Common use of Conditions of Trust Clause in Contracts

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as determined in Section 4.01 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 Evaluator provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as determined in Section 4.01 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 Trustee provides services during less than the whole of such year). However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31, 1998. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II

Appears in 2 contracts

Samples: Ft 290 Trust Agreement (Ft 290), Ft 288 Trust Agreement (Ft 288)

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Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 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 Trustee provides services during less than the whole of such year)3.05. However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December October 31, 19981997. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART IIIII A. 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. B. Section 1.01(26) shall be added to read as follows: "(26) The term "Rollover Unit holder" shall be defined as set forth in Section 5.05, herein." C. Section 1.01(27) shall be added to read as follows: "(27) The "Rollover Notification Date" shall be defined as set forth in the Prospectus under "Summary of Essential Information." D. Section 1.01(28) shall be added to read as follows: "(28) The term "Rollover Distribution" shall be defined as set forth in Section 5.05, herein." E. Section 1.01(29) shall be added to read as follows: "(29) The term "Distribution Agent" shall refer to the Trustee acting in its capacity as distribution agent pursuant to Section 5.02 herein." F. Section 1.01(30) shall be added to read as follows: "(30) The term "Special Redemption and Liquidation Period" shall be as set forth in the Prospectus under "Summary of Essential Information." G. The term "Capital Account" as set forth in the Prospectus shall be deemed to refer to the "Principal Account." H. Paragraph (b) of Section 2.01 shall be restated in its entirety as follows: (b)(1)From time to time following the Initial Date of Deposit, the Depositor is hereby authorized, in its discretion, to assign, convey to and deposit with the Trustee (i) additional Securities, duly endorsed in blank or accompanied by all necessary instruments of assignment and transfer in proper form, (ii) Contract Obligations relating to such additional Securities, accompanied by cash and/or Letter(s) of Credit as specified in paragraph (c) of this Section 2.01, or (iii) cash (or a Letter of Credit in lieu of cash) with instructions to purchase additional Securities, in an amount equal to the portion of the Unit Value of the Units created by such deposit attributable to the Securities to be purchased pursuant to such instructions. Except as provided in the following subparagraphs (2), (3) and (4) the Depositor, in each case, shall ensure that each deposit of additional Securities pursuant to this Section shall maintain, as nearly as practicable, the Percentage Ratio. Each such deposit of additional Securities shall be made pursuant to a Notice of Deposit of Additional Securities delivered by the Depositor to the Trustee. Instructions to purchase additional Securities shall be in writing, and shall specify the name of the Security, CUSIP number, if any, aggregate amount, price or price range and date to be purchased. When requested by the Trustee, the Depositor shall act as broker to execute purchases in accordance with such instructions; the Depositor shall be entitled to compensation therefor in accordance with applicable law and regulations. The Trustee shall have no liability for any loss or depreciation resulting from any purchase made pursuant to the Depositor's instructions or made by the Depositor as broker. (2) Additional Securities (or Contract Obligations therefor) may, at the Depositor's discretion, be deposited or purchased in round lots. If the amount of the deposit is insufficient to acquire round lots of each Security to be acquired, the additional Securities shall be deposited or purchased in the order of the Security in the Trust most under-represented immediately before the deposit with respect to the Percentage Ratio. (3) If at the time of a deposit of additional Securities, Securities of an issue deposited on the Initial Date of Deposit (or of an issue of Replacement Securities acquired to replace an issue deposited on the Initial Date of Deposit) are unavailable, cannot be purchased at reasonable prices or their purchase is prohibited or restricted by applicable law, regulation or policies, the Depositor may (i) deposit, or instruct the Trustee to purchase, in lieu thereof, another issue of Securities or Replacement Securities or (ii) deposit cash or a letter of credit in an amount equal to the valuation of the issue of Securities whose acquisition is not feasible with instructions to acquire such Securities of such issue when they become available. (4) Any contrary authorization in the preceding subparagraphs (1) through (3) notwithstanding, deposits of additional Securities made after the 90-day period immediately following the Initial Date of Deposit (except for deposits made to replace Failed Contract Obligations if such deposits occur with 20 days from the date of a failure occurring within such initial 90-day period) shall maintain exactly the Percentage Ratio existing immediately prior to such deposit. (5) In connection with and at the time of any deposit of additional Securities pursuant to this Section 2.01(b), the Depositor shall exactly replicate Cash (as defined below) received or receivable by the Trust as of the date of such deposit. For purposes of this paragraph, "Cash" means, as to the Capital Account, cash or other property (other than Securities) on hand in the Capital Account or receivable and to be credited to the Capital Account as of the date of the deposit (other than amounts to be distributed solely to persons other than holders of Units created by the deposit) and, as to the Income Account, cash or other property (other than Securities) received by the Trust as of the date of the deposit or receivable by the Trust in respect of a record date for a payment on a Security which has occurred or will occur before the Trust will be the holder of record of a Security, reduced by the amount of any cash or other property received or receivable on any Security allocable (in accordance with the Trustee's calculations of distributions from the Income Account pursuant to Section 3.05) to a distribution made or to be made in respect of a Record Date occurring prior to the deposit. Such replication will be made on the basis of a fraction, the numerator of which is the number of Units created by the deposit and the denominator of which is the number of Units which are outstanding immediately prior to the deposit. Cash represented by a foreign currency shall be replicated in such currency or, if the Trustee has entered into a contract for the conversion thereof, in U.S. dollars in an amount replicating the dollars to be received on such conversion." I. Section 2.01(c) of the Standard Terms and Conditions of Trust is hereby amended by adding the following at the conclusion thereof: "If any Contract Obligation requires settlement in a foreign currency, in connection with the deposit of such Contract Obligation the Depositor will deposit with the Trustee either an amount of such currency sufficient to settle the contract or a foreign exchange contract in such amount which settles concurrently with the settlement of the Contract Obligation and cash or a Letter of Credit in U.S. dollars sufficient to perform such foreign exchange contact."

