Common use of Deferred Expenses Clause in Contracts

Deferred Expenses. The Fund agrees to pay to the Adviser the amount of investment advisory fees that, but for Section 1 hereof, would have been payable by the Fund to the Adviser pursuant to the Investment Advisory Agreement, and reimburse any additional payments remitted by the Adviser (the “Deferred Expenses”), subject to the limitations provided in this Section. Such repayment may be made monthly, but only if the Fund Operating Expenses, without regard to such repayment, are at an annualized rate (as a percentage of the average daily net assets of such Fund) less than the Operating Expense Limit for the applicable period, excluding the period included in the seed capital audit. Furthermore, the amount of Deferred Expenses paid by such Fund in any subsequent month shall be limited so that the sum of (a) the amount of such payment and (b) the other Fund Operating Expenses do not exceed such rate as may be agreed upon from time to time for payments made after the applicable period, excluding the period included in the seed capital audit. Deferred Expenses shall not be payable by such Fund to the extent that the amounts payable by it pursuant to the immediately preceding two sentences during the period ending three years from the date such Fund incurred the Deferred Expenses, and in no event later than three years after the end of the applicable Period, are not sufficient to pay such Deferred Expenses. In no event will a Fund be obligated to pay any fees waived or deferred by the Adviser with respect to any other series of the Trust.

Appears in 10 contracts

Samples: Expense Limitation Agreement (Pointbreak ETF Trust), Expense Limitation Agreement (Pointbreak ETF Trust), Expense Limitation Agreement (Pointbreak ETF Trust)

AutoNDA by SimpleDocs

Deferred Expenses. The Fund agrees to pay to the Adviser Advisor the amount of investment advisory fees that, but for Section 1 hereof, would have been payable by the Fund to the Adviser Advisor pursuant to the Investment Advisory Agreement, and reimburse any additional payments remitted by the Adviser Advisor (the “Deferred Expenses”), subject to the limitations provided in this Section. Such repayment repayment, may be made monthly, but only if the Fund Operating Expenses, without regard to such repayment, are at an annualized rate (as a percentage of the average daily net assets of such the Fund) less than the Operating Expense Limit for the applicable period, excluding the period included in the seed capital audit. Furthermore, the amount of Deferred Expenses paid by such the Fund in any subsequent month shall be limited so that the sum of (a) the amount of such payment and (b) the other Fund Operating Expenses do not exceed such rate as may be agreed upon from time to time for payments made after the applicable period, excluding the period included in the seed capital audit. Deferred Expenses shall not be payable by such the Fund to the extent that the amounts payable by it pursuant to the immediately preceding two sentences during the period ending three years from the date such the Fund incurred the Deferred Expenses, and in no event later than three years after the end of the applicable Period, are not sufficient to pay such Deferred Expenses. In no event will a the Fund be obligated to pay any fees waived or deferred by the Adviser Advisor with respect to any other series of the Trust.

Appears in 5 contracts

Samples: Expense Limitation Agreement (IndexIQ Trust), Expense Limitation Agreement (IndexIQ Trust), Expense Limitation Agreement (IndexIQ Trust)

Deferred Expenses. The Each Fund agrees to pay to the Adviser Advisor the amount of investment advisory fees that, but for Section 1 hereof, would have been payable by the such Fund to the Adviser Advisor pursuant to the Investment Advisory Agreement, and reimburse any additional payments remitted by the Adviser Advisor (the “Deferred Expenses”), subject to the limitations provided in this Section. Such repayment repayment, may be made monthly, but only if the Fund Operating Expenses, without regard to such repayment, are at an annualized rate (as a percentage of the average daily net assets of such Fund) less than the Operating Expense Limit for the applicable period, excluding the period included in the seed capital audit. Furthermore, the amount of Deferred Expenses paid by such Fund in any subsequent month shall be limited so that the sum of (a) the amount of such payment and (b) the other Fund Operating Expenses do not exceed such rate as may be agreed upon from time to time for payments made after the applicable period, excluding the period included in the seed capital audit. Deferred Expenses shall not be payable by such Fund to the extent that the amounts payable by it pursuant to the immediately preceding two sentences during the period ending three years from the date such Fund incurred the Deferred Expenses, and in no event later than three years after the end of the applicable Period, are not sufficient to pay such Deferred Expenses. In no event will a Fund be obligated to pay any fees waived or deferred by the Adviser Advisor with respect to any other series of the Trust.

