Common use of Bookkeeping and Administrative Expenses Clause in Contracts

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory services, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee an aggregate annual fee in an amount which shall not exceed that amount set forth in the Prospectus, calculated as specified in Section 3.05. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to the date of any such increase, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index as described under Section 3.18. The consent or concurrence of any Unitholder hereunder shall not be required for any such adjustment or increase. Such compensations shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05. The Trustee shall have no liability to any Unitholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.23, the Trustee shall have the power to sell (1) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.23. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04.

Appears in 1064 contracts

Samples: Reference Trust Agreement (Guggenheim Defined Portfolios, Series 1869), Reference Trust Agreement (Guggenheim Defined Portfolios, Series 1611), Reference Trust Agreement (Guggenheim Defined Portfolios, Series 1758)

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Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory services, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee an aggregate annual fee in an amount which shall not exceed that amount set forth in the Prospectus, calculated as specified in Section 3.05, but in no event shall such compensation, when combined with all compensation received from other series of the Trust or other unit investment trusts sponsored by the Depositor or its affiliates for providing such bookkeeping and administrative services in any calendar year exceed the aggregate cost to the Depositor for providing such services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to the date of any such increase, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index as described under Section 3.18. The consent or concurrence of any Unitholder hereunder shall not be required for any such adjustment or increase. Such compensations shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05. The Trustee shall have no liability to any Unitholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.23, the Trustee shall have the power to sell (1) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.23. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04.

Appears in 469 contracts

Samples: Reference Trust Agreement (Claymore Securities Defined Portfolios, Series 553), Reference Trust Agreement (Claymore Securities Defined Portfolios, Series 487), Reference Trust Agreement (Claymore Securities Defined Portfolios, Series 510)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory services, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee an aggregate annual fee in an amount which shall not exceed that amount set forth in the Prospectus, calculated as specified in Section 3.05. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to the date of any such increase, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index as described under Section 3.18. The consent or concurrence of any Unitholder hereunder shall not be required for any such adjustment or increase. Such compensations shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05. The Trustee shall have no liability to any Unitholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.23, the Trustee shall have the power to sell (1) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.23. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04.

Appears in 342 contracts

Samples: Reference Trust Agreement (Guggenheim Defined Portfolios, Series 2398), Reference Trust Agreement (Guggenheim Defined Portfolios, Series 2397), Reference Trust Agreement (Guggenheim Defined Portfolios, Series 2396)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the per Unit amount set forth in Part II of the ProspectusTrust Agreement, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at not time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein."

Appears in 190 contracts

Samples: Trust Agreement (Ft 556), Trust Agreement (Ft 475), Trust Agreement (Ft 408)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory services, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee an aggregate annual fee in an amount which shall not exceed that amount set forth in the Prospectus, calculated as specified in Section 3.05, but in no event shall such compensation, when combined with all compensation received from other series of the Trust or other unit investment trusts sponsored by the Depositor or its affiliates for providing such bookkeeping and administrative services in any calendar year exceed the aggregate cost to the Depositor for providing such services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to the date of any such increase, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index as described under Section 3.18. The consent or concurrence of any Unitholder hereunder shall not be required for any such adjustment or increase. Such compensations shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05. The Trustee shall have no liability to any Unitholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.23, the Trustee shall have the power to sell (1) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.23. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04.

Appears in 111 contracts

Samples: Reference Trust Agreement (Claymore Securities Defined Portfolios, Series 230), Reference Trust Agreement (Claymore Securities Defined Portfolios Series 133), Reference Trust Agreement (Claymore Securities Defined Portfolios, Series 256)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory services, the Depositor shall receive at the times specified in Section 3.053.06, against a statement or statements therefor therefore submitted to the Trustee an aggregate annual fee in an amount which shall not exceed that amount set forth in the Prospectus, calculated as specified in Section 3.053.06, but in no event shall such compensation, when combined with all compensation received from other series of the Trust or other unit investment trusts sponsored by the Depositor or its affiliates for providing such bookkeeping and administrative services in any calendar year exceed the aggregate cost to the Depositor for providing such services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to the date of any such increase, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index as described under Section 3.18. The consent or concurrence of any Unitholder hereunder shall not be required for any such adjustment or increase. Such compensations shall be paid by the Trustee, upon receipt of invoice therefor therefore from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.053.06. The Trustee shall have no liability to any Unitholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.19, the Trustee shall have the power to sell (1) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.19. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 3.19 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04.

Appears in 61 contracts

Samples: Reference Trust Agreement (Claymore Securities Defined Portfolios, Series 221), Reference Trust Agreement (Guggenheim Defined Portfolios, Series 725), Reference Trust Agreement (Guggenheim Defined Portfolios, Series 807)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory services, the Depositor shall receive at the times specified in Section 3.053.06, against a statement or statements therefor therefore submitted to the Trustee an aggregate annual fee in an amount which shall not exceed that amount set forth in the Prospectus, calculated as specified in Section 3.053.06. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to the date of any such increase, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index as described under Section 3.18. The consent or concurrence of any Unitholder hereunder shall not be required for any such adjustment or increase. Such compensations shall be paid by the Trustee, upon receipt of invoice therefor therefore from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.053.06. The Trustee shall have no liability to any Unitholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.19, the Trustee shall have the power to sell (1) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.19. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 3.19 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04.

Appears in 56 contracts

Samples: Reference Trust Agreement (Guggenheim Defined Portfolios, Series 969), Reference Trust Agreement (Guggenheim Defined Portfolios, Series 1035), Reference Trust Agreement (Guggenheim Defined Portfolios, Series 1328)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to S. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 32 contracts

Samples: Ft 277 Trust Agreement (Ft 277), Ft 271 Trust Agreement (Ft 271), Ft 255 Trust Agreement (Ft 255)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein.

Appears in 22 contracts

Samples: Trust Agreement (First Trust Special Situations Trust Series 185), First Trust Special Situations Trust (First Trust Special Situations Trust Series 177), First Trust Special Situations (First Trust Special Situations Trust Series 190)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory services, the Depositor shall receive at the times specified in Section 3.053.06, against a statement or statements therefor therefore submitted to the Trustee an aggregate annual fee in an amount which shall not exceed that amount set forth in the Prospectus, calculated as specified in Section 3.053.06. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to the date of any such increase, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index as described under Section 3.18. The consent or concurrence of any Unitholder hereunder shall not be required for any such adjustment or increase. Such compensations shall be paid by the Trustee, upon receipt of invoice therefor therefore from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.053.06. The Trustee shall have no liability to any Unitholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.19, the Trustee shall have the power to sell (1) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.19. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 3.19 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04.