Appears in 1 contract

Samples: Ft 211 Trust Agreement (Ft 211)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary Rights of Essential Information.Unitholders - How are Income and Capital Distributed?" E. The Distribution Date shall be as set forth in the Prospectus under "Summary Rights of Essential Information.Unitholders - How are Income and Capital Distributed?" F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as determined in Section 4.01 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 Trustee provides services during less than the whole of such year). However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31May 15, 1998. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II

Appears in 1 contract

Samples: Ft 254 Trust Agreement (Ft 254)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as determined in Section 4.01 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 Trustee provides services during less than the whole of such year). However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31October 30, 1998. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II

Appears in 1 contract

Samples: Ft 279 Trust Agreement (Ft 279)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." Deposit: 10% AT&T Corporation, 10% Chevron Corporation, 10% E.I. du Pont de Nemours & Company, 10% Xxxxxxx Kodak Company, 10% Exxon Corporation, 10% General Motors Corporation, 10% International Paper Company, 10% Minnesota Mining & Manufacturing Company, 10% X.X. Xxxxxx & Company, Inc, 10% Xxxxxx Xxxxxx Companies, Inc. D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $.0025 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $.0065 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 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 Trustee provides services during less than the whole of such year)3.05. However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31July 1, 19981997. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART IIII SPECIAL TERMS AND CONDITIONS OF TRUST FOR TARGET 25 TRUST, JULY 1997 SERIES ("TARGET 25 TRUST") The following special terms and conditions are hereby agreed to: A. The Securities initially deposited in the Trust pursuant to Section 2.01 of the Standard Terms and Conditions of Trust are set forth in the Schedules hereto. B. (1) The aggregate number of Units outstanding for the Trust on the Initial Date of Deposit is 14,958 Units. (2) The initial fractional undivided interest in and ownership of the Trust represented by each Unit thereof shall be 1/14,958. Documents representing this number of Units for the Trust are being delivered by the Trustee to the Depositor pursuant to Section 2.03 of the Standard Terms and Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit: 4% AMP, Inc. 4% ASARCO Incorporated, 4% Allegheny Teledyne, Inc., 4% Xxxxxx Industries, Inc., 4% Xxxx Corporation, 4% Dow Xxxxx & Company, Inc., 4% Echlin Inc., 4% Federal Signal Corporation, 4% Flowers Industries, Inc., 4% The BFGoodrich Company, 4% H&R Block, Inc., 4% Heinz (H.J.) Company, 4% Xxxxxxx, Inc. (Class B), 4% Xxxxxxxx Xxxxxx, Xxx., 0%, Xxxxxxxxx-Xxxxxxx Corporation, 4% The Lubrizol Corporation, 4% The May Department Stores Company, 4% Xxxxxxxx Energy & Development Corp. (Class B), 4% Nalco Chemical Company, 4% National Service Industries, 4% The Quaker Oats Company, 4% Springs Industries, Inc., 4% USX-Marathon Group, 4% Whirlpool Corp., 4% Xxxx- Xxxxx Stores, Inc.