Appears in 4 contracts

Samples: Expense Limitation Agreement (IndexIQ Active ETF Trust), Expense Limitation Agreement (IndexIQ Trust), Expense Limitation Agreement (Precidian ETFs Trust)

Deferred Expenses. The Each Fund agrees to pay to the Adviser Advisor the amount of investment advisory fees that, but for Section 1 hereof, would have been payable by the such Fund to the Adviser Advisor pursuant to the Investment Advisory Agreement, and reimburse any additional payments remitted by the Adviser Advisor (the “Deferred Expenses”), subject to the limitations provided in this Section. Such repayment repayment, may be made monthly, but only if the Fund Operating Expenses, without regard to such repayment, are at an annualized rate (as a percentage of the average daily net assets of such Fund) less than the Operating Expense Limit for the applicable period, excluding the period included in the seed capital audit. Furthermore, the amount of Deferred Expenses paid by such Fund in any subsequent month shall be limited so that the sum of (a) the amount of such payment and (b) the other Fund Operating Expenses do not exceed such rate as may be agreed upon from time to time for payments made after the applicable period, excluding the period included in the seed capital audit. Deferred Expenses shall not be payable by such Fund to the extent that the amounts payable by it pursuant to the immediately preceding two sentences during the period ending three five years from the date such Fund incurred the Deferred Expenses, and in no event later than three five years after the end of the applicable Period, are not sufficient to pay such Deferred Expenses. In no event will a Fund be obligated to pay any fees waived or deferred by the Adviser Advisor with respect to any other series of the Trust.

Appears in 2 contracts

Samples: Expense Limitation Agreement (IndexIQ Active ETF Trust), Expense Limitation Agreement (IndexIQ Active ETF Trust)

Deferred Expenses. The Fund agrees to pay to the Adviser Advisor the amount of investment advisory fees that, but for Section 1 hereof, would have been payable by the such Fund to the Adviser Advisor pursuant to the Investment Advisory Agreement, and reimburse any additional payments remitted by the Adviser Advisor (the “Deferred Expenses”), subject to the limitations provided in this Section. Such repayment repayment, may be made monthly, but only if the Fund Operating Expenses, without regard to such repayment, are at an annualized rate (as a percentage of the average daily net assets of such Fund) less than the Operating Expense Limit for the applicable period, excluding the period included in the seed capital audit. Furthermore, the amount of Deferred Expenses paid by such Fund in any subsequent month shall be limited so that the sum of (a) the amount of such payment and (b) the other Fund Operating Expenses do not exceed such rate as may be agreed upon from time to time for payments made after the applicable period, excluding the period included in the seed capital audit. Deferred Expenses shall not be payable by such Fund to the extent that the amounts payable by it pursuant to the immediately preceding two sentences during the period ending three years from the date such Fund incurred the Deferred Expenses, and in no event later than three years after the end of the applicable Period, are not sufficient to pay such Deferred Expenses. In no event will a Fund be obligated to pay any fees waived or deferred by the Adviser Advisor with respect to any other series of the Trust.

Appears in 2 contracts

Samples: Expense Limitation Agreement (IndexIQ Trust), Expense Limitation Agreement (IndexIQ Trust)

Deferred Expenses. The Each Fund agrees to pay to the Adviser Advisor the amount of investment advisory fees that, but for Section 1 hereof, would have been payable by the such Fund to the Adviser pursuant to the Investment Advisory Agreement, and reimburse any additional payments remitted by the Adviser (the “Deferred Expenses”), subject to the limitations provided in this Section. Such repayment may be made monthly, but only if the Fund Operating Expenses, without regard to such repayment, are at an annualized rate (as a percentage of the average daily net assets of such Fund) less than the Operating Expense Limit for the applicable period, excluding the period included in the seed capital audit. Furthermore, the amount of Deferred Expenses paid by such Fund in any subsequent month shall be limited so that the sum of (a) the amount of such payment and (b) the other Fund Operating Expenses do not exceed such rate as may be agreed upon from time to time for payments made after the applicable period, excluding the period included in the seed capital audit. Deferred Expenses shall not be payable by such Fund to the extent that the amounts payable by it pursuant to the immediately preceding two sentences during the period ending three years from the date such Fund incurred the Deferred Expenses, and in no event later than three years after the end of the applicable Periodperiod, are not sufficient to pay such Deferred Expenses. In no event will a Fund be obligated to pay any fees waived or deferred by the Adviser with respect to any other series of the Trust.