Appears in 14 contracts

Samples: Reference Trust Agreement (Guggenheim Defined Portfolios, Series 2301), Reference Trust Agreement (Guggenheim Defined Portfolios, Series 2360), Reference Trust Agreement (Guggenheim Defined Portfolios, Series 2324)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to Q. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 13 contracts

Samples: Trust Agreement (First Trust Special Situations Trust Series 203), Ft 216 Trust Agreement (Ft 216), Ft 218 Trust Agreement (Ft 218)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an the amount which shall not exceed that amount set forth in the Prospectusof $.0033 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at no time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to R. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 12 contracts

Samples: Ft 337 Trust Agreement (Ft 337), Ft 332 Trust Agreement (Ft 332), Ft 324 Trust Agreement (Ft 324)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the per Unit amount set forth in Part II of the ProspectusTrust Agreement, calculated as specified based on the largest number of Units outstanding during the calendar year (such annual fee to be pro rated for any calendar year in Section 3.05which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at not time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein."

Appears in 11 contracts

Samples: Trust Agreement (Ft 595), Trust Agreement (Ft 492), Trust Agreement (Ft 441)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an the amount which shall not exceed that amount set forth in the Prospectusof $.0033 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at no time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein.

Appears in 10 contracts

Samples: Trust Agreement (Ft349), Trust Agreement (Ft359), Ft 318 (Ft 318)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory services, the Depositor shall receive at the times specified in Section 3.059.02 in connection with the termination of the Trust, against a statement or statements therefor submitted to the Trustee an aggregate annual fee in an amount which shall not exceed that amount set forth in the Prospectus, calculated as specified in Section 3.05. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Reference Trust Agreement to the date of any such increase, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index as described under Section 3.18. The consent or concurrence of any Unitholder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid accrued by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as and be paid in connection with the termination of the Trust pursuant to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.059.02. The Trustee shall have no liability to any Unitholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.23, the Trustee shall have the power to sell (1) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.23. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04.

Appears in 10 contracts

Samples: Reference Trust Agreement (Guggenheim Defined Portfolios, Series 2358), Reference Trust Agreement (Guggenheim Defined Portfolios, Series 2017), Reference Trust Agreement (Guggenheim Defined Portfolios, Series 2016)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the per Unit amount set forth in Part II of the ProspectusTrust Agreement, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at not time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein.

Appears in 9 contracts

Samples: Ft 351 (Ft351), Trust Agreement (Ft 381), Ft 346 (Ft346)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the per Unit amount set forth in Part II of the ProspectusTrust Agreement, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at not time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.16, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.16 provided, however, that Zero Coupon Obligations may not be sold to pay for amounts payable pursuant to this Section 3.16. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein."

Appears in 9 contracts

Samples: Trust Agreement (Ft 391), Trust Agreement (Ft 529), Trust Agreement (Ft 515)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to W. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 9 contracts

Samples: Ft 281 Trust Agreement (Ft 281), Ft 297 Trust Agreement (Ft 297), Ft 226 Trust Agreement (Ft 226)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an the amount which shall not exceed that amount set forth in the Prospectusof $.0033 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at no time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein."

Appears in 8 contracts

Samples: Trust Agreement (Ft 380), Trust Agreement (Ft368), Ft 369 (Ft369)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an the amount which shall not exceed that amount set forth in the Prospectusof $.0015 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at no time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein.

Appears in 8 contracts

Samples: Ft 389 (Ft 389), Trust Agreement (Ft355), Ft 390 (Ft 390)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to X. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 7 contracts

Samples: Ft 279 Trust Agreement (Ft 279), Ft 290 Trust Agreement (Ft 290), Ft 278 Trust Agreement (Ft 278)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory services, the Depositor shall receive at the times specified in Section 3.053.06, against a statement or statements therefor submitted to the Trustee an aggregate annual fee in an amount which shall not exceed that amount set forth in the Prospectus, calculated as specified in Section 3.053.06, but in no event shall such compensation, when combined with all compensation received from other series of the Trust or other unit investment trusts sponsored by the Depositor or its affiliates for providing such bookkeeping and administrative services in any calendar year exceed the aggregate cost to the Depositor for providing such services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to the date of any such increase, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index as described under Section 3.18. The consent or concurrence of any Unitholder hereunder shall not be required for any such adjustment or increase. Such compensations shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.053.06. The Trustee shall have no liability to any Unitholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.19, the Trustee shall have the power to sell (1) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.19. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 3.19 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04.

Appears in 6 contracts

Samples: Reference Trust Agreement (Claymore Securities Defined Portfolios Series 145), Reference Trust Agreement (Claymore Securities Defined Portfolios Series 135), Reference Trust Agreement (Claymore Securities Defined Portfolios Series 144)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory services, the Depositor shall receive at the times specified in Section 3.053.06, against a statement or statements therefor therefore submitted to the Trustee an aggregate annual fee in an amount which shall not exceed that amount set forth in the Prospectus, calculated as specified in Section 3.053.06, but in no event shall such compensation, when combined with all compensation received from other series of the Trust or other unit investment trusts sponsored by the Depositor or its affiliates for providing such bookkeeping and administrative services in any calendar year exceed the aggregate cost to the Depositor for providing such services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided PROVIDED that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to the date of any such increase, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index as described under Section 3.18. The consent or concurrence of any Unitholder hereunder shall not be required for any such adjustment or increase. Such compensations shall be paid by the Trustee, upon receipt of invoice therefor therefore from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.053.06. The Trustee shall have no liability to any Unitholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.19, the Trustee shall have the power to sell (1) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.19. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 3.19 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04.

Appears in 6 contracts

Samples: Reference Trust Agreement (Claymore Securities Defined Portfolios, Series 186), Reference Trust Agreement (Claymore Securities Defined Portfolios, Series 199), Reference Trust Agreement (Claymore Securities Defined Portfolios, Series 188)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein.