Appears in 1 contract

Samples: First Trust Special Situations Trust (First Trust Special Situations Trust Series 197)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary Rights of Essential Information.Unitholders - How are Income and Capital Distributed?" E. The Distribution Date shall be as set forth in the Prospectus under "Summary Rights of Essential Information.Unitholders - How are Income and Capital Distributed?" F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as determined in Section 4.01 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 Trustee provides services during less than the whole of such year). However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31May 15, 1998. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART IIIII A. Notwithstanding anything to the contrary in the Standard Terms and Conditions of Trust, references to subsequent Series established after the date of effectiveness of the First Trust Special Situations Trust, Series 24 shall include FT 254. B. Notwithstanding anything to the contrary in the Prospectus, parties to the trust agreement are hereby advised: The Trusts are not sponsored, endorsed, sold or promoted by Dow Xxxxx & Company, Inc. ("Dow Xxxxx"). Dow Xxxxx makes no representation or warranty, express or implied, to the owners of the Trusts or any member of the public regarding the advisability of investing in securities generally or in the Trusts particularly. Dow Xxxxx' only relationship to the Sponsor is the licensing of certain trademarks, trade names and service marks of Dow Xxxxx and of the Dow Xxxxx Industrial AverageSM , which is determined, composed and calculated by Dow Xxxxx without regard to the Sponsor or the Trusts. Dow Xxxxx has no obligation to take the needs of the Sponsor or the owners of the Trusts into consideration in determining, composing or calculating to Dow Xxxxx Industrial AverageSM. Dow Xxxxx is not responsible for and has not participated in the determination of the timing of, prices at, or quantities of the Trusts to be issued or in the determination or calculation of the equation by which the Trusts are to be converted into cash. Dow Xxxxx has no obligation or liability in connection with the administration, marketing or trading of the Trusts. DOW XXXXX DOES NOT GUARANTEE THE ACCURACY AND/OR THE COMPLETENESS OF THE DOW XXXXX INDUSTRIAL AVERAGESM OR ANY DATA INCLUDED THEREIN AND DOW XXXXX SHALL HAVE NO LIABILITY FOR ANY ERRORS, OMISSIONS, OR INTERRUPTIONS THEREIN. DOW XXXXX MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO RESULTS TO BE OBTAINED BY THE SPONSOR, OWNERS OF THE TRUSTS, OR ANY OTHER PERSON OR ENTITY FROM THE USE OF THE DOW XXXXX INDUSTRIAL AVERAGESM OR ANY DATA INCLUDED THEREIN. DOW XXXXX MAKES NO EXPRESS OR IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE DOW XXXXX INDUSTRIAL AVERAGESM OR ANY DATA INCLUDED THEREIN. WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT SHALL DOW XXXXX HAVE ANY LIABILITY FOR ANY LOST PROFITS OR INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF NOTIFIED OF THE POSSIBILITY THEREOF. C. The term "Capital Account" as set forth in the Prospectus shall be deemed to refer to the "Principal Account." D. 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. E. 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." F. Section 1.01(4) shall be amended to read as follows: "(4) "Portfolio Supervisor" shall mean First Trust Advisors L.P. and its successors in interest, or any successor portfolio supervisor appointed as hereinafter provided." G. Section 1.01(26) shall be added to read as follows: "(26) The term "Rollover Unit holder" shall be defined as set forth in Section 5.05, herein." H. Section 1.01(27) shall be added to read as follows: "(27) The "Rollover Notification Date" shall be defined as set forth in the Prospectus under "Summary of Essential Information." I. Section 1.01(28) shall be added to read as follows: "(28) The term "Rollover Distribution" shall be defined as set forth in Section 5.05, herein." J. Section 1.01(29) shall be added to read as follows: "(29) The term "Distribution Agent" shall refer to the Trustee acting in its capacity as distribution agent pursuant to Section 5.02 herein." K. Section 1.01(30) shall be added to read as follows: "(30) The term "Special Redemption and Liquidation Period" shall be as set forth in the Prospectus under "Summary of Essential Information." L. Paragraph (b) of Section 2.01 shall be restated in its entirety as follows: (b)(1)From time to time following the Initial Date of Deposit, the Depositor is hereby authorized, in its discretion, to assign, convey to and deposit with the Trustee, or facilitate the assignment, conveyance or deposit with the Trustee of, (i) additional Securities, duly endorsed in blank or accompanied by all necessary instruments of assignment and transfer in proper form, (ii) Contract Obligations relating to such additional Securities, accompanied by cash and/or Letter(s) of Credit as specified in paragraph (c) of this Section 2.01, or (iii) cash (or a Letter of Credit in lieu of cash) with instructions to purchase additional Securities, in an amount equal to the portion of the Unit Value of the Units created by such deposit attributable to the Securities to be purchased pursuant to such instructions. Except as provided in the following subparagraphs (2), (3) and (4) the Depositor, in each case, shall ensure that each deposit of additional Securities pursuant to this Section shall maintain, as nearly as practicable, the Percentage Ratio. Each such deposit of additional Securities shall be made pursuant to a Notice of Deposit of Additional Securities delivered by the Depositor to the Trustee. Instructions to purchase additional Securities shall be in writing, and shall specify the name of the Security, CUSIP number, if any, aggregate amount, price or price range and date to be purchased. When requested by the Trustee, the Depositor shall act as broker to execute purchases in accordance with such instructions; the Depositor shall be entitled to compensation therefor in accordance with applicable law and regulations. The Trustee shall have no liability for any loss or depreciation resulting from any purchase made pursuant to the Depositor's instructions or made by the Depositor as broker. (2) Additional Securities (or Contract Obligations therefor) may, at the Depositor's discretion, be deposited or purchased in round lots. If the amount of the deposit is insufficient to acquire round lots of each Security to be acquired, the additional Securities shall be deposited or purchased in the order of the Security in the Trust most under-represented immediately before the deposit with respect to the Percentage Ratio. (3) If at the time of a deposit of additional Securities, Securities of an issue deposited on the Initial Date of Deposit (or of an issue of Replacement Securities acquired to replace an issue deposited on the Initial Date of Deposit) are unavailable, cannot be purchased at reasonable prices or their purchase is prohibited or restricted by applicable law, regulation or policies, the Depositor may (i) deposit, or instruct the Trustee to purchase, in lieu thereof, another issue of Securities or Replacement Securities or (ii) deposit cash or a letter of credit in an amount equal to the valuation of the issue of Securities whose acquisition is not feasible with instructions to acquire such Securities of such issue when they become available. (4) Any contrary authorization in the preceding subparagraphs (1) through (3) notwithstanding, deposits of additional Securities made after the 90-day period immediately following the Initial Date of Deposit (except for deposits made to replace Failed Contract Obligations if such deposits occur within 20 days from the date of a failure occurring within such initial 90-day period) shall maintain exactly the Percentage Ratio existing immediately prior to such deposit. (5) In connection with and at the time of any deposit of additional Securities pursuant to this Section 2.01(b), any such deposit shall exactly replicate Cash (as defined below) received or receivable by the Trust as of the date of such deposit. For purposes of this paragraph, "Cash" means, as to the Capital Account, cash or other property (other than Securities) on hand in the Capital Account or receivable and to be credited to the Capital Account as of the date of the deposit (other than amounts to be distributed solely to persons other than holders of Units created by the deposit) and, as to the Income Account, cash or other property (other than Securities) received by the Trust as of the date of the deposit or receivable by the Trust in respect of a record date for a payment on a Security which has occurred or will occur before the Trust will be the holder of record of a Security, reduced by the amount of any cash or other property received or receivable on any Security allocable (in accordance with the Trustee's calculations of distributions from the Income Account pursuant to Section 3.05) to a distribution made or to be made in respect of a Record Date occurring prior to the deposit. Such replication will be made on the basis of a fraction, the numerator of which is the number of Units created by the deposit and the denominator of which is the number of Units which are outstanding immediately prior to the deposit. Cash represented by a foreign currency shall be replicated in such currency or, if the Trustee has entered into a contract for the conversion thereof, in U.S. dollars in an amount replicating the dollars to be received on such conversion." M. 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 for any Letter(s) of Credit deposited with the Trustee in connection with the deposits described in Section 2.01(a) and (b) cash in an amount sufficient to satisfy the obligations to which the Letter(s) of Credit relates. Any substituted Letter(s) of Credit shall be released by the Trustee."

Appears in 1 contract

Samples: Ft 254 Trust Agreement (Ft 254)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as determined in Section 4.01 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 Trustee provides services during less than the whole of such year). However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December August 31, 1998. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II

Appears in 1 contract

Samples: Ft 265 Trust Agreement (Ft 265)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as determined in Section 4.01 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 Trustee provides services during less than the whole of such year). However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31February 27, 1998. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II

Appears in 1 contract

Samples: Ft 235 Trust Agreement (Ft 235)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." Deposit: 20% AT&T Corporation, 20% Chevron Corporation, 20% General Motors Corporation, 20% International Paper Company, 20% Minnesota Mining & Manufacturing Company D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $.0025 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $.0085 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 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 Trustee provides services during less than the whole of such year)3.05. However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31February 3, 19981997. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II

Appears in 1 contract

Samples: First Trust Special Situations (First Trust Special Situations Trust Series 181)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." Deposit: 20% AT&T Corporation, 20% Chevron Corporation, 20% General Motors Corporation, 20% International Paper Company, 20% Minnesota Mining & Manufacturing Company. D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $.0025 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $.0085 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 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 Trustee provides services during less than the whole of such year)3.05. However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 312, 19981996. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II

Appears in 1 contract

Samples: First Trust Special Situations Trust (First Trust Special Situations Trust Series 173)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 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 Trustee provides services during less than the whole of such year)3.05. However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31, 19981997. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART IIII SPECIAL

Appears in 1 contract

Samples: Ft 227 Trust Agreement (Ft 227)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." Deposit: 10% AT&T Corporation, 10% Chevron Corporation, 10% E.I. du Pont de Nemours & Company, 10% Exxon Corporation, 10% General Motors Corporation, 10% International Paper Company, 10% Minnesota Mining & Manufacturing Company, 10% X.X. Xxxxxx & Company, Inc., 10% Xxxxxx Xxxxxx Companies, Inc., 10% Texaco, Inc. D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $.0025 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $.0085 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 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 Trustee provides services during less than the whole of such year)3.05. However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 312, 19981996. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II

