Common use of Fees, Charges and Expenses Clause in Contracts

Fees, Charges and Expenses. No charges and expenses of the Depositary or any Depositary’s Agent hereunder shall be payable by any person, except as provided in this Section 5.7. The Bank shall pay all transfer and other taxes and governmental charges arising solely from the existence of this Deposit Agreement. The Bank shall also pay all fees and expenses of the Depositary, Registrar, Transfer Agent and Depositary’s Agent in connection with the deposit of the Preferred Shares and the issuance of the Depositary Shares evidenced by the Receipts, any redemption of the Preferred Shares at the option of the Bank and all withdrawals of the Preferred Shares by holders of Depositary Shares. If a holder of Receipts requests the Depositary to perform duties not required under this Deposit Agreement, the Depositary shall notify the holder of the cost of the performance of such duties prior to the performance thereof. Such holder will be liable for the charges and expenses related to such performance. All other fees and expenses of the Depositary and any Depositary’s Agent hereunder and of any Registrar and any Transfer Agent (including, in each case, fees and expenses of counsel) incident to the performance of their respective obligations hereunder will be promptly paid as previously agreed between the Depositary and the Bank. The Depositary shall present its statement for fees and expenses to the Bank every month or at such other intervals as the Bank and the Depositary may agree.

Appears in 4 contracts

Samples: Deposit Agreement (Bank of America Corp /De/), Deposit Agreement (Bank of America Corp /De/), Deposit Agreement (Merrill Lynch & Co Inc)

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Fees, Charges and Expenses. No charges and expenses of the Depositary or any Depositary’s Agent hereunder shall be payable by any person, except as provided in this Section 5.75.08. The Bank Company shall pay all transfer and other taxes and governmental charges arising solely from the existence of this Deposit Agreement. The Bank Company shall also pay all fees and expenses of the Depositary, Registrar, Transfer Agent and Depositary’s Agent Depositary in connection with the initial deposit of the Preferred Shares Stock and the initial issuance of the Depositary Shares evidenced by the Receipts, any redemption of the Preferred Shares Stock at the option of the Bank Company and all withdrawals of the Preferred Shares Stock by holders of Depositary SharesReceipts. If a holder of Receipts requests the Depositary to perform duties not required under this Deposit Agreement, the Depositary shall notify the holder of the time cost of the performance of such duties prior to the performance thereof. Such Upon approval of such cost by such holder, such holder will thereafter be liable for the charges and expenses related to such performance. All other fees and expenses of the Depositary and any Depositary’s Agent hereunder and of any Registrar and any Transfer Agent (including, in each case, fees and expenses of counsel) incident to the performance of their respective its obligations hereunder will be promptly paid as previously agreed between by the Depositary and the BankCompany. The Depositary shall present its statement for fees and expenses to the Bank Company every month or at such other intervals as the Bank Company and the Depositary may agree.

Appears in 3 contracts

Samples: Deposit Agreement (CenterState Banks, Inc.), Deposit Agreement (Centerstate Banks of Florida Inc), Deposit Agreement (SBCF Capital Trust IV)

Fees, Charges and Expenses. No charges and expenses of the Depositary or any Depositary’s 's Agent hereunder shall be payable by any person, except as provided in this Section 5.75.07. The Bank Company shall pay all transfer and other taxes and governmental charges arising solely from the existence of this Deposit Agreement. The Bank Company shall also pay all fees and expenses of the Depositary, Registrar, Transfer Agent and Depositary’s Agent Depositary in connection with the initial deposit of the Preferred Shares Stock and the initial issuance of the Depositary Shares evidenced by the Receipts, any redemption of the Preferred Shares Stock at the option of the Bank Company and all withdrawals of the Preferred Shares Stock by holders of Depositary Shares. If a holder of Receipts requests the Depositary to perform duties not required under this Deposit Agreement, the Depositary shall notify the holder of the cost of the performance of such duties prior to the performance thereof. Such holder will be liable for the charges and expenses related to such performance. All other fees and expenses of the Depositary and any Depositary’s 's Agent hereunder and of any Registrar and any Transfer Agent (including, in each case, fees and expenses of counsel) incident to the performance of their respective obligations hereunder will be promptly paid as previously agreed between the Depositary and the BankCompany. The Depositary shall present its statement for fees and expenses to the Bank Company every month or at such other intervals as the Bank Company and the Depositary may agree.