Appears in 5 contracts

Samples: Trust Agreement (Ft 250), Ft 233 Trust Agreement (Ft 233), Ft 261 Trust Agreement (Ft 261)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to S. Section 5.01 of the Standard Terms and Conditions of Trust shall be amended as follows: (i) The first sentence of the first paragraph of Section 5.01 shall be amended by deleting the phrase "together with all other assets of the Trust" at the end of such sentence and adding the following at the conclusion thereof: ", plus (4) amounts representing organizational expenses paid from the Trust less amounts representing accrued organizational expenses of the Trust, plus (5) all other assets of the Trust." (ii) The following shall be added at the end of the first paragraph of Section 5.01: Until the Depositor has informed the Trustee that there will be no further deposits of Additional Securities pursuant to this section 2.01(b), the Depositor shall provide the Trustee with written estimates of (i) the total organizational expenses to be borne by the Trust pursuant to Section 3.23 3.01 and (ii) the total number of Units to be issued in connection with the initial deposit and all anticipated deposits of additional Securities. For purposes of calculating the Trust Fund Evaluation and Unit Value, the Trustee shall treat all such anticipated expenses as having been paid and all liabilities therefor as having been incurred, and all Units as having been issued, in each case on the date of the Trust Agreement, and, in connection with each such calculation, shall take into account a pro rata portion of such expense and liability based on the actual number of Units issued as of the date of such calculation. In the event the Trustee is informed by the Depositor of a revision in its estimate of total expenses or total Units and upon the conclusion of the deposit of additional Securities, the Trustee shall base calculations made thereafter on such revised estimates or actual expenses, respectively, but such adjustment shall not affect calculations made prior thereto and no adjustment shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien made in favor of the Trustee under the provisions of Section 6.04respect thereof.

Appears in 5 contracts

Samples: Ft 244 Trust Agreement (Ft 244), Ft 239 Trust Agreement (Ft 239), Ft 245 Trust Agreement (Ft 245)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to Y. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 5 contracts

Samples: Ft 289 Trust Agreement (Ft 289), Ft 256 Trust Agreement (Ft 256), Ft 285 Trust Agreement (Ft 285)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein.

Appears in 4 contracts

Samples: Trust Agreement (Ft 222), Trust Agreement (First Trust Special Situations Trust Series 207), First Trust Special Situations Trust (First Trust Special Situations Trust Series 195)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that dollar amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.16, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.16, provided, however, that Zero Coupon Obligations may not be sold to pay for amounts payable pursuant to this Section 3.16. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein.

Appears in 4 contracts

Samples: First Trust Special (First Trust Special Situtations Trust Series 169), Ft 213 Trust Agreement (Ft 213), Ft 220 Trust Agreement (Ft 220)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable Y. Notwithstanding anything to the Depositor pursuant contrary in Sections 3.15 and 4.05 of the Standard Terms and Conditions of Trust, so long as Nike Securities L.P. is acting as Depositor, the Trustee shall have no power to this Section 3.23 remove the Portfolio Supervisor. Z. Article III of the Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 4 contracts

Samples: Ft 235 Trust Agreement (Ft 235), Ft 249 Trust Agreement (Ft 249), Ft 252 Trust Agreement (Ft 252)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the per Unit amount set forth in Part II of the ProspectusTrust Agreement, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at not time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein."

Appears in 4 contracts

Samples: Ft 565 (Ft 565), Trust Agreement (Ft 561), Trust Agreement (Ft 567)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to P. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 3 contracts

Samples: Ft 188 Trust Agreement (Ft 188), Ft 224 Trust Agreement (Ft 224), Ft 219 Trust Agreement (Ft 219)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to P. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 3 contracts

Samples: First Trust Special Situations Trust (First Trust Special Situations Trust Series 197), First Trust Special Situations Trust (First Trust Special Situations Trust Series 187), First Trust Special Situations Trust (First Trust Special Situations Trust Series 214)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and or other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth under "Summary of Essential Information" in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor of providing such services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.16, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.16. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable (p) All provisions regarding the Distribution Date included in Section 3.05 of Article III of the Standard Terms and Conditions of Trust are hereby amended to change the Distribution Date from the first day of the month following the Record Date to the Depositor pursuant to this last day of the month in which the Record Date occurs. (q) Section 3.23 6.01(i) of the Standard Terms and Conditions of Trust shall be secured amended by deleting the first word of such Section and replacing it with the following: "Except as provided in Section 3.01, no" (r) Section 8.04 is hereby amended by inserting the following at the end of such section: ", except as provided in Section 3.01" (s) The second sentence of the first paragraph of Section 5.01 of the Standard Terms and Conditions of Trust shall be amended by deleting the word "and" appearing immediately prior to subsection (c) of such sentence and inserting the following at the end of such sentence: ", and (d) amounts representing organizational expenses paid less amounts representing accrued organizational expenses of a prior lien Trust." (t) Section 1.01.(2) shall be amended to read as follows: "(2) "Trustee" shall mean The Chase Manhattan Bank, or any successor trustee appointed as hereinafter provided." All references to United States Trust Company of New York in the Standard Terms and Conditions of Trust shall be amended to refer to The Chase Manhattan Bank. PART III Notwithstanding any provision to the contrary contained in the Standard Terms and Conditions of Trust and in lieu of the receipt of Certificates evidencing ownership of Units of the Fund, the Sponsor or any Underwriter of the Fund listed under the caption "Underwriting" in the Prospectus, at its option, may elect that Units of the Fund owned by it be reflected by book entry on the Trust except that no books and records of the Trustee. For all purposes such lien Sponsor or Underwriter shall be prior to any lien in favor deemed the owner of such Units as if a Certificate evidencing ownership of Units of the Fund had actually been issued by the Trustee. The Units reflected by book entry on the books and records of the Trustee under may be transferable by the provisions registered owner of Section 6.04such Units by written instrument in form satisfactory to the Trustee. The registered owner of Units reflected by book entry on the books and records of the Trustee shall have the right at any time to obtain Certificates evidencing ownership of such Units.

