Common use of Reimbursements Clause in Contracts

Reimbursements. The parties agree that they may negotiate from time to time for the Adviser to reimburse certain costs and expenses of the Fund. If such an agreement is in effect, the determination of whether reimbursement for such costs and expenses is due the Fund from the Adviser will be made on an accrual basis once monthly, and if it is so determined that such reimbursement is due, the accrued amount of such reimbursement that is due shall serve as an offset to the investment advisory fee payable monthly by the Fund to the Adviser pursuant to Section 4 hereof, and the amount to be paid by the Adviser to the Fund as soon as is practicable at the end of a fiscal year of the Fund shall be equal to the difference between the aggregate reimbursement due the Fund from the Adviser for that fiscal year and the aggregate offsets made by the Fund against the aggregate investment advisory fees payable to the Adviser pursuant to Section 4 hereof for that fiscal year by virtue of such aggregate reimbursement. The foregoing limitation on reimbursement of costs and expenses shall exclude distribution and service fees, brokerage commissions, short sale dividend expense, taxes, deferred organization expenses and extraordinary expenses (as determined by the Board of the Trustees of the Fund in the exercise of its business judgment).

Appears in 25 contracts

Samples: Investment Advisory Agreement (Highland Funds Ii), Investment Advisory Agreement (Highland Funds I), Investment Advisory Agreement (Highland Funds I)

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Reimbursements. The parties agree that they may negotiate from time to time for the Adviser to reimburse certain costs and expenses of the Fund. If such an agreement is in effect, the determination of whether reimbursement for such costs and expenses is due the Fund from the Adviser will be made on an accrual basis once monthly, and if it is so determined that such reimbursement is due, the accrued amount of such reimbursement that is due shall serve as an offset to the investment advisory fee payable monthly by the Fund to the Adviser pursuant to Section 4 hereof, and the amount to be paid by the Adviser to the Fund as soon as is practicable at the end of a fiscal year of the Fund shall be equal to the difference between the aggregate reimbursement due the Fund from the Adviser for that fiscal year and the aggregate offsets made by the Fund against the aggregate investment advisory fees payable to the Adviser pursuant to Section 4 hereof for that fiscal year by virtue of such aggregate reimbursement. The foregoing limitation on reimbursement of costs and expenses shall exclude distribution and service fees, brokerage commissions, short sale dividend expense, taxes, deferred organization expenses and extraordinary expenses (as determined by the Board of the Trustees of the Fund in the exercise of its business judgment). SECTION 6.

Appears in 20 contracts

Samples: Investment Advisory Agreement (Highland Funds Ii), Investment Advisory Agreement (Highland Funds Ii), Investment Advisory Agreement (Highland Funds Ii)

Reimbursements. The parties agree that they may negotiate from time to time for the Adviser to reimburse certain costs and expenses of the Fund. If such an agreement is in effect, the determination of whether reimbursement for such costs and expenses is due the Fund from the Adviser will be made on an accrual basis once monthly, and if it is so determined that such reimbursement is due, the accrued amount of such reimbursement that is due shall serve as an offset to the investment advisory fee payable monthly by the Fund to the Adviser pursuant to Section 4 hereof, and the amount to be paid by the Adviser to the Fund as soon as is practicable at the end of a fiscal year of the Fund shall be equal to the difference between the aggregate reimbursement due the Fund from the Adviser for that fiscal year and the aggregate offsets made by the Fund against the aggregate investment advisory fees payable to the Adviser pursuant to Section 4 hereof for that fiscal year by virtue of such aggregate reimbursement. The foregoing limitation on reimbursement of costs and expenses shall exclude distribution and service fees, brokerage commissions, short sale dividend and interest expense, taxes, deferred organization expenses and extraordinary expenses (as determined by the Board of the Trustees of the Fund in the exercise of its business judgment).