Appears in 2 contracts

Samples: Deposit Agreement (New Plan Realty Trust), Deposit Agreement (Excel Realty Trust Inc)

Fees, Charges and Expenses. No charges and expenses of the Depositary or any Depositary’s 's Agent hereunder shall be payable by any person, except as provided in this Section 5.7. The Bank Company shall pay all transfer and other taxes and governmental charges arising solely from the existence of this Deposit Agreement. The Bank Company shall also pay all fees and expenses of the Depositary, Registrar, Transfer Agent and Depositary’s Agent Depositary in connection with the initial deposit of the Preferred Shares and the initial issuance of the Depositary Shares evidenced by the Receipts, any and redemption of the Preferred Shares at the option of the Bank Company and all withdrawals of the Preferred Shares by holders of Depositary Shares. If a holder of Receipts requests the Depositary to perform duties not required under this Deposit Agreement, the Depositary shall notify the holder of the cost of the performance of such duties prior to the performance thereof. Such holder will be liable for the charges and expenses related to such performance. All other fees and expenses of the Depositary and any Depositary’s 's Agent hereunder and of any Registrar and any Transfer Agent (including, in each case, fees and expenses of counsel) incident to the performance of their respective obligations hereunder will be promptly paid as previously agreed between the Depositary and the BankCompany. The Depositary shall present its statement for fees and expenses to the Bank Company every month or at such other intervals as the Bank Company and the Depositary may agree.

Appears in 2 contracts

Samples: Deposit Agreement (New Plan Realty Trust), Deposit Agreement (New Plan Realty Trust)

Fees, Charges and Expenses. No charges and expenses of the Depositary or any Depositary’s 's Agent hereunder shall be payable by any person, except as provided in this Section 5.7. The Bank Company shall pay all transfer and other taxes and governmental charges arising solely from the existence of this Deposit Agreement. The Bank Company shall also pay all fees and expenses of the Depositary, Registrar, Transfer Agent and Depositary’s Agent Depositary in connection with the initial deposit of the Series D Preferred Shares and the initial issuance of the Depositary Shares evidenced by the Receipts, any redemption of the Series D Preferred Shares at the option of the Bank Company and all withdrawals of the Series D Preferred Shares by holders of Depositary Shares. If a holder of Receipts requests the Depositary to perform duties not required under this Deposit Agreement, the Depositary shall notify the holder of the cost of the performance of such duties prior to the performance thereof. Such holder will be liable for the charges and expenses related to such performance. All other fees and expenses of the Depositary and any Depositary’s 's Agent hereunder and of any Registrar and any Transfer Agent (including, in each case, fees and expenses of counsel) incident to the performance of their respective obligations hereunder will be promptly paid as previously agreed between the Depositary and the BankCompany. The Depositary shall present its statement for fees and expenses to the Bank Company every month or at such other intervals as the Bank Company and the Depositary may agree.

Appears in 2 contracts

Samples: Deposit Agreement (Highwoods Forsyth L P), Deposit Agreement (Highwoods Properties Inc)

Fees, Charges and Expenses. No charges and expenses of the Depositary or any Depositary’s 's Agent hereunder shall be payable by any person, except as provided in this Section 5.7. The Bank Company shall pay all transfer and other taxes and governmental charges arising solely from the existence of this Deposit Agreement. The Bank Company shall also pay all fees and expenses of the Depositary, Registrar, Transfer Agent and Depositary’s Agent Depositary in connection with the initial deposit of the Preferred Shares and the initial issuance of the Depositary Preference Shares evidenced by the Preference Receipts, any redemption of the Preferred Shares at the option of the Bank Company and all withdrawals of the Preferred Shares by holders of Depositary Preference Shares. If a holder of Preference Receipts requests the Depositary to perform duties not required under this Deposit Agreement, the Depositary shall notify the holder of the cost of the performance of such duties prior to the performance thereof. Such holder will be liable for the charges and expenses related to such performance. All other fees and expenses of the Depositary and any Depositary’s 's Agent hereunder and of any Registrar and any Transfer Agent (including, in each case, fees and expenses of counsel) incident to the performance of their respective obligations hereunder will be promptly paid as previously agreed between the Depositary and the BankCompany. The Depositary shall present its statement for fees and expenses to the Bank Company every month or at such other intervals as the Bank Company and the Depositary may agree.. ARTICLE VI

Appears in 1 contract

Samples: Exhibit 2 Deposit Agreement (Duke Realty Investments Inc)

Fees, Charges and Expenses. No charges and expenses of the Depositary or any Depositary’s 's Agent hereunder shall be payable by any person, except as provided in this Section 5.75.07. The Bank Company shall pay all transfer and other taxes and governmental charges arising solely from the existence of this Deposit Agreement. The Bank Company shall also pay all fees and expenses of the Depositary, Registrar, Transfer Agent and Depositary’s Agent Depositary in connection with the initial deposit of the Series A Preferred Shares Stock and the initial issuance of the Depositary Shares evidenced by the Receipts, any redemption of the Series A Preferred Shares Stock at the option of the Bank Company and all withdrawals of the Series A Preferred Shares Stock by holders of Depositary Shares. If a holder of Receipts requests the Depositary to perform duties not required under this Deposit Agreement, the Depositary shall notify the holder of the cost of the performance of such duties prior to the performance thereof. Such holder will be liable for the charges and expenses related to such performance. All other fees and expenses of the Depositary and any Depositary’s 's Agent hereunder and of any Registrar and any Transfer Agent (including, in each case, fees and expenses of counsel) incident to the performance of their respective obligations hereunder will be promptly paid as previously agreed between the Depositary and the BankCompany. The Depositary shall present its statement for fees and expenses to the Bank Company every month or at such other intervals as the Bank Company and the Depositary may agree.