Appears in 1 contract

Samples: Expense Limitation Agreement (USCF ETF Trust)

AutoNDA by SimpleDocs

Deferred Expenses. The Each Fund agrees to pay to the Adviser Sub-Advisor the amount of investment advisory fees that, but for Section 1 hereof, would have been payable by the such Fund to the Adviser Sub-Advisor pursuant to the Investment Advisory Agreement and the Sub-Advisory Agreement, and reimburse any additional payments remitted by the Adviser Sub-Advisor (the “Deferred Expenses”), subject to the limitations provided in this Section. Such repayment repayment, may be made monthly, but only if the Fund Operating Expenses, without regard to such repayment, are at an annualized rate (as a percentage of the average daily net assets of such Fund) less than the Operating Expense Limit for the applicable period, excluding the period included in the seed capital audit. Furthermore, the amount of Deferred Expenses paid by such Fund in any subsequent month shall be limited so that the sum of (a) the amount of such payment and (b) the other Fund Operating Expenses do not exceed such rate as may be agreed upon from time to time for payments made after the applicable period, excluding the period included in the seed capital audit. Deferred Expenses shall not be payable by such Fund to the extent that the amounts payable by it pursuant to the immediately preceding two sentences during the period ending three years from the date such Fund incurred the Deferred Expenses, and in no event later than three years after the end of the applicable Period, are not sufficient to pay such Deferred Expenses. In no event will a Fund be obligated to pay any fees waived or deferred by the Adviser Sub-Advisor with respect to any other series of the Trust.

Appears in 1 contract

Samples: Expense Limitation Agreement (Absolute Shares Trust)

Deferred Expenses. The Fund agrees to pay to the Adviser Advisor the amount of investment advisory fees that, but for Section 1 hereof, would have been payable by the Fund to the Adviser pursuant to the Investment Advisory Agreement, and reimburse any additional payments remitted by the Adviser (the “Deferred Expenses”), subject to the limitations provided in this Section. Such repayment may be made monthly, but only if the Fund Operating Expenses, without regard to such repayment, are at an annualized rate (as a percentage of the average daily net assets of such Fund) less than the Operating Expense Limit for the applicable period, excluding the period included in the seed capital audit. Furthermore, the amount of Deferred Expenses paid by such Fund in any subsequent month shall be limited so that the sum of (a) the amount of such payment and (b) the other Fund Operating Expenses do not exceed such rate as may be agreed upon from time to time for payments made after the applicable period, excluding the period included in the seed capital audit. Deferred Expenses shall not be payable by such Fund to the extent that the amounts payable by it pursuant to the immediately preceding two sentences during the period ending three years from the date such Fund incurred the Deferred Expenses, and in no event later than three years after the end of the applicable Period, are not sufficient to pay such Deferred Expenses. In no event will a Fund be obligated to pay any fees waived or deferred by the Adviser with respect to any other series of the Trust.

Appears in 1 contract

Samples: Expense Limitation Agreement (USCF ETF Trust)

Deferred Expenses. The Fund agrees to pay to the Adviser Advisor the amount of investment advisory fees that, but for Section 1 hereof, would have been payable by the Fund to the Adviser pursuant to the Investment Advisory Agreement, and reimburse any additional payments remitted by the Adviser (the “Deferred Expenses”), subject to the limitations provided in this Section. Such repayment may be made monthly, but only if the Fund Operating Expenses, without regard to such repayment, are at an annualized rate (as a percentage of the average daily net assets of such Fund) less than the Operating Expense Limit for the applicable period, excluding the period included in the seed capital audit. Furthermore, the amount of Deferred Expenses paid by such Fund in any subsequent month shall be limited so that the sum of (a) the amount of such payment and (b) the other Fund Operating Expenses do not exceed such rate as may be agreed upon from time to time for payments made after the applicable period, excluding the period included in the seed capital audit. Deferred Expenses shall not be payable by such Fund to the extent that the amounts payable by it pursuant to the immediately preceding two sentences during the period ending three years from the date such Fund incurred the Deferred Expenses, and in no event later than three years after the end of the applicable Period, are not sufficient to pay such Deferred Expenses. In no event will a Fund be obligated to pay any fees waived or deferred by the Adviser Advisor with respect to any other series of the Trust.

Appears in 1 contract

Samples: Expense Limitation Agreement (Pointbreak ETF Trust)

Time is Money Join Law Insider Premium to draft better contracts faster.