Appears in 1 contract

Samples: First Trust Special Situations Trust (First Trust Special Situations Trust Series 173)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as determined in Section 4.01 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 Trustee provides services during less than the whole of such year). However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31October 30, 1998. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II SPECIAL TERMS AND CONDITIONS OF TRUST FOR TARGET 25 TRUST, NOVEMBER 1998 SERIES ("TARGET 25 TRUST") The following special terms and conditions are hereby agreed to: A. The Securities initially deposited in the Trust pursuant to Section 2.01 of the Standard Terms and Conditions of Trust are set forth in the Schedules hereto. B. (1) The aggregate number of Units outstanding for the Trust on the Initial Date of Deposit and the initial fractional undivided interest in and ownership of the Trust represented by each Unit thereof are set forth in the Prospectus in the section "Summary of Essential Information." Documents representing this number of Units for the Trust are being delivered by the Trustee to the Depositor pursuant to Section 2.03 of the Standard Terms and Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during each period in respect of which a payment is made pursuant to Section 3.05, payable on a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as determined in Section 4.01 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 Trustee provides services during less than the whole of such year). However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is October 30, 1998. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II

Appears in 1 contract

Samples: Ft 279 Trust Agreement (Ft 279)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 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 Trustee provides services during less than the whole of such year)3.05. However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31October 1, 19981997. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II

Appears in 1 contract

Samples: Ft 208 Trust Agreement (Ft 208)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as determined in Section 4.01 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 Trustee provides services during less than the whole of such year). However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31June 30, 1998. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II

Appears in 1 contract

Samples: Ft 252 Trust Agreement (Ft 252)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." Deposit: 20% AT&T Corporation, 20% Exxon Corporation, 20% General Motors Corporation, 20% International Paper Company, 20% Xxxxxx Xxxxxx Companies, Inc. D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $.0025 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $.0065 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 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 Trustee provides services during less than the whole of such year)3.05. However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31August 1, 19981997. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II

Appears in 1 contract

Samples: Trust Agreement (First Trust Special Situations Trust Series 203)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." Deposit: 10% AT&T Corporation, 10% Chevron Corporation, 10% E.I. du Pont de Nemours & Company, 10% Xxxxxxx Kodak Company, 10% Exxon Corporation, 10% General Motors Corporation, 10% Merck & Company, Inc., 10% Minnesota Mining & Manufacturing Company, 10% X.X. Xxxxxx & Company, Inc., 10% Xxxxxx Xxxxxx Companies, Inc. D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $ per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Compensation, including administrative fees, Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $.0075 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 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 Trustee provides services during less than the whole of such year)3.05. However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31August 18, 19981997. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART IIIII A. 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. B. Section 1.01(26) shall be added to read as follows: "(26) The term "Rollover Unit holder" shall be defined as set forth in Section 5.05, herein." C. Section 1.01(27) shall be added to read as follows: "(27) The "Rollover Notification Date" shall be defined as set forth in the Prospectus under "Summary of Essential Information." D. Section 1.01(28) shall be added to read as follows: "(28) The term "Rollover Distribution" shall be defined as set forth in Section 5.05, herein." E. Section 1.01(29) shall be added to read as follows: "(29) The term "Distribution Agent" shall refer to the Trustee acting in its capacity as distribution agent pursuant to Section 5.02 herein." F. Section 1.01(30) shall be added to read as follows: "(30) The term "Special Redemption and Liquidation Period" shall be as set forth in the Prospectus under "Summary of Essential Information." G. The term "Capital Account" as set forth in the Prospectus shall be deemed to refer to the "Principal Account." H. Paragraph (b) of Section 2.01 shall be restated in its entirety as follows: (b)(1)From time to time following the Initial Date of Deposit, the Depositor is hereby authorized, in its discretion, to assign, convey to and deposit with the Trustee (i) additional Securities, duly endorsed in blank or accompanied by all necessary instruments of assignment and transfer in proper form, (ii) Contract Obligations relating to such additional Securities, accompanied by cash and/or Letter(s) of Credit as specified in paragraph (c) of this Section 2.01, or (iii) cash (or a Letter of Credit in lieu of cash) with instructions to purchase additional Securities, in an amount equal to the portion of the Unit Value of the Units created by such deposit attributable to the Securities to be purchased pursuant to such instructions. Except as provided in the following subparagraphs (2), (3) and (4) the Depositor, in each case, shall ensure that each deposit of additional Securities pursuant to this Section shall maintain, as nearly as practicable, the Percentage Ratio. Each such deposit of additional Securities shall be made pursuant to a Notice of Deposit of Additional Securities delivered by the Depositor to the Trustee. Instructions to purchase additional Securities shall be in writing, and shall specify the name of the Security, CUSIP number, if any, aggregate amount, price or price range and date to be purchased. When requested by the Trustee, the Depositor shall act as broker to execute purchases in accordance with such instructions; the Depositor shall be entitled to compensation therefor in accordance with applicable law and regulations. The Trustee shall have no liability for any loss or depreciation resulting from any purchase made pursuant to the Depositor's instructions or made by the Depositor as broker. (2) Additional Securities (or Contract Obligations therefor) may, at the Depositor's discretion, be deposited or purchased in round lots. If the amount of the deposit is insufficient to acquire round lots of each Security to be acquired, the additional Securities shall be deposited or purchased in the order of the Security in the Trust most under-represented immediately before the deposit with respect to the Percentage Ratio. (3) If at the time of a deposit of additional Securities, Securities of an issue deposited on the Initial Date of Deposit (or of an issue of Replacement Securities acquired to replace an issue deposited on the Initial Date of Deposit) are unavailable, cannot be purchased at reasonable prices or their purchase is prohibited or restricted by applicable law, regulation or policies, the Depositor may (i) deposit, or instruct the Trustee to purchase, in lieu thereof, another issue of Securities or Replacement Securities or (ii) deposit cash or a letter of credit in an amount equal to the valuation of the issue of Securities whose acquisition is not feasible with instructions to acquire such Securities of such issue when they become available. (4) Any contrary authorization in the preceding subparagraphs (1) through (3) notwithstanding, deposits of additional Securities made after the 90-day period immediately following the Initial Date of Deposit (except for deposits made to replace Failed Contract Obligations if such deposits occur with 20 days from the date of a failure occurring within such initial 90-day period) shall maintain exactly the Percentage Ratio existing immediately prior to such deposit. (5) In connection with and at the time of any deposit of additional Securities pursuant to this Section 2.01(b), the Depositor shall exactly replicate Cash (as defined below) received or receivable by the Trust as of the date of such deposit. For purposes of this paragraph, "Cash" means, as to the Capital Account, cash or other property (other than Securities) on hand in the Capital Account or receivable and to be credited to the Capital Account as of the date of the deposit (other than amounts to be distributed solely to persons other than holders of Units created by the deposit) and, as to the Income Account, cash or other property (other than Securities) received by the Trust as of the date of the deposit or receivable by the Trust in respect of a record date for a payment on a Security which has occurred or will occur before the Trust will be the holder of record of a Security, reduced by the amount of any cash or other property received or receivable on any Security allocable (in accordance with the Trustee's calculations of distributions from the Income Account pursuant to Section 3.05) to a distribution made or to be made in respect of a Record Date occurring prior to the deposit. Such replication will be made on the basis of a fraction, the numerator of which is the number of Units created by the deposit and the denominator of which is the number of Units which are outstanding immediately prior to the deposit". I. The second paragraph of Section 3.02 of the Standard Terms and Conditions is hereby deleted and replaced with the following sentence: "Any non-cash distributions (other than a non-taxable distribution of the shares of the distributing corporation which shall be retained by a Trust) received by a Trust shall be dealt with in the manner described at Section 3.11, herein, and shall be retained or disposed of by such Trust according to those provisions. The proceeds of any disposition shall be credited to the Income Account of a Trust. Neither the Trustee nor the Depositor shall be liable or responsible in any way for depreciation or loss incurred by reason of any such sale."