Appears in 1 contract

Samples: Deposit Agreement (Independent Bank Corp /Mi/)

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Fees, Charges and Expenses. No charges and expenses of the Depositary or any Depositary’s Agent hereunder shall be payable by any person, except as provided in this Section 5.75.07. The Bank Company shall pay all transfer and other taxes and governmental charges arising solely from the existence of this Deposit Agreement. The Bank Company shall also pay all fees and expenses of the Depositary, Registrar, Transfer Agent Depositary and Depositary’s the Conversion Agent in connection with the initial deposit of the Convertible Preferred Shares Stock and the initial issuance of the Depositary Shares evidenced by the Receipts, any redemption of the Preferred Shares at the option of the Bank Receipts and all withdrawals of the Convertible Preferred Shares Stock by holders of Depositary Shares. If a holder of Receipts requests as previously agreed between the Depositary to perform duties not required under this Deposit Agreement, and the Depositary shall notify the holder of the cost of the performance of such duties prior to the performance thereof. Such holder will be liable for the charges and expenses related to such performanceCompany. All other fees and expenses of the Depositary and the Conversion Agent and any Depositary’s Agent hereunder and of any Registrar and any or Transfer Agent (including, in each case, fees and expenses of counsel) incurred in the preparation, delivery, amendment, administration and execution of this Deposit Agreement and incident to the performance of their respective obligations hereunder will be promptly paid by the Company as previously agreed between the Depositary and the BankCompany or any Registar or Transfer Agent; provided that Holders of Depositary Shares shall pay any transfer fees, taxes or governmental charges and other such charges as expressly provided in this Deposit Agreement. The Depositary and the Conversion Agent (and if applicable, the Transfer Agent and Registrar) shall present its statement for fees and expenses to the Bank Company once every month three months or at such other intervals as the Bank Company and the Depositary may agree.

Appears in 1 contract

Samples: Deposit Agreement (Fifth Third Bancorp)

Fees, Charges and Expenses. No charges and expenses of the Depositary or any Depositary’s Agent hereunder shall be payable by any person, except as provided in this Section 5.75.07. The Bank Company shall pay all transfer and other taxes and governmental charges arising solely from the existence of this Deposit Agreement. The Bank Company shall also pay all fees and expenses of the Depositary, Registrar, Transfer Agent and Depositary’s Agent Depositary in connection with the initial deposit of the Preferred Shares and the initial issuance of the Depositary Shares evidenced by the Receipts, any redemption of the Preferred Shares at the option of the Bank Company and all withdrawals of the Preferred Shares by holders of Depositary Shares. If a holder of Receipts requests the Depositary to perform duties not required under this Deposit Agreement; provided however, such requests must be confirmed in writing by the Company and must be reasonable and acceptable to the Depositary, the Depositary shall notify the holder of the cost of the performance of such duties prior to the performance thereof. Such holder will be liable for the charges and expenses related to such performance. All other fees and expenses of the Depositary and any Depositary’s Agent hereunder and of any Registrar and any Transfer Agent (including, in each case, fees and expenses of counsel) incident to the performance of their respective obligations hereunder will be promptly paid as previously agreed between the Depositary and the BankCompany. The Depositary shall present its statement for fees and expenses to the Bank Company every month quarter or at such other intervals as the Bank Company and the Depositary may agree.

Appears in 1 contract

Samples: Deposit Agreement (Weingarten Realty Investors /Tx/)

Fees, Charges and Expenses. No charges and expenses of the Depositary or any Depositary’s 's Agent hereunder shall be payable by any person, except as provided in this Section 5.75.07. The Bank Company shall pay all transfer and other taxes and governmental charges arising solely from the existence of this Deposit Agreement. The Bank Company shall also pay all fees and expenses of the Depositary, Registrar, Transfer Agent and Depositary’s Agent Depositary in connection with the initial deposit of the Preferred Shares and the initial issuance of the Depositary Shares evidenced by the Receipts, any redemption of the Preferred Shares at the option of the Bank Company and all withdrawals of the Preferred Shares by holders of Depositary Shares. If a holder of Receipts requests the Depositary to perform duties not required under this Deposit Agreement; provided however, such requests must be confirmed in writing by the Company and must be reasonable and acceptable to the Depositary, the Depositary shall notify the holder of the cost of the performance of such duties prior to the performance thereof. Such holder will be liable for the charges and expenses related to such performance. All other fees and expenses of the Depositary and any Depositary’s 's Agent hereunder and of any Registrar and any Transfer Agent (including, in each case, fees and expenses of counsel) incident to the performance of their respective obligations hereunder will be promptly paid as previously agreed between the Depositary and the BankCompany. The Depositary shall present its statement for fees and expenses to the Bank Company every month quarter or at such other intervals as the Bank Company and the Depositary may agree.

Appears in 1 contract

Samples: Deposit Agreement (Weingarten Realty Investors /Tx/)

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