EXPENSE ALLOCATIONS Clause Samples
EXPENSE ALLOCATIONS. Subject to Section III hereof, and the provisions of Article IV of the Fund Participation Agreement, the Company or its affiliates shall initially bear the costs of the following:
a) printing and distributing all Fund Materials to be distributed to prospective Contract owners except as may otherwise be provided in the Fund Participation Agreement;
b) printing and distributing all sales literature or promotional material developed by the Company or its affiliates and relating to the Contracts;
c) servicing Contract Owners who have allocated Contract value to a Portfolio, which servicing shall include, but is not limited to, the items listed in Paragraph I of this Agreement.
EXPENSE ALLOCATIONS. 11.1 Seller shall pay for all applicable realty transfer taxes related to the execution, delivery and recording of the Deed, ▇▇▇▇ of Sale, and other Closing Documents, and all related recording charges.
11.2 Subject to Section 13.3, Buyer shall pay for Buyer's title examination for Buyer's title examination and premiums and for Buyer's due diligence expenses, including survey, structural analysis and environmental analysis.
11.3 Buyer and Seller shall be responsible for paying their own attorney's fees in connection with this transaction.
EXPENSE ALLOCATIONS. SECTION 6.1. Buyer shall pay for all recording charges for the Deed and any financing documents relating to Buyer’s financing, any endorsements to the Title Policy, any update of the Survey and any other costs incurred by Buyer in connection with its inspection of the Property.
SECTION 6.2. The following expenses shall be split between Buyer and Seller in accordance with local custom: (i) the basic premium for the Title Policy, (ii) any recording fees for the release of liens released by Seller, (iii) documents required to effect any cure of Title Objections that Seller has elected to cure in accordance with this Agreement and (iv) documentary stamp taxes, transfer taxes or similar taxes which become payable by reason of the Deed from Seller to Buyer.
SECTION 6.3. The parties shall be responsible for paying their own attorney’s fees in connection with this transaction. Each of Buyer and Seller shall be responsible for payment of fifty percent (50%) of the escrow fees.
EXPENSE ALLOCATIONS. Shareholder Service Fees payable by the Trust to the shareholder servicer of the Trust’s shares (the “Shareholder Servicer”) shall be allocated, to the extent practicable, on a class-by-class basis, excluding Class MF Shares, which pay no Shareholder Service Fees. In addition, all Supplemental Support Fees payable by the Trust to the supplemental support provider (the “Support Provider”) in respect of its Class MF Shares shall be allocated exclusively to Class MF Shares. Subject to the approval of the Trust’s Board of Trustees, including a majority of the independent Trustees, the following “Class Expenses” may (if such expense is properly assessable at the class level) in the future be allocated on a class-by-class basis: (a) transfer agency costs attributable to each class, (b) printing and postage expenses related to preparing and distributing materials such as shareholder reports, prospectuses and proxy statements to current shareholders of a specific Class, (c) SEC registration fees incurred with respect to a specific class, (d) blue sky and foreign registration fees and expenses incurred with respect to a specific class, (e) the expenses of personnel and services required to support shareholders of a specific class (including, but not limited to, maintaining telephone lines and personnel to answer shareholder inquiries about their accounts or about the Trust), (f) litigation and other legal expenses relating to a specific class of shares, (g) Trustees’ fees or expenses incurred as a result of issues relating to a specific class of shares, (h) accounting and consulting expenses relating to a specific class of shares, (i) any fees imposed pursuant to a non-Rule 12b-1 shareholder service or support plan that relate to a specific class of shares, and (j) any additional expenses, not including advisory or custodial fees or other expenses related to the management of the Trust’s assets, if these expenses are actually incurred in a different amount with respect to a class, or if services are provided with respect to a class, or if services are provided with respect to a class that are of a different kind or to a different degree than with respect to one or more other classes. All expenses not now or hereafter designated as Class Expenses (“Fund Expenses”) will be allocated to each class on the basis of the net asset value of that class in relation to the net asset value of the relevant Fund. However, notwithstanding the above, a Fund may allocate all expens...
EXPENSE ALLOCATIONS. Subject to Section III hereof, Security Life or its affiliates shall initially bear the costs of the following:
a) printing and distributing all Fund Materials to be distributed to prospective Contract owners except as may otherwise be provided in the Participation Agreement;
b) printing and distributing all sales literature or promotional material developed by Security Life or its affiliates and relating to the Contracts;
c) servicing Contract Owners who have allocated Contract value to a Portfolio, which servicing shall include, but is not limited to, the items listed in Paragraph I of this Agreement.
EXPENSE ALLOCATIONS. All expenses with respect to the Property, and applicable to the period of time before and after Closing, determined in accordance with sound accounting principles consistently applied, shall be allocated between ▇▇▇▇▇▇▇▇ and Brandywine OP as provided herein. ▇▇▇▇▇▇▇▇ shall be responsible for all expenses for the period of time up to but not including the Closing Date, and Brandywine OP shall be responsible for all expenses for the period of time from, after and including the date of Closing. Such adjustments shall be shown on the closing statements (with such supporting documentation as the parties hereto may require being attached as exhibits to the closing statements) and shall increase or decrease (as the case may be) the cash amount payable by the parties hereto. Without limiting the generality of the foregoing, the following items of expense shall be allocated at Closing:
(a) Real estate property taxes for the Property for the current calendar year 2001.