Appears in 3 contracts

Samples: Trust Agreement (First Trust Combined Series 269), First Trust Combined Series 268 (First Trust Combined Series 268), First Trust Combined Series (First Trust Combined Series 270)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth $0.0010 times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, in which case the Prospectusfee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), calculated but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to P. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 3 contracts

Samples: First Trust Special Situations (First Trust Special Situations Trust Series 134), First Trust Special Situations (First Trust Special Situations Trust Series 131), First Trust Special Situations (First Trust Special Situations Trust Series 135)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to P. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 3 contracts

Samples: First Trust Special Situations Trust (First Trust Special Situations Trust Series 158), Ft 223 Trust Agreement (Ft 223), First Trust Special Situations (First Trust Special Situations Trust Series 176)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to Q. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 2 contracts

Samples: First Trust Special Situations Trust (First Trust Special Situtations Trust Series 172), First Trust Special Situations (First Trust Special Situations Trust Series 168)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to P. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 2 contracts

Samples: First Trust Special Situations Trust (First Trust Special Situtations Trust Series 167), First Trust Special Situations (First Trust Special Situtations Trust Series 166)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the amount set forth in the Prospectusof $0.15 per 1,000 Units, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at no time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.15, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.15. Any moneys payable to the Depositor pursuant to this Section 3.23 3.15 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein."

Appears in 2 contracts

Samples: Trust Agreement (First Trust Gnma Series 77), Trust Agreement (First Trust Gnma Series 76)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to K. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 2 contracts

Samples: First Trust Special Situations (First Trust Special Situations Trust Series 126), First Trust Special Situations (First Trust Special Situations Trust Ser 142)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the amount set forth in the Prospectusof $0.33 per 1,000 Units, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at no time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.15, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.15. Any moneys payable to the Depositor pursuant to this Section 3.23 3.15 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein."

Appears in 2 contracts

Samples: Trust Agreement (Gnma 80), The First Trust (Gnma 79)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and or other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth $0.14 times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, in which case the Prospectusfee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), calculated but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor of providing such services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.16, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.16. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable (p) All provisions regarding the Distribution Date included in Section 3.05 of Article III of the Standard Terms and Conditions of Trust are hereby amended to change the Distribution Date from the first day of the month following the Record Date to the Depositor pursuant to this last day of the month in which the Record Date occurs. (q) Section 3.23 3.01 of the Standard Terms and Conditions of Trust shall be secured by a prior lien on replaced in its entirety with the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of following: "Section 6.043.01.

Appears in 2 contracts

Samples: Trust Agreement (First Combined Series 255), First Trust Combined Series 256

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to T. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 2 contracts

Samples: Ft 267 Trust Agreement (Ft 267), Ft 293 Trust Agreement (Ft 293)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein.

Appears in 2 contracts

Samples: First Trust Special (First Trust Special Situtations Trust Series 171), First Trust Special Situations (First Trust Special Situations Trust Series 165)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the per Unit amount set forth in Part II of the ProspectusTrust Agreement, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at not time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to Y. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 2 contracts

Samples: Ft 333 Trust Agreement (Ft 333), Trust Agreement (Ft 330)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that dollar amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.16, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.16, provided, however, that Zero Coupon Obligations may not be sold to pay for amounts payable pursuant to this Section 3.16. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable K. Section 1.01(3) shall be amended to read as follows: "(3) "Evaluator" shall mean First Trust Advisors L.P. and its successors in interest, or any successor evaluator appointed as hereinafter provided." L. The first sentence of Section 3.14. shall be amended to read as follows: "As compensation for providing supervisory portfolio services under this Indenture, the Portfolio Supervisor shall receive, in arrears, against a statement or statements therefor submitted to the Depositor pursuant Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed the amount set forth under "Summary of Essential Information- Supervisory Fee" in the Prospectus times the number of Units outstanding as of January 1 of such year except for a Trust during the year or years in which an initial offering period as determined in Section 4.01 of this Indenture occurs, in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to this be pro rated for any calendar year in which the Portfolio Supervisor provides services during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other series of the Trust for providing such supervisory services in any calendar year exceed the aggregate cost to the Portfolio Supervisor for providing such services." M. Section 3.23 3.01 of the Standard Terms and Conditions of Trust shall be secured by a prior lien on replaced in its entirety with the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of following: "Section 6.043.01.

Appears in 1 contract

Samples: First Trust Special Situations Trust (First Trust Special Situations Trust Series 215)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the per Unit amount set forth in Part II of the ProspectusTrust Agreement, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at not time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein."

Appears in 1 contract

Samples: Trust Agreement (Ft 392)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an the amount which shall not exceed that amount set forth in the Prospectusof $.0015 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at not time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein.

Appears in 1 contract

Samples: Trust Agreement (Ft356)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.16, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.16. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. P. The first sentence of Section 3.15. shall be amended to read as follows: "As compensation for providing supervisory portfolio services under this Indenture, the Portfolio Supervisor shall receive, in arrears, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed such amount set forth in the Prospectus under "Summary of Essential Information" per Unit outstanding as of January 1 of such year except for a Trust during the year or years in which an initial offering period as determined in Section 4.01 of this Indenture occurs, in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Portfolio Supervisor provides services during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other series of the Trust for providing such supervisory services in any calendar year exceed the aggregate cost to the Portfolio Supervisor for the cost of providing such services." Q. The following shall be added immediately following the first sentence of paragraph (c) of Section 2.01: "The Trustee may allow the Depositor to substitute any Letter(s) of Credit deposited with the Trustee in connection with the deposits described in Section 2.01(a) and (b) with cash in an amount sufficient to satisfy the obligations to which the Letter(s) of Credit relates. Any moneys payable to the Depositor pursuant to this Section 3.23 substituted Letter(s) of credit shall be secured released by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04Trustee."

Appears in 1 contract

Samples: First Trust Special Situations (First Trust Special Situations Trust Ser 144)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory services, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor for providing such services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index as described under Section 3.183.11. The consent or concurrence of any Unitholder hereunder shall not be required for any such adjustment or increase. Such compensations shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.13, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.13. Any moneys payable to the Depositor pursuant to this Section 3.23 3.13 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor 8.08 and of the Trustee Evaluator under the provisions of Section 6.044.03.