Appears in 1 contract

Samples: First Trust Special Situations Trust (First Trust Special Situations Trust Series 214)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 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 Trustee provides services during less than the whole of such year)3.05. However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31January 30, 1998. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART IIII SPECIAL

Appears in 1 contract

Samples: Ft 228 Trust Agreement (Ft 228)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." Deposit: 20% AT&T Corporation, 20% Chevron Corporation, 20% General Motors Corporation, 20% International Paper Company, 20% Minnesota Mining & Manufacturing Company. D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $.0025 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $.0085 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 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 Trustee provides services during less than the whole of such year)3.05. However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31November 1, 19981996. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II

Appears in 1 contract

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

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 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 Trustee provides services during less than the whole of such year)3.05. However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December October 31, 19981997. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART IIII SPECIAL TERMS AND CONDITIONS OF TRUST FOR TARGET 25 TRUST, NOVEMBER 1997 SERIES ("TARGET 25 TRUST") The following special terms and conditions are hereby agreed to: A. The Securities initially deposited in the Trust pursuant to Section 2.01 of the Standard Terms and Conditions of Trust are set forth in the Schedules hereto. B. (1) The aggregate number of Units outstanding for the Trust on the Initial Date of Deposit and the initial fractional undivided interest in and ownership of the Trust represented by each Unit thereof are set forth in the Prospectus in the section "Summary of Essential Information." Documents representing this number of Units for the Trust are being delivered by the Trustee to the Depositor pursuant to Section 2.03 of the Standard Terms and

Appears in 1 contract

Samples: Ft 211 Trust Agreement (Ft 211)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." Deposit: 10% AT&T Corporation, 10% Chevron Corporation, 10% E.I. du Pont de Nemours & Company, 10% Exxon Corporation, 10% General Motors Corporation, 10% International Paper Company, 10% Minnesota Mining & Manufacturing Company, 10% X.X. Xxxxxx & Company, Inc., 10% Xxxxxx Xxxxxx Companies, Inc., 10% Texaco, Inc. D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $.0025 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $.0085 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 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 Trustee provides services during less than the whole of such year)3.05. However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31November 1, 19981996. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II

Appears in 1 contract

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

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 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 Trustee provides services during less than the whole of such year)3.05. However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31January 30, 1998. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II

Appears in 1 contract

Samples: Ft 228 Trust Agreement (Ft 228)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as determined in Section 4.01 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 Trustee provides services during less than the whole of such year). However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December July 31, 1998. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART IIII SPECIAL TERMS AND CONDITIONS OF TRUST FOR THE DOW(sm) TARGET 10 TRUST, AUGUST 1998 SERIES ("TARGET 10 TRUST") The following special terms and conditions are hereby agreed to: A. The Securities initially deposited in the Trust pursuant to Section 2.01 of the Standard Terms and Conditions of Trust are set forth in the Schedules hereto. B. (1) The aggregate number of Units outstanding for the Trust on the Initial Date of Deposit and the initial fractional undivided interest in and ownership of the Trust represented by each Unit thereof are set forth in the Prospectus in the section "Summary of Essential Information." Documents representing this number of Units for the Trust are being delivered by the Trustee to the Depositor pursuant to Section 2.03 of the Standard Terms and Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during each period in respect of which a payment is made pursuant to Section 3.05, payable on a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as determined in Section 4.01 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 Trustee provides services during less than the whole of such year). However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is July 31, 1998. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II SPECIAL TERMS AND CONDITIONS OF TRUST FOR TARGET 25 TRUST, AUGUST 1998 SERIES ("TARGET 25 TRUST") The following special terms and conditions are hereby agreed to: A. The Securities initially deposited in the Trust pursuant to Section 2.01 of the Standard Terms and Conditions of Trust are set forth in the Schedules hereto. B. (1) The aggregate number of Units outstanding for the Trust on the Initial Date of Deposit and the initial fractional undivided interest in and ownership of the Trust represented by each Unit thereof are set forth in the Prospectus in the section "Summary of Essential Information." Documents representing this number of Units for the Trust are being delivered by the Trustee to the Depositor pursuant to Section 2.03 of the Standard Terms and

Appears in 1 contract

Samples: Ft 256 Trust Agreement (Ft 256)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as determined in Section 4.01 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 Trustee provides services during less than the whole of such year). However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December July 31, 1998. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II

Appears in 1 contract

Samples: Ft 256 Trust Agreement (Ft 256)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as determined in Section 4.01 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 Evaluator provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as determined in Section 4.01 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 Trustee provides services during less than the whole of such year). However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31November 30, 1998. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART IIII SPECIAL TERMS AND CONDITIONS OF TRUST FOR TARGET 25 TRUST, DECEMBER 1998 SERIES ("TARGET 25 TRUST") The following special terms and conditions are hereby agreed to: A. The Securities initially deposited in the Trust pursuant to Section 2.01 of the Standard Terms and Conditions of Trust are set forth in the Schedules hereto. B. (1) The aggregate number of Units outstanding for the Trust on the Initial Date of Deposit and the initial fractional undivided interest in and ownership of the Trust represented by each Unit thereof are set forth in the Prospectus in the section "Summary of Essential Information." Documents representing this number of Units for the Trust are being delivered by the Trustee to the Depositor pursuant to Section 2.03 of the Standard Terms and