(b) Expenses under the Architect's Agreement as long as the items were listed on Exhibit B or approved for inclusion as a Total Project Costs by Brandywine OP in accordance with Section 6.4(g).
(c) Utility charges (including, but not limited to, charges for water, sewer and electricity).
(d) Municipal or other governmental improvement liens, which shall be paid by ▇▇▇▇▇▇▇▇ at Closing to the extent of the work commenced as of the Closing Date, and which shall be assumed by Brandywine OP at Closing to the extent of work that has been authorized, but not physically commenced.
(e) All other expenses of the Property. ▇▇▇▇▇▇▇▇ shall pay or cause to be paid all real estate taxes and installments for special assessments (prorated to the Closing Date) for the Property due and payable in, or deferred with respect to the years prior to, the year in which the Closing occurs. All installments for special assessments (prorated to the Closing Date) pending, levied or due and payable on or prior to the Closing Date shall be paid by ▇▇▇▇▇▇▇▇ on or before the Closing Date. All subdivision and platting costs and expenses heretofore incurred by ▇▇▇▇▇▇▇▇, including, without limitation, all subdivision exactions, fees and costs and all dedication of land for parks and other public uses or payment of fees in lieu thereof, shall be paid by ▇▇▇▇▇▇▇▇ on or prior to the Closing Date. If accurate allocations cannot be made at Closing because current bills are not obtainable (as, for example, in the case of utility bills and/or ...
EXPENSE ALLOCATIONS. Subject to Section III hereof, and the provisions of Article III of the Fund Participation Agreement, Prudential or its affiliates shall initially bear the costs of the following:
a) printing and distributing all Fund Materials to be distributed to prospective Contract owners except as may otherwise be provided in the Fund Participation Agreement;
b) printing and distributing all sales literature or promotional material developed by Prudential or its affiliates and relating to the Contracts except as may otherwise be provided in the Fund Participation Agreement;
EXPENSE ALLOCATIONS. (a) The Fund will pay the cost of keeping its registration of shares under the Securities Act of 1933, as amended (the "1933 Act") and its registration as a management investment company under the 1940 Act, current and effective. USL will pay the cost of registering the Separate Account as a unit investment trust under the 1940 Act and registering units of interest under the Policies under the 1933 Act and keeping such registrations current and effective.
(b) At least annually, the Fund or its designee shall provide USL with the current prospectus, statement of additional information and any supplements thereto for the shares of the Series in the form of "camera ready" copy as set in type or, at the request of USL, as a diskette in the form sent to the financial printer. The prospectuses provided by the Fund shall be limited to only those Series of the Fund that are made available through the Separate Account to serve as underlying investments. The Fund shall be responsible for providing the prospectus and/or statement of additional information in the format (i.e., "camera ready" or diskette) in which it is accustomed to formatting prospectuses and/or statements of additional information and shall bear the expense of providing the prospectus and/or statement of additional information, and any supplements thereto, in such format (e.g. typesetting expenses), and USL shall bear the expense of adjusting or changing the format to conform with any of its prospectuses and/or statements of additional information. At USL's option and expense, once a year (or more frequently if the prospectus and/or statement of additional information for the shares is supplemented or amended), USL may cause the Fund's prospectus and/or statement of additional information to be printed separately and/or together in one document with the prospectus and/or statement of additional information for other investment companies and/or for the Policies. USL shall be responsible for the costs of printing the Fund's prospectus and/or statement of additional information, either separately or in combination as aforesaid, and distribution to existing Policy owners whose Policies are funded by such shares and to prospective purchasers of Policies; provided that the Fund shall be responsible for one-half of the cost of printing the Fund's prospectus in a quantity sufficient to provide each existing Policy owner with a copy.
(c) The Fund and USL will each bear one-half of the costs of preparing, fil...
EXPENSE ALLOCATIONS. SECTION 6.1. TRT Partner shall pay for all recording charges for the Deed and any financing documents relating to TRT Partner’s financing, any endorsements to the Existing Title Policy, any update of the Survey and any other costs incurred by TRT Partner in connection with its inspection of the Property.
SECTION 6.2. The following expenses shall be split between the Partnership and Contributor in accordance with local custom: (i) any recording fees for the release of liens released by Contributor, (ii) documents required to effect any cure of Title Objections that Contributor has elected to cure in accordance with this Agreement and (iii) documentary stamp taxes, transfer taxes or similar taxes which become payable by reason of the Deed from Contributor to the Partnership.
SECTION 6.3. The parties shall be responsible for paying their own attorney’s fees in connection with this transaction. Each of the Partnership and Contributor shall be responsible for payment of fifty percent (50%) of the escrow fees.
EXPENSE ALLOCATIONS. Subject to Section III hereof, Southland or its affiliates shall initially bear the costs of the following:
a) printing and distributing all Fund Materials to be distributed to prospective Contract owners;
b) printing and distributing all sales literature or promotional material developed by Southland or its affiliates and relating to the Contracts;
c) servicing Contract owners who have allocated Contract value to a Portfolio, which servicing shall include, but is not limited to, the items listed in Paragraph I of this Agreement. 2
