Common use of Charges of Trustee Clause in Contracts

Charges of Trustee. The following charges shall be incurred by any party depositing or withdrawing Securities or by any party Surrendering Receipts or to whom Receipts are Delivered or any Owner, as applicable: (1) taxes and other governmental charges and other fees payable in respect of the Underlying Securities assessed by third-party custodians, depositories, depositary banks or transfer agents in the ordinary course of their respective businesses, (2) a fee of $5.00 or less per 100 Receipts or portion thereof for the execution and Delivery of Receipts pursuant to Section 2.5 and the Surrender of Receipts pursuant to Section 2.7 or 6.2 and (3) an annual fee that will accrue on the first day of each calendar year at a rate of $0.02 or less per Receipt for the Trustee's services under the Depositary Trust Agreement (which fee shall be assessed against Owners of record as of the date or dates set by the Trustee in accordance with Section 4.5 and shall be collected at the Trustee's discretion by deducting such fee from one or more cash dividends or other cash distributions); provided, however, that with respect to the aggregate fee accrued in any calendar year under this clause (3) with respect to each Receipt, the Trustee will forever waive any portion which exceeds the total cash dividends and other cash distributions the record date for which falls in such calendar year and payable with respect to such Receipt. For the avoidance of doubt, cash proceeds that are distributed by the Trustee under Section 4.3, 4.4 or 4.11 are "other cash distributions" within the meaning of clause (3) of this Section 5.6.

Appears in 2 contracts

Samples: Depositary Trust Agreement (Sig Indices LLLP), Depositary Trust Agreement (Sig Indices LLLP)

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Charges of Trustee. The following charges shall be ------------------ incurred by any party depositing or withdrawing Securities or by any party Surrendering Receipts or to whom Receipts are Delivered or any Owner, as applicable: (1) taxes and other governmental charges and other fees payable in respect of the Underlying Securities assessed by third-party custodians, depositories, depositary banks or transfer agents in the ordinary course of their respective businesses, (2) a fee of $5.00 10 or less per 100 Receipts or portion thereof for the execution and Delivery of Receipts pursuant to Section 2.5 2.5, and the Surrender of Receipts pursuant to Section 2.7 or 6.2 2.7, and (3) an annual a fee that will which shall accrue on the first day of each calendar year quarter at a rate of $0.02 .02 or less per Receipt per quarter for the Trustee's services as such under the Depositary Trust Agreement (which fee shall be assessed against Owners of record as of the date or dates set by the Trustee in accordance with Section 4.5 and shall be collected at the Trustee's discretion by deducting such fee from one or more cash dividends or other cash distributions); provided, however, that with respect to the aggregate fee -------- ------- accrued in any calendar year under this clause (3) with respect to each Receipt, the Trustee will forever waive any that portion which exceeds the total cash dividends and other cash distributions the record date for which falls in such calendar year and payable with respect to such Receipt. For the avoidance of doubt, cash proceeds that are distributed by the Trustee under Section 4.3, 4.4 or 4.11 are "other cash distributions" within the meaning of clause (3) of this Section 5.6.

Appears in 2 contracts

Samples: Trust Agreement (Merrill Lynch Pierce Fenner & Smith Inc), Trust Agreement (Merrill Lynch Pierce Fenner & Smith Inc)

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