Appears in 1 contract

Samples: Ft 285 Trust Agreement (Ft 285)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as determined in Section 4.01 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 Trustee provides services during less than the whole of such year). However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31February 27, 1998. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART IIII SPECIAL

Appears in 1 contract

Samples: Ft 235 Trust Agreement (Ft 235)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." Deposit: 10% AT&T Corporation, 10% Chevron Corporation, 10% E.I. du Pont de Nemours & Company, 10% Exxon Corporation, 10% General Motors Corporation, 10% International Paper Company, 10% Minnesota Mining & Manufacturing Company, 10% X.X. Xxxxxx & Company, Inc., 10% Xxxxxx Xxxxxx Companies, Inc., 10% Texaco, Inc. D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $.0025 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $.0085 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 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 Trustee provides services during less than the whole of such year)3.05. However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31March 3, 19981997. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II

Appears in 1 contract

Samples: First Trust Special Situations (First Trust Special Situations Trust Series 183)

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Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." Deposit: 10% AT&T Corporation, 10% Chevron Corporation, 10% E.I. du Pont de Nemours & Company, 10% Xxxxxxx Kodak Company, 10% Exxon Corporation, 10% General Motors Corporation, 10% International Paper Company, 10% Minnesota Mining & Manufacturing Company, 10% X.X. Xxxxxx & Company, Inc., 10% Xxxxxx Xxxxxx Companies, Inc. D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $.0025 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $.0087 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 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 Trustee provides services during less than the whole of such year)3.05. However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31April 1, 19981997. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II

Appears in 1 contract

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

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." Deposit: 10% AT&T Corporation, 10% Chevron Corporation, 10% E.I. du Pont de Nemours & Company, 10% Exxon Corporation, 10% General Motors Corporation, 10% Goodyear Tire & Rubber Company, 10% International Paper Company, 10% Minnesota Mining & Manufacturing Company, 10% X.X. Xxxxxx & Company, Inc., 10% Xxxxxx Xxxxxx Companies, Inc. D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $.0025 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $.0065 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 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 Trustee provides services during less than the whole of such year)3.05. However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31May 1, 19981997. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II

Appears in 1 contract

Samples: First Trust Special Situations Trust (First Trust Special Situations Trust Series 191)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 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 Trustee provides services during less than the whole of such year)3.05. However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31November 28, 19981997. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART IIII SPECIAL TERMS AND CONDITIONS OF TRUST FOR TARGET 25 TRUST, DECEMBER 1997 SERIES ("TARGET 25 TRUST") The following special terms and conditions are hereby agreed to: A. The Securities initially deposited in the Trust pursuant to Section 2.01 of the Standard Terms and Conditions of Trust are set forth in the Schedules hereto. B. (1) The aggregate number of Units outstanding for the Trust on the Initial Date of Deposit and the initial fractional undivided interest in and ownership of the Trust represented by each Unit thereof are set forth in the Prospectus in the section "Summary of Essential Information." Documents representing this number of Units for the Trust are being delivered by the Trustee to the Depositor pursuant to Section 2.03 of the Standard Terms and

Appears in 1 contract

Samples: Ft 216 Trust Agreement (Ft 216)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 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 Trustee provides services during less than the whole of such year)3.05. However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31, 19981997. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II

Appears in 1 contract

Samples: Ft 227 Trust Agreement (Ft 227)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as determined in Section 4.01 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 Trustee provides services during less than the whole of such year). However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31September 30, 1998. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II SPECIAL TERMS AND CONDITIONS OF TRUST FOR THE DOW(sm) TARGET 10 TRUST, OCTOBER 1998 SERIES ("TARGET 10 TRUST") The following special terms and conditions are hereby agreed to: A. The Securities initially deposited in the Trust pursuant to Section 2.01 of the Standard Terms and Conditions of Trust are set forth in the Schedules hereto. B. (1) The aggregate number of Units outstanding for the Trust on the Initial Date of Deposit and the initial fractional undivided interest in and ownership of the Trust represented by each Unit thereof are set forth in the Prospectus in the section "Summary of Essential Information." Documents representing this number of Units for the Trust are being delivered by the Trustee to the Depositor pursuant to Section 2.03 of the Standard Terms and Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during each period in respect of which a payment is made pursuant to Section 3.05, payable on a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as determined in Section 4.01 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 Trustee provides services during less than the whole of such year). However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is September 30, 1998. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II SPECIAL TERMS AND CONDITIONS OF TRUST FOR TARGET 25 TRUST, OCTOBER 1998 SERIES ("TARGET 25 TRUST") The following special terms and conditions are hereby agreed to: A. The Securities initially deposited in the Trust pursuant to Section 2.01 of the Standard Terms and Conditions of Trust are set forth in the Schedules hereto. B. (1) The aggregate number of Units outstanding for the Trust on the Initial Date of Deposit and the initial fractional undivided interest in and ownership of the Trust represented by each Unit thereof are set forth in the Prospectus in the section "Summary of Essential Information." Documents representing this number of Units for the Trust are being delivered by the Trustee to the Depositor pursuant to Section 2.03 of the Standard Terms and Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during each period in respect of which a payment is made pursuant to Section 3.05, payable on a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as determined in Section 4.01 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 Trustee provides services during less than the whole of such year). However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is September 30, 1998. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II