Appears in 1 contract

Samples: Voyageur Unit Investment Trust Series 9

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and or other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth under "Summary of Essential Information" in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor of providing such services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.16, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.16. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable (p) All provisions regarding the Distribution Date included in Section 3.05 of Article III of the Standard Terms and Conditions of Trust are hereby amended to change the Distribution Date from the first day of the month following the Record Date to the Depositor pursuant to this last day of the month in which the Record Date occurs. (q) Section 3.23 6.01(i) of the Standard Terms and Conditions of Trust shall be secured amended by deleting the first word of such Section and replacing it with the following: "Except as provided in Section 3.01, no" (r) Section 8.04 is hereby amended by inserting the following at the end of such section: ", except as provided in Section 3.01" (s) The second sentence of the first paragraph of Section 5.01 of the Standard Terms and Conditions of Trust shall be amended by deleting the word "and" appearing immediately prior to subsection (c) of such sentence and inserting the following at the end of such sentence: ", and (d) amounts representing organizational expenses paid less amounts representing accrued organizational expenses of a prior lien Trust." (t) Section 1.01.(2) shall be amended to read as follows: "(2) "Trustee" shall mean The Chase Manhattan Bank, or any successor trustee appointed as hereinafter provided." All references to United States Trust Company of New York in the Standard Terms and Conditions of Trust shall be amended to refer to The Chase Manhattan Bank. (u). Notwithstanding anything to the contrary in Sections 3.15 and 4.05 of the Standard Terms and Conditions of Trust, so long as Nike Securities L.P. is acting as Depositor, the Trustee shall have no power to remove the Portfolio Supervisor. PART III Notwithstanding any provision to the contrary contained in the Standard Terms and Conditions of Trust and in lieu of the receipt of Certificates evidencing ownership of Units of the Fund, the Sponsor or any Underwriter of the Fund listed under the caption "Underwriting" in the Prospectus, at its option, may elect that Units of the Fund owned by it be reflected by book entry on the Trust except that no books and records of the Trustee. For all purposes such lien Sponsor or Underwriter shall be prior to any lien in favor deemed the owner of such Units as if a Certificate evidencing ownership of Units of the Fund had actually been issued by the Trustee. The Units reflected by book entry on the books and records of the Trustee under may be transferable by the provisions registered owner of Section 6.04such Units by written instrument in form satisfactory to the Trustee. The registered owner of Units reflected by book entry on the books and records of the Trustee shall have the right at any time to obtain Certificates evidencing ownership of such Units.

Appears in 1 contract

Samples: First Trust Combined Series 271 (First Trust Combined Series 271)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the per Unit amount set forth in Part II of the ProspectusTrust Agreement, calculated as specified based on the largest number of Units outstanding during the calendar year (such annual fee to be pro rated for any calendar year in Section 3.05which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at no time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein."

Appears in 1 contract

Samples: Trust Agreement (Ft 491)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an the amount which shall not exceed that amount set forth in the Prospectusof $0 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at not time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein.

Appears in 1 contract

Samples: Ft 311 Trust Agreement (Ft 311)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable X. Notwithstanding anything to the Depositor pursuant contrary in Sections 3.15 and 4.05 of the Standard Terms and Conditions of Trust, so long as Nike Securities L.P. is acting as Depositor, the Trustee shall have no power to this Section 3.23 remove the Portfolio Supervisor. Y. Article III of the Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 1 contract

Samples: Ft 254 Trust Agreement (Ft 254)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and or other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth under "Summary of Essential Information" in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor of providing such services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.16, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.16. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable (p) All provisions regarding the Distribution Date included in Section 3.05 of Article III of the Standard Terms and Conditions of Trust are hereby amended to change the Distribution Date from the first day of the month following the Record Date to the Depositor pursuant to this last day of the month in which the Record Date occurs. (q) Section 3.23 6.01(i) of the Standard Terms and Conditions of Trust shall be secured amended by deleting the first word of such Section and replacing it with the following: "Except as provided in Section 3.01, no" (r) Section 8.04 is hereby amended by inserting the following at the end of such section: ", except as provided in Section 3.01" (s) The second sentence of the first paragraph of Section 5.01 of the Standard Terms and Conditions of Trust shall be amended by deleting the word "and" appearing immediately prior to subsection (c) of such sentence and inserting the following at the end of such sentence: ", and (d) amounts representing organizational expenses paid less amounts representing accrued organizational expenses of a prior lien Trust." (t) Section 1.01.(2) shall be amended to read as follows: "(2) "Trustee" shall mean The Chase Manhattan Bank (National Association), or any successor trustee appointed as hereinafter provided." All references to United States Trust Company of New York in the Standard Terms and Conditions of Trust shall be amended to refer to The Chase Manhattan Bank (National Association). PART III Notwithstanding any provision to the contrary contained in the Standard Terms and Conditions of Trust and in lieu of the receipt of Certificates evidencing ownership of Units of the Fund, the Sponsor or any Underwriter of the Fund listed under the caption "Underwriting" in the Prospectus, at its option, may elect that Units of the Fund owned by it be reflected by book entry on the Trust except that no books and records of the Trustee. For all purposes such lien Sponsor or Underwriter shall be prior to any lien in favor deemed the owner of such Units as if a Certificate evidencing ownership of Units of the Fund had actually been issued by the Trustee. The Units reflected by book entry on the books and records of the Trustee under may be transferable by the provisions registered owner of Section 6.04such Units by written instrument in form satisfactory to the Trustee. The registered owner of Units reflected by book entry on the books and records of the Trustee shall have the right at any time to obtain Certificates evidencing ownership of such Units.

Appears in 1 contract

Samples: First Trust Combined Series 258

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an the amount which shall not exceed that amount set forth in the Prospectusof $.0015 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at no time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to R. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 1 contract

Samples: Trust Agreement (Ft 340)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable S. Notwithstanding anything to the Depositor pursuant contrary in Sections 3.15 and 4.05 of the Standard Terms and Conditions of Trust, so long as Nike Securities L.P. is acting as Depositor, the Trustee shall have no power to this remove the Portfolio Supervisor. T. Section 3.23 5.01 of the Standard Terms and Conditions of Trust shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04.amended as follows:

Appears in 1 contract

Samples: Trust Agreement (Ft 269)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein.

Appears in 1 contract

Samples: Trust Agreement (Ft 238)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the per Unit amount set forth in Part II of the ProspectusTrust Agreement, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at not time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to 6.04 herein."z Y. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.04.3.15:

Appears in 1 contract

Samples: Trust Agreement (Ft370)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory services, the Depositor shall receive at the times specified in Section 3.053.04, against a statement or statements therefor submitted to the Trustee an aggregate annual fee in an amount which shall not exceed that amount set forth in the Prospectus, calculated as specified in Section 3.053.04, but in no event shall such compensation, when combined with all compensation received from other series of the Fund or other unit investment trusts sponsored by the Depositor or its affiliates for providing such bookkeeping and administrative services in any calendar year exceed the aggregate cost to the Depositor for providing such services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to the date of any such increase, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index as described under Section 3.183.11. The consent or concurrence of any Unitholder hereunder shall not be required for any such adjustment or increase. Such compensations shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.13, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.13. Any moneys payable to the Depositor pursuant to this Section 3.23 3.13 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor 8.08 and of the Trustee Evaluator under the provisions of Section 6.044.03.