Appears in 10 contracts

Samples: Investment Advisory Agreement (Pyxis Funds Ii), Investment Advisory Agreement (Highland Funds Ii), Investment Advisory Agreement (Pyxis Funds I)

Reimbursements. The parties agree that they may negotiate from time to time for the Adviser Manager to reimburse certain costs and expenses of the Fund. If such an agreement is in effect, the determination of whether reimbursement for such costs and expenses is due the Fund from the Adviser Manager will be made on an accrual basis once monthly, and if it is so determined that such reimbursement is due, the accrued amount of such reimbursement that which is due shall serve as an offset to the investment advisory fee payable monthly by the Fund to the Adviser Manager pursuant to Section 4 hereof, and the amount to be paid by the Adviser Manager to the Fund as soon as is practicable at the end of a fiscal year of the Fund shall be equal to the difference between the aggregate reimbursement due the Fund from the Adviser Manager for that fiscal year and the aggregate offsets made by the Fund against the aggregate investment advisory fees payable to the Adviser Manager pursuant to Section 4 hereof for that fiscal year by virtue of such aggregate reimbursement. The foregoing limitation on reimbursement of costs and expenses shall exclude distribution and service fees, brokerage commissions, short sale dividend expenseinterest, taxes, deferred organization expenses brokers’ charges and expenses, extraordinary costs and expenses (as determined by the Board of the Trustees of the Fund in the its exercise of its business judgment), and, if payable by the Fund, the costs and expenses incident to the public offering or private placement of securities of the Fund, including debt securities.

Appears in 5 contracts

Samples: Investment Advisory Agreement (Highland Floating Rate Advantage Fund), Investment Advisory Agreement (Highland Floating Rate Fund), Investment Advisory Agreement (Highland Floating Rate Advantage Fund)

Reimbursements. The parties agree that they may negotiate from time to time for the Adviser to reimburse certain costs and expenses of the a Fund. If such an agreement is in effect, the determination of whether reimbursement for such costs and expenses is due the a Fund from the Adviser will be made on an accrual basis once monthly, and if it is so determined that such reimbursement is due, the accrued amount of such reimbursement that is due shall serve as an offset to the investment advisory fee payable monthly by the Fund to the Adviser pursuant to Section 4 hereof, and the amount to be paid by the Adviser to the Fund as soon as is practicable at the end of a fiscal year of the Fund shall be equal to the difference between the aggregate reimbursement due the Fund from the Adviser for that fiscal year and the aggregate offsets made by the Fund against the aggregate investment advisory fees payable to the Adviser pursuant to Section 4 hereof for that fiscal year by virtue of such aggregate reimbursement. The foregoing limitation on reimbursement of costs and expenses shall exclude distribution and service fees, brokerage commissions, short sale dividend and interest expense, taxes, deferred organization expenses organizational expenses, and extraordinary expenses (as determined by the Board of the Trustees of the Fund Funds in the exercise of its business judgment).

Appears in 4 contracts

Samples: Investment Advisory Agreement (Highland Funds I), Investment Advisory Agreement (Highland Funds I), Investment Advisory Agreement (Highland Funds I)

Reimbursements. The parties agree that they may negotiate from time to time for the Adviser to reimburse certain costs and expenses of the a Fund. If such an agreement is in effect, the determination of whether reimbursement for such costs and expenses is due the a Fund from the Adviser will be made on an accrual basis once monthly, and if it is so determined that such reimbursement is due, the accrued amount of such reimbursement that is due shall serve as an offset to the investment advisory fee payable monthly by the Fund to the Adviser pursuant to Section 4 hereof, and the amount to be paid by the Adviser to the Fund as soon as is practicable at the end of a fiscal year of the Fund shall be equal to the difference between the aggregate reimbursement due the Fund from the Adviser for that fiscal year and the aggregate offsets made by the Fund against the aggregate investment advisory fees payable to the Adviser pursuant to Section 4 hereof for that fiscal year by virtue of such aggregate reimbursement. The foregoing limitation on reimbursement of costs and expenses shall exclude distribution and service fees, brokerage commissions, short sale dividend and interest expense, taxes, deferred organization organizational expenses and extraordinary expenses (as determined by the Board of the Trustees of the Fund in the exercise of its business judgment).

Appears in 3 contracts

Samples: Investment Advisory Agreement (Highland Funds I), Investment Advisory Agreement (Highland Funds I), Investment Advisory Agreement (Highland Funds I)

Reimbursements. The parties agree that they may negotiate from time to time for the Adviser to reimburse certain costs and expenses of the Fund. If such an agreement is in effect, the determination of whether reimbursement for such costs and expenses is due the Fund from the Adviser will be made on an accrual basis once monthly, and if it is so determined that such reimbursement is due, the accrued amount of such reimbursement that is due shall serve as an offset to the investment advisory fee payable monthly by the Fund to the Adviser pursuant to Section 4 hereof, and the amount to be paid by the Adviser to the Fund as soon as is practicable at the end of a fiscal year of the Fund shall be equal to the difference between the aggregate reimbursement due the Fund from the Adviser for that fiscal year and the aggregate offsets made by the Fund against the aggregate investment advisory fees payable to the Adviser pursuant to Section 4 hereof for that fiscal year by virtue of such aggregate reimbursement. The foregoing limitation on reimbursement of costs and expenses shall exclude distribution and service fees, brokerage commissions, short sale dividend and interest expense, taxes, deferred organization organizational expenses and extraordinary expenses (as determined by the Board of the Trustees of the Fund in the exercise of its business judgment).

Appears in 3 contracts

Samples: Investment Advisory Agreement (Highland Funds I), Investment Advisory Agreement (Highland Funds I), Investment Advisory Agreement (Highland Funds I)

Reimbursements. The parties agree that they may negotiate from time to time for the Adviser to reimburse certain costs and expenses of the FundTrust. If such an agreement is in effect, the determination of whether reimbursement for such costs and expenses is due the Fund Trust from the Adviser will be made on an accrual basis once monthly, and if it is so determined that such reimbursement is due, the accrued amount of such reimbursement that is due shall serve as an offset to the investment advisory fee payable monthly by the Fund Trust to the Adviser pursuant to Section 4 hereof, and the amount to be paid by the Adviser to the Fund Trust as soon as is practicable at the end of a fiscal year of the Fund Trust shall be equal to the difference between the aggregate reimbursement due the Fund Trust from the Adviser for that fiscal year and the aggregate offsets made by the Fund Trust against the aggregate investment advisory fees payable to the Adviser pursuant to Section 4 hereof for that fiscal year by virtue of such aggregate reimbursement. The foregoing limitation on reimbursement of costs and expenses shall exclude distribution and service fees, brokerage commissions, short sale dividend expense, taxes, deferred organization expenses and extraordinary expenses (as determined by the Board of the Trustees of the Fund Trust in the exercise of its business judgment).

Appears in 2 contracts

Samples: Form of Investment Advisory Agreement (Highland Global Allocation Fund), Investment Advisory Agreement (Highland Global Allocation Fund)

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Reimbursements. The parties agree that they may negotiate from time to time for the Adviser to reimburse certain costs and expenses of the Fund. If such an agreement is in effect, the determination of whether reimbursement for such costs and expenses is due the Fund from the Adviser will be made on an accrual basis once monthly, and if it is so determined that such reimbursement is due, the accrued amount of such reimbursement that is due shall serve as an offset to the investment advisory fee payable monthly by the Fund to the Adviser pursuant to Section 4 hereof, and the amount to be paid by the Adviser to the Fund as soon as is practicable at the end of a fiscal year of the Fund shall be equal to the difference between the aggregate reimbursement due the Fund from the Adviser for that fiscal year and the aggregate offsets made by the Fund against the aggregate investment advisory fees payable to the Adviser pursuant to Section 4 hereof for that fiscal year by virtue of such aggregate reimbursement. The foregoing limitation on reimbursement of costs and expenses shall exclude distribution and service fees, brokerage commissions, short sale dividend and interest expense, taxes, deferred organization organizational expenses and extraordinary expenses (as determined by the Board of the Trustees of the Fund in the exercise of its business judgment). SECTION 6.

Appears in 1 contract

Samples: Investment Advisory Agreement Agreement (Highland Funds I)

Reimbursements. The parties agree that they may negotiate from time to time for the Adviser Manager to reimburse certain costs and expenses of the FundLLC. If such an agreement is in effect, the determination of whether reimbursement for such costs and expenses is due the Fund LLC from the Adviser Manager will be made on an accrual basis once monthly, and if it is so determined that such reimbursement is due, the accrued amount of such reimbursement that which is due shall serve as an offset to the investment advisory fee payable monthly by the Fund LLC to the Adviser Manager pursuant to Section 4 hereof, and the amount to be paid by the Adviser Manager to the Fund LLC as soon as is practicable at the end of a fiscal year of the Fund LLC shall be equal to the difference between the aggregate reimbursement due the Fund LLC from the Adviser Manager for that fiscal year and the aggregate offsets made by the Fund LLC against the aggregate investment advisory fees payable to the Adviser Manager pursuant to Section 4 hereof for that fiscal year by virtue of such aggregate reimbursement. The foregoing limