Conditional Reimbursement. Any waiver or reimbursement by the Advisor pursuant to this Agreement shall be subject to repayment by the Fund on a quarterly basis within the three years following the date on which such expenses were paid or waived, if the Fund is able to make the repayment without exceeding its then-current expense limitation, if any, and the expense limitation that was in effect at the time when the Advisor waived or reimbursed the ordinary operating expenses that are the subject of the repayment. The amount repayable to the Advisor hereunder shall be determined as of the last day of each fiscal quarter for the Fund based on the annualized ordinary operating expenses for the Fund for that fiscal quarter (prior to recording any repayment pursuant to this Section 2 for that fiscal quarter). Any repayment due to the Advisor under this Section 2 shall be made within 30 days of the end of the Fund’s applicable fiscal quarter.
Conditional Reimbursement. The Advisor shall be permitted to recoup in later periods expenses that the Advisor has paid or otherwise borne (whether through reduction of its advisory fee or otherwise), provided total expenses of the Fund, including such recoupment, do not exceed the annual expense limit in effect at the time of such waiver/reimbursement or recoupment. The Advisor shall not be permitted to recoup any such fees or expenses beyond three years from the time such fee was waived or such expense was reimbursed.
Conditional Reimbursement. The Company hereby agrees to reimburse the Advisors in an amount, in the aggregate, equal to the aggregate Expense Support Payments, the repayment of each Expense Support Payment to be made within a period not to exceed three years from the date in which such Expense Support Payment was made by an Advisor. The Company agrees to reimburse the Advisors pro rata based on the total aggregate Expense Support Payments made by each Advisor. In the aggregate, all Expense Support Payment made by the Advisors to the Company that have not been previously reimbursed by the Company to the Advisors shall remain eligible for reimbursement subject to the conditions herein.
Conditional Reimbursement. Deferred Asset Management Fees and Expense Support Payments (collectively referred to hereinafter as “Reimbursable Amounts”) shall be reimbursed by the Corporation to the Advisor subject to the following terms and conditions:
Conditional Reimbursement. Deferred Fixed Component Amounts and Aggregate Deficiency Support Payments (collectively referred to hereinafter as “Reimbursable Amounts”) shall be reimbursed by the Corporation to the Advisor subject to the following terms and conditions:
Conditional Reimbursement. On the date mutually agreed to by the Company and the Adviser for reimbursement of a specified Expense Support Payment (the “Reimbursement Date”), the Company hereby agrees to reimburse the Adviser, as promptly as possible, in an amount equal to such specified Expense Support Payment, provided that (i) the Operating Expense Ratio as of such Reimbursement Date is equal to or less than the Operating Expense Ratio as of the Expense Support Payment Date attributable to such specified Expense Support Payment; (ii) the Annualized Distribution Rate as of such Reimbursement Date is equal to or greater than the Annualized Distribution Rate as of the Expense Support Payment Date attributable to such specified Expense Support Payment; (iii) such specified Expense Support Payment Date is not earlier than three years prior to the Reimbursement Date; and (iv) the Expense Support Payment does not cause the Company’s Net Operating Expenses to exceed 1.5% of the Company’s net assets attributable to common shares (as such term is used in the Registration Statement), after taking such reimbursement into account. The Adviser may waive such reimbursement for certain expenses paid by the Adviser to fund the Company’s distributions. Such waived reimbursement may be subject to repayment in the future, pursuant to the provisions of this Section 2.
Conditional Reimbursement. Any payment made by the Sharing Lender or the Administrative Agent under Section 27.2 shall (whether or not stated to be so subject) be subject to the condition that, if all or any part of the amount paid by the Sharing Lender to the Administrative Agent later has to be repaid by the Sharing Lender to the Borrowers or any other Person, whether under any insolvency law or otherwise, each of the Lenders (other than the Sharing Lender) to which the Administrative Agent distributed any part of the Sharing Lender’s payment shall repay to the Administrative Agent for remittance to the Sharing Lender the amount which the Administrative Agent distributed to that Lender, together with such amount (if any) as is necessary to reimburse the Sharing Lender the appropriate portion of any interest it was obliged to pay on the sum it repaid to the Borrowers or other Person concerned.
Conditional Reimbursement. The Company hereby agrees to reimburse the Advisor in an amount, in the aggregate, equal to the aggregate Expense Support Payments, the repayment of each Expense Support Payment to be made within a period not to exceed three years from the end of the fiscal year in which such Expense Support Payment is made by the Advisor. Reimbursement shall be made as promptly as possible, but only to the extent it does not cause the Company’s Other Operating Expenses to exceed 1.5% of net assets attributable to common shares (as such term is used in the Registration Statement) after taking such payment into account.
Conditional Reimbursement. Subject to the approval of the Company’s board of directors (the “Board”), the Company hereby agrees to reimburse the Adviser (each, a “Reimbursement Payment”) in an amount, in the aggregate, equal to the unreimbursed Expense Support Payments, or such lesser amount as determined appropriate by the Board, following any calendar quarter in which the Board determines that the Company has achieved the Operating Expense Objective described in Section 1 during such calendar quarter. If payable and approved by the Board, the Reimbursement Payment for any calendar quarter shall be paid by the Company to the Adviser no later than ninety (90) days after the end of such calendar quarter.
Conditional Reimbursement. The Company hereby agrees to reimburse the Advisors in an amount, in the aggregate, equal to the aggregate Expense Support Payments, the repayment of each Expense Support Payment to be made within a period not to exceed three years from the end of the fiscal year in respect of which such Expense Support Payment was made by an Advisor; provided that in no event shall any such repayment by the Company (including any such repayment with respect to Prior Expense Support Payments) be required prior to January 1, 2013. The Company agrees to reimburse the Advisors pro rata based on the total aggregate Expense Support Payments made by each Advisor. Reimbursement shall be made as promptly as possible after the conclusion of each fiscal year, but only to the extent such reimbursement does not cause the Company’s Other Operating Expenses (as defined herein) to exceed 1.91% of average net assets attributable to common shares for the most recently completed fiscal year after taking such payment into account. “