Appears in 1 contract

Samples: Nuveen Unit Trusts Series 103

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an the amount which shall not exceed that amount set forth in the Prospectusof $.0015 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at no time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to W. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 1 contract

Samples: Ft 327 Trust Agreement (Ft 327)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section '26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to X. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 1 contract

Samples: Ft 306 (Ft 306)

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Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or by the Depositor for providing supervisory services, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the depositor for providing such services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index as described under Section 3.183.13. The consent or concurrence of any Unitholder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any All moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor 8.08 and of the Trustee Evaluator under the provisions of Section 6.044.03.

Appears in 1 contract

Samples: Voyageur Tax Exempt Trust Series 10

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory services, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the depositor for providing such services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index as described under Section 3.183.13. The consent or concurrence of any Unitholder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any All moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor 8.08 and of the Trustee Evaluator under the provisions of Section 6.044.03.

Appears in 1 contract

Samples: Voyageur Unit Investment Trust Series 10

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an the amount which shall not exceed that amount set forth in the Prospectusof $.0033 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at no time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to Q. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 1 contract

Samples: Ft 328 Trust Agreement (Ft 328)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an the amount which shall not exceed that amount set forth in the Prospectusof $.0015 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at no time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to X. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 1 contract

Samples: Ft 345 Trust Agreement (Ft345)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the per Unit amount set forth in Part II of the ProspectusTrust Agreement, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at no time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.16, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.16 provided, however, that zero Coupon Obligations may not be sold to pay for amounts pursuant to this Section 3.16. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein.

Appears in 1 contract

Samples: Ft 526 (Ft 526)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory services, the Depositor shall receive at the times specified in Section 3.053.04, against a statement or statements therefor submitted to the Trustee an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the largest number of Units outstanding during the period in respect of which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), calculated as specified but in Section 3.05no event shall such compensation, when combined with all compensation received from other series of the Fund or other unit investment trusts sponsored by the Depositor or its affiliates for providing such bookkeeping and administrative services in any calendar year exceed the aggregate cost to the Depositor for providing such services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to the date of any such increase, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index as described under Section 3.183.11. The consent or concurrence of any Unitholder hereunder shall not be required for any such adjustment or increase. Such compensations shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.13, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.13. Any moneys payable to the Depositor pursuant to this Section 3.23 3.13 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor 8.08 and of the Trustee Evaluator under the provisions of Section 6.044.03.

Appears in 1 contract

Samples: Nuveen Unit Trusts Series 4

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificate holder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein.

Appears in 1 contract

Samples: Ft 309 (Ft 309)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus under "Summary of Essential Information" times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor for providing such services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to P. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 1 contract

Samples: First Trust Special Situations (First Trust Special Situations Trust Series 130)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(Css.26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the per Unit amount set forth in Part II of the ProspectusTrust Agreement, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at not time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein."

Appears in 1 contract

Samples: Trust Agreement (Ft 570)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to Q. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 1 contract

Samples: Ft 227 Trust Agreement (Ft 227)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to K. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 1 contract

Samples: Ft 234 Trust Agreement (Ft 234)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that dollar amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.16, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.16, provided, however, that Zero Coupon Obligations may not be sold to pay for amounts payable pursuant to this Section 3.16. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable K. Section 1.01(3) shall be amended to read as follows: "(3) "Evaluator" shall mean First Trust Advisors L.P. and its successors in interest, or any successor evaluator appointed as hereinafter provided." L. The first sentence of Section 3.14. shall be amended to read as follows: "Subject to Section 3.15 hereof, as compensation for providing supervisory portfolio services under this Indenture, the Portfolio Supervisor shall receive, in arrears, against a statement or statements therefor submitted to the Depositor pursuant Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed the amount set forth under "Summary of Essential Information-Supervisory Fee" in the Prospectus times the number of Units outstanding as of January 1 of such year except for a Trust during the year or years in which an initial offering period as determined in Section 4.01 of this Indenture occurs, in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to this be pro rated for any calendar year in which the Portfolio Supervisor provides services during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other series of the Trust for providing such supervisory services in any calendar year exceed the aggregate cost to the Portfolio Supervisor for providing such services. M. Section 3.23 3.01 of the Standard Terms and Conditions of Trust shall be secured by a prior lien on replaced in its entirety with the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of following: "Section 6.043.01.

Appears in 1 contract

Samples: First Trust Special Situations (First Trust Special Situations Trust Ser 146)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that dollar amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.16, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.16, provided, however, that Zero Coupon Obligations may not be sold to pay for amounts payable pursuant to this Section 3.16. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable L. Section 1.01(3) shall be amended to read as follows: "(3) "Evaluator" shall mean First Trust Advisors L.P. and its successors in interest, or any successor evaluator appointed as hereinafter provided." M. The first sentence of Section 3.14. shall be amended to read as follows: "Subject to Section 3.15 hereof, as compensation for providing supervisory portfolio services under this Indenture, the Portfolio Supervisor shall receive, in arrears, against a statement or statements therefor submitted to the Depositor pursuant Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed the amount set forth under "Summary of Essential Information-Supervisory Fee" in the Prospectus times the number of Units outstanding as of January 1 of such year except for a Trust during the year or years in which an initial offering period as determined in Section 4.01 of this Indenture occurs, in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to this be pro rated for any calendar year in which the Portfolio Supervisor provides services during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other series of the Trust for providing such supervisory services in any calendar year exceed the aggregate cost to the Portfolio Supervisor for providing such services. N. Section 3.23 3.01 of the Standard Terms and Conditions of Trust shall be secured by a prior lien on replaced in its entirety with the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of following: "Section 6.043.01.

Appears in 1 contract

Samples: First Trust Special Situations (First Trust Special Situations Trust Series 133)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an the amount which shall not exceed that amount set forth in the Prospectusof $.0033 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at no time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to S. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 1 contract

Samples: Ft 294 Trust Agreement (Ft 294)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that dollar amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor for providing such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.16, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.16, provided, however, that Zero Coupon Obligations may not be sold to pay for amounts payable pursuant to this Section 3.16. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein.

Appears in 1 contract

Samples: Ft 312 Trust Agreement (Ft 312)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that an amount set forth in the ProspectusProspectus under "Special Information" times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor for the cost of providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.15, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.15. Any moneys payable to the Depositor pursuant to this Section 3.23 3.15 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable 6.04 herein." (P) All provisions regarding the Distribution Date included in Section 3.05 of Article III of the Standard Terms and Conditions of Trust are hereby amended to change the Distribution Date from the first day of the month following the Record Date to the Depositor pursuant to this Section 3.23 last day of the month in which the Record Date occurs. (Q) Article III of the Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.16: "Section 3.16.

Appears in 1 contract

Samples: Trust Agreement (First Trust Gnma Series 74)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that dollar amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.16, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.16, provided, however, that Zero Coupon Obligations may not be sold to pay for amounts payable pursuant to this Section 3.16. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable J. Section 3.14(b) of the Standard Terms and Conditions of Trust shall be amended to delete the requirement that each New Bond be rated "A" or better in the case of Trusts other than Insured Trusts by Standard & Poor's Corporation or Xxxxx'x Investors Service, Inc., or comparably rated by any other nationally recognized credit rating service rating debt obligations which shall be designated by the Depositor and shall be satisfactory to the Depositor pursuant to this Section 3.23 Trustee with the requirement that each such New Bond be rated "B" or better by Standard & Poor's Corporation or Xxxxx'x Investors Service, Inc. or comparably rated by any other nationally recognized credit rating service rating debt obligations which shall be secured designated by a prior lien on the Trust except that no such lien Depositor and shall be prior satisfactory to any lien in favor of the Trustee under the provisions of Section 6.04Trustee.

Appears in 1 contract

Samples: Ft 232 Trust Agreement (Ft 232)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory services, the Depositor shall receive at the times specified in Section 3.053.04, against a statement or statements therefor submitted to the Trustee an aggregate annual fee in an amount which shall not exceed that amount set forth in the Prospectus, calculated as specified in Section 3.053.04, but in no event shall such compensation, when combined with all compensation received from other series of the Fund or other unit investment trusts sponsored by the Depositor or its affiliates for providing such bookkeeping and administrative services in any calendar year exceed the aggregate cost to the Depositor for providing such services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to the date of any such increase, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index as described under Section 3.183.11. The consent or concurrence of any Unitholder hereunder shall not be required for any such adjustment or increase. Such compensations shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.053.04. The Trustee shall have no liability to any Unitholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.13, the Trustee shall have the power to sell (1) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.13. Any moneys payable to the Depositor pursuant to this Section 3.23 3.13 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor 8.08 and of the Trustee Evaluator under the provisions of Section 6.044.03.

Appears in 1 contract

Samples: Nuveen Unit Trusts Series 104

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus under "Summary of Essential Information" times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor for providing such services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein.

Appears in 1 contract

Samples: First Trust Special Situations (First Trust Special Situations Trust Series 129)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the per Unit amount set forth in Part II of the ProspectusTrust Agreement, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at not time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to X. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 1 contract

Samples: Ft 335 Trust Agreement (Ft 335)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to X. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 1 contract

Samples: Ft 305 Trust Agreement (Ft 305)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation compensa- tion may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable N. Section 1.01(3) shall be amended to read as follows: "(3) "Evaluator" shall mean First Trust Advisors L.P. and its successors in interest, or any successor evaluator appointed as hereinafter provided." O. Section 2.03(a) of the Standard Terms and Conditions of Trust shall be amended by adding the following sentence after the first sentence of such section: "The number of Units may be increased through a split of the Units or decreased through a reverse split thereof, as directed in writing by the Depositor, at any time when the Depositor is the only beneficial holder of Units, which revised number of Units shall be recorded by the Trustee on its books. The Trustee shall be entitled to rely on the Depositor's direction as certification that no person other than the Depositor has a beneficial interest in the Units and the Trustee shall have no liability to any person for action taken pursuant to this Section 3.23 such direction." P. The following paragraph shall be secured added at the conclusion of Section 6.01: "The Trust may contain securities issued by a prior lien on any Trustee acting hereunder and the Trust except that no Trustee may retain the same in accordance with the terms of this Indenture. The Trustee's duties with respect to such lien securities shall be prior to any lien no different from its duties in favor respect of securities of which it is not the Trustee under the provisions of Section 6.04issuer."

Appears in 1 contract

Samples: Trust Agreement (First Trust Special Situations Trust Ser 140)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the per Unit amount set forth in Part II of the ProspectusTrust Agreement, calculated as specified based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in Section 3.05which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at not time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein."

Appears in 1 contract

Samples: Ft 331 (Ft 331)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificate holder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to Q. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 1 contract

Samples: First Trust Special Situations Trust (First Trust Special Situations Trust Series 189)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth $.0010 times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, in which case the Prospectusfee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), calculated but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, ,or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein.

Appears in 1 contract

Samples: First Trust Special Situations (First Trust Special Situations Trust Series 128)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth $0.0010 times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, in which case the Prospectusfee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), calculated but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this N. Section 3.23 1.01(3) shall be secured by a prior lien on amended to read as follows: "(3) "Evaluator" shall mean FT Evaluators L.P. and its successors in interest, or any successor evaluator appointed as hereinafter provided." O. Section 3.01 of the Standard Terms and Conditions of Trust except that no such lien shall be prior to any lien replaced in favor of its entirety with the Trustee under the provisions of following: "Section 6.043.01.

Appears in 1 contract

Samples: Trust Special Situations (First Trust Special Situations Trust Series 127)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth $0.00010 times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, in which case the Prospectusfee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), calculated but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor for the cost of providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.15, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.15. Any moneys payable to the Depositor pursuant to this Section 3.23 3.15 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable 6.04 herein." (p) All provisions regarding the Distribution Date included in Section 3.05 of Article III of the Standard Terms and Conditions of Trust are hereby amended to change the Distribution Date from the first day of the month following the Record Date to the Depositor pursuant to this Section 3.23 last day of the month in which the Record Date occurs. (q) Article III of the Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.16: "Section 3.16.

Appears in 1 contract

Samples: First Trust Gnma Series 072

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth $0.0010 times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, in which case the Prospectusfee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), calculated but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein.

Appears in 1 contract

Samples: First Trust Special Situations Trust (First Trust Special Situations Trust Ser 139)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to 6.04 herein." U. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 1 contract

Samples: Ft 237 Trust Agreement (Ft 237)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth $0.0010 times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, in which case the Prospectusfee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), calculated but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to K. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 1 contract

Samples: First Trust Special Situations (First Trust Special Situations Trust Series 132)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth $0.0010 times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, in which case the Prospectusfee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), calculated but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein.

Appears in 1 contract

Samples: Trust Agreement (First Trust Special Situations Trust Series 136)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor X. Article III of the Trustee under Standard Terms and Conditions of Trust is hereby amended by adding the provisions of following new Section 6.043.16: "Section 3.16.

Appears in 1 contract

Samples: Ft 300 Trust Agreement (Ft 300)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the Prospectusof $.0019 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at no time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.16, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.16, provided, however, that Zero Coupon Obligations may not be sold to pay for amounts payable pursuant to this Section 3.16. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable J. The Evaluators evaluation fee as set forth in Section 4.03 of the Standard Terms and Conditions of Trust is hereby amended from $20.00 per evaluation to $25.00 per evaluation. K. Section 5.01 of the Standard Terms and Conditions of Trust shall be amended as follows: (i) The fourth sentence of the first paragraph of Section 5.01 shall be amended by deleting the phrase "and (iii)" and adding the following, "(iii) amounts representing unpaid accrued organization costs, and (iv)"; and (ii) The following text shall immediately precede the last sentence of the first paragraph of Section 5.01: "The resulting figure is herein called a "Trust Fund Evaluation." Prior to the payment to the Depositor pursuant of its reimbursable organization costs to be made at the earlier of six months after the Initial Date of Deposit or the conclusion of the primary offering period in accordance with Section 3.10, for purposes of determining the Trust Fund Evaluation under this Section 3.23 5.01, the Trustee shall rely upon the amounts representing unpaid accrued organization costs in the estimated amount per Unit set forth in the Prospectus until such time as the Depositor notifies the Trust in writing of a revised estimated amount per Unit representing unpaid accrued organization costs. Upon receipt of such notice, the Trustee shall use this revised estimated amount per Unit representing unpaid accrued organization costs in determining the Trust Fund Evaluation but such revision of the estimated expenses shall not effect calculations made prior thereto and no adjustment shall be secured by a prior lien on made in respect thereof." L. The second sentence of the Trust except that no such lien second paragraph of Section 8.02 shall be replaced with the following: "Commencing no earlier than nine business days prior to any lien in favor the termination of the Trust, the Trustee under will liquidate the provisions of Section 6.04.Securities during such period and in such daily amounts as the Depositor shall direct, and shall:"

Appears in 1 contract

Samples: Ft 329 Trust Agreement (Ft 329)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that dollar amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable N. The first sentence of Section 3.13. shall be amended to read as follows: "As compensation for providing supervisory portfolio services under this Indenture, the Portfolio Supervisor shall receive, in arrears, against a statement or statements therefor submitted to the Depositor pursuant to Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed the amount set forth under "Summary of Essential Information- Supervisory Fee" in the Prospectus times the number of Units outstanding as of January 1 of such year except for a Trust during the year or years in which an initial offering period as determined in Section 4.01 of this Section 3.23 shall be secured by Indenture occurs, in which case the fee for a prior lien month is based on the Trust except that number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Portfolio Supervisor provides services during less than the whole of such year), but in no event shall such lien shall be prior to any lien in favor compensation when combined with all compensation received from other series of the Trustee under Trust for providing such supervisory services in any calendar year exceed the provisions of Section 6.04aggregate cost to the Portfolio Supervisor for providing such services.

Appears in 1 contract

Samples: Trust Agreement (First Trust Special Situations Trust Ser 138)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to P. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 1 contract

Samples: First Trust Special Situations Trust (First Trust Special Situations Trust Ser 141)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that dollar amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.16, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.16, provided, however, that Zero Coupon Obligations may not be sold to pay for amounts payable pursuant to this Section 3.16. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein.

Appears in 1 contract

Samples: Trust Agreement (First Trust Special Situations Trust Ser 138)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein.

Appears in 1 contract

Samples: First Trust Special Situations (First Trust Special Situations Trust Series 157)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and or other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth $0.14 times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, in which case the Prospectusfee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), calculated but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor of providing such services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.16, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.16. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable (p) All provisions regarding the Distribution Date included in Section 3.05 of Article III of the Standard Terms and Conditions of Trust are hereby amended to change the Distribution Date from the first day of the month following the Record Date to the Depositor pursuant to this last day of the month in which the Record Date occurs. (q) Section 3.23 1.01.(2) shall be secured amended to read as follows: "(2) "Trustee" shall mean The Chase Manhattan Bank (National Association), or any successor trustee appointed as hereinafter provided." All references to United States Trust Company of New York in the Standard Terms and Conditions of Trust shall be amended to refer to The Chase Manhattan Bank (National Association). PART III Notwithstanding any provision to the contrary contained in the Standard Terms and Conditions of Trust and in lieu of the receipt of Certificates evidencing ownership of Units of the Fund, the Sponsor or any Underwriter of the Fund listed under the caption "Underwriting" in the Prospectus, at its option, may elect that Units of the Fund owned by a prior lien it be reflected by book entry on the Trust except that no books and records of the Trustee. For all purposes such lien Sponsor or Underwriter shall be prior to any lien in favor deemed the owner of such Units as if a Certificate evidencing ownership of Units of the Fund had actually been issued by the Trustee. The Units reflected by book entry on the books and records of the Trustee under may be transferable by the provisions registered owner of Section 6.04such Units by written instrument in form satisfactory to the Trustee. The registered owner of Units reflected by book entry on the books and records of the Trustee shall have the right at any time to obtain Certificates evidencing ownership of such Units.

Appears in 1 contract

Samples: Trust Agreement (First Trust Combined Series 257)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus under "Summary of Essential Information" multiplied by the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to 6.04 hereof." R. Article III of the Depositor pursuant to this Section 3.23 Standard Terms and Conditions of Trust is hereby amended by inserting the following paragraph which shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of entitled Section 6.043.15: "Section 3.15.

Appears in 1 contract

Samples: First Trust Special Situations Trust (First Trust Special Situtations Trust Series 170)

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