Appears in 1 contract

Samples: Ft 270 Trust Agreement (Ft 270)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." Deposit: 10% AT&T Corporation, 10% Chevron Corporation, 10% E.I. du Pont de Nemours & Company, 10% Xxxxxxx Kodak Company, 10% Exxon Corporation, 10% General Motors Corporation, 10% International Paper Company, 10% Minnesota Mining & Manufacturing Company, 10% X.X. Xxxxxx & Company, Inc., 10% Xxxxxx Xxxxxx Companies, Inc. D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $.0025 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $.0087 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 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 Trustee provides services during less than the whole of such year)3.05. However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31April 1, 19981997. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART IIIII A. 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. B. Section 1.01(26) shall be added to read as follows: "(26) The term "Rollover Unit holder" shall be defined as set forth in Section 5.05, herein." C. Section 1.01(27) shall be added to read as follows: "(27) The "Rollover Notification Date" shall be defined as set forth in the Prospectus under "Summary of Essential Information." D. Section 1.01(28) shall be added to read as follows: "(28) The term "Rollover Distribution" shall be defined as set forth in Section 5.05, herein." E. Section 1.01(29) shall be added to read as follows: "(29) The term "Distribution Agent" shall refer to the Trustee acting in its capacity as distribution agent pursuant to Section 5.02 herein." F. Section 1.01(30) shall be added to read as follows: "(30) The term "Special Redemption and Liquidation Period" shall be as set forth in the Prospectus under "Summary of Essential Information." G. The term "Capital Account" as set forth in the Prospectus shall be deemed to refer to the "Principal Account." H. Paragraph (b) of Section 2.01 shall be restated in its entirety as follows and, in connection therewith, the third paragraph of Section 3.02 shall be deleted: (b)(1)From time to time following the Initial Date of Deposit, the Depositor is hereby authorized, in its discretion, to assign, convey to and deposit with the Trustee (i) additional Securities, duly endorsed in blank or accompanied by all necessary instruments of assignment and transfer in proper form, (ii) Contract Obligations relating to such additional Securities, accompanied by cash and/or Letter(s) of Credit as specified in paragraph (c) of this Section 2.01, or (iii) cash (or a Letter of Credit in lieu of cash) with instructions to purchase additional Securities, in an amount equal to the portion of the Unit Value of the Units created by such deposit attributable to the Securities to be purchased pursuant to such instructions. Except as provided in the following subparagraphs (2), (3) and (4) the Depositor, in each case, shall ensure that each deposit of additional Securities pursuant to this Section shall maintain, as nearly as practicable, the Percentage Ratio. Each such deposit of additional Securities shall be made pursuant to a Notice of Deposit of Additional Securities delivered by the Depositor to the Trustee. Instructions to purchase additional Securities shall be in writing, and shall specify the name of the Security, CUSIP number, if any, aggregate amount, price or price range and date to be purchased. When requested by the Trustee, the Depositor shall act as broker to execute purchases in accordance with such instructions; the Depositor shall be entitled to compensation therefor in accordance with applicable law and regulations. The Trustee shall have no liability for any loss or depreciation resulting from any purchase made pursuant to the Depositor's instructions or made by the Depositor as broker. (2) Additional Securities (or Contract Obligations therefor) may, at the Depositor's discretion, be deposited or purchased in round lots. If the amount of the deposit is insufficient to acquire round lots of each Security to be acquired, the additional Securities shall be deposited or purchased in the order of the Security in the Trust most under-represented immediately before the deposit with respect to the Percentage Ratio. (3) If at the time of a deposit of additional Securities, Securities of an issue deposited on the Initial Date of Deposit (or of an issue of Replacement Securities acquired to replace an issue deposited on the Initial Date of Deposit) are unavailable, cannot be purchased at reasonable prices or their purchase is prohibited or restricted by applicable law, regulation or policies, the Depositor may (i) deposit, or instruct the Trustee to purchase, in lieu thereof, another issue of Securities or Replacement Securities or (ii) deposit cash or a letter of credit in an amount equal to the valuation of the issue of Securities whose acquisition is not feasible with instructions to acquire such Securities of such issue when they become available. (4) Any contrary authorization in the preceding subparagraphs (1) through (3) notwithstanding, deposits of additional Securities made after the 90-day period immediately following the Initial Date of Deposit (except for deposits made to replace Failed Contract Obligations if such deposits occur with 20 days from the date of a failure occurring within such initial 90-day period) shall maintain exactly the Percentage Ratio existing immediately prior to such deposit. (5) In connection with and at the time of any deposit of additional Securities pursuant to this Section 2.01(b), the Depositor shall exactly replicate Cash (as defined below) received or receivable by the Trust as of the date of such deposit. For purposes of this paragraph, "Cash" means, as to the Capital Account, cash or other property (other than Securities) on hand in the Capital Account or receivable and to be credited to the Capital Account as of the date of the deposit (other than amounts to be distributed solely to persons other than holders of Units created by the deposit) and, as to the Income Account, cash or other property (other than Securities) received by the Trust as of the date of the deposit or receivable by the Trust in respect of a record date for a payment on a Security which has occurred or will occur before the Trust will be the holder of record of a Security, reduced by the amount of any cash or other property received or receivable on any Security allocable (in accordance with the Trustee's calculations of distributions from the Income Account pursuant to Section 3.05) to a distribution made or to be made in respect of a Record Date occurring prior to the deposit. Such replication will be made on the basis of a fraction, the numerator of which is the number of Units created by the deposit and the denominator of which is the number of Units which are outstanding immediately prior to the deposit." I. The second paragraph of Section 3.02 of the Standard Terms and Conditions is hereby deleted and replaced with the following sentence: "Any non-cash distributions (other than a non-taxable distribution of the shares of the distributing corporation which shall be retained by a Trust) received by a Trust shall be dealt with in the manner described at Section 3.11, herein, and shall be retained or disposed of by such Trust according to those provisions. The proceeds of any disposition shall be credited to the Income Account of a Trust. Neither the Trustee nor the Depositor shall be liable or responsible in any way for depreciation or loss incurred by reason of any such sale."

Appears in 1 contract

Samples: First Trust Special Situations Trust (First Trust Special Situations Trust Series 187)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." Deposit: 10% AT&T Corporation, 10% Chevron Corporation, 10% E.I. du Pont de Nemours & Company, 10% Xxxxxxx Kodak Company, 10% Exxon Corporation, 10% General Motors Corporation, 10% International Paper Company, 10% Minnesota Mining & Manufacturing Company, 10% X.X. Xxxxxx & Company, Inc., 10% Xxxxxx Xxxxxx Companies, Inc. D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $.0025 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $.0065 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 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 Trustee provides services during less than the whole of such year)3.05. However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31August 1, 19981997. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART IIII SPECIAL TERMS AND CONDITIONS OF TRUST FOR TARGET 25 TRUST, AUGUST 1997 SERIES ("TARGET 25 TRUST") The following special terms and conditions are hereby agreed to: A. The Securities initially deposited in the Trust pursuant to Section 2.01 of the Standard Terms and Conditions of Trust are set forth in the Schedules hereto. B. (1) The aggregate number of Units outstanding for the Trust on the Initial Date of Deposit is 15,000 Units. (2) The initial fractional undivided interest in and ownership of the Trust represented by each Unit thereof shall be 1/15,000. Documents representing this number of Units for the Trust are being delivered by the Trustee to the Depositor pursuant to Section 2.03 of the Standard Terms and

Appears in 1 contract

Samples: Trust Agreement (First Trust Special Situations Trust Series 203)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as determined in Section 4.01 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 Evaluator provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as determined in Section 4.01 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 Trustee provides services during less than the whole of such year). However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31November 30, 1998. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II

Appears in 1 contract

Samples: Ft 285 Trust Agreement (Ft 285)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as determined in Section 4.01 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 Trustee provides services during less than the whole of such year). However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31April 30, 1998. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART IIII SPECIAL

Appears in 1 contract

Samples: Ft 241 Trust Agreement (Ft 241)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." Deposit: 20% AT&T Corporation, 20% Exxon Corporation, 20% Goodyear Tire & Rubber Company, 20% International Paper Company, 20% Xxxxxx Xxxxxx Companies, Inc. D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $.0025 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $.0065 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 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 Trustee provides services during less than the whole of such year)3.05. However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31May 1, 19981997. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II

Appears in 1 contract

Samples: First Trust Special Situations Trust (First Trust Special Situations Trust Series 191)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as determined in Section 4.01 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 Trustee provides services during less than the whole of such year). However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31April 30, 1998. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II

Appears in 1 contract

Samples: Ft 241 Trust Agreement (Ft 241)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as determined in Section 4.01 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 Trustee provides services during less than the whole of such year). However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31May 29, 1998. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART IIII SPECIAL

Appears in 1 contract

Samples: Ft 249 Trust Agreement (Ft 249)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 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 Trustee provides services during less than the whole of such year)3.05. However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December October 31, 19981997. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II

Appears in 1 contract

Samples: Ft 211 Trust Agreement (Ft 211)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." Deposit: 10% AT&T Corporation, 10% Chevron Corporation, 10% E.I. du Pont de Nemours & Company, 10% Exxon Corporation, 10% General Motors Corporation, 10% International Paper Company, 10% Minnesota Mining & Manufacturing Company, 10% X.X. Xxxxxx & Company, Inc., 10% Xxxxxx Xxxxxx Companies, Inc., 10% Texaco, Inc. D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $.0025 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $.0085 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 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 Trustee provides services during less than the whole of such year)3.05. However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31February 3, 19981997. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II

Appears in 1 contract

Samples: First Trust Special Situations (First Trust Special Situations Trust Series 181)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as determined in Section 4.01 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 Trustee provides services during less than the whole of such year). However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December August 31, 1998. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART IIII SPECIAL TERMS AND CONDITIONS OF TRUST FOR TARGET 25 TRUST, SEPTEMBER 1998 SERIES ("TARGET 25 TRUST") The following special terms and conditions are hereby agreed to: A. The Securities initially deposited in the Trust pursuant to Section 2.01 of the Standard Terms and Conditions of Trust are set forth in the Schedules hereto. B. (1) The aggregate number of Units outstanding for the Trust on the Initial Date of Deposit and the initial fractional undivided interest in and ownership of the Trust represented by each Unit thereof are set forth in the Prospectus in the section "Summary of Essential Information." Documents representing this number of Units for the Trust are being delivered by the Trustee to the Depositor pursuant to Section 2.03 of the Standard Terms and

Appears in 1 contract

Samples: Ft 265 Trust Agreement (Ft 265)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as determined in Section 4.01 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 Evaluator provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as determined in Section 4.01 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 Trustee provides services during less than the whole of such year). However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31, 1998. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II SPECIAL TERMS AND CONDITIONS OF TRUST FOR TARGET 25 STRATEGY, JANUARY 1999 SERIES ("TARGET 25 TRUST") The following special terms and conditions are hereby agreed to: A. The Securities initially deposited in the Trust pursuant to Section 2.01 of the Standard Terms and Conditions of Trust are set forth in the Schedules hereto. B. (1) The aggregate number of Units outstanding for the Trust on the Initial Date of Deposit and the initial fractional undivided interest in and ownership of the Trust represented by each Unit thereof are set forth in the Prospectus in the section "Summary of Essential Information." Documents representing this number of Units for the Trust are being delivered by the Trustee to the Depositor pursuant to Section 2.03 of the Standard Terms and Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as determined in Section 4.01 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 Evaluator provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as determined in Section 4.01 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 Trustee provides services during less than the whole of such year). However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31, 1998. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II

Appears in 1 contract

Samples: Ft 288 Trust Agreement (Ft 288)

Conditions of Trust. C. The Percentage Ratio is as follows on the Initial Date of Deposit is as set forth in the Prospectus under "Schedule of Investments." Deposit: 10% AT&T Corporation, 10% Chevron Corporation, 10% E.I. du Pont de Nemours & Company, 10% Xxxxxxx Kodak Company, 10% Exxon Corporation, 10% General Motors Corporation, 10% International Paper Company, 10% Minnesota Mining & Manufacturing Company, 10% X.X. Xxxxxx & Company, Inc., 10% Xxxxxx Xxxxxx Companies, Inc. D. The Record Date shall be as set forth in the prospectus for the sale of Units dated the date hereof (the "Prospectus") under "Summary of Essential Information." E. The Distribution Date shall be as set forth in the Prospectus under "Summary of Essential Information." F. The Mandatory Termination Date for the Trust shall be as set forth in the Prospectus under "Summary of Essential Information." G. The Evaluator's compensation as referred to in Section 4.03 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $.0025 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 of this Indenture3.05, in which case the fee is calculated based payable 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 Evaluator provides services during less than the whole of such year)a Distribution Date. Such fee may exceed the actual cost of providing such evaluation services for the Trust, but at no time will the total amount received for evaluation 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 Evaluator of supplying such services in such year. H. The Trustee's Compensation Rate pursuant to Section 6.04 of the Standard Terms and Conditions of Trust shall be an annual fee as set forth in the Prospectus under "Summary of Essential Information," $.0065 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering each period as determined in respect of which a payment is made pursuant to Section 4.01 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 Trustee provides services during less than the whole of such year)3.05. However, in no event, except as may otherwise be provided in the Standard Terms and Conditions of Trust, shall the Trustee receive compensation in any one year from any Trust of less than $2,000 for such annual compensation. I. The Initial Date of Deposit for the Trust is December 31June 2, 19981997. J. The minimum amount of Equity Securities to be sold by the Trustee pursuant to Section 5.02 of the Indenture for the redemption of Units shall be 100 shares. PART II

Appears in 1 contract

Samples: First Trust Special Situations Trust (First Trust Special Situations Trust Series 196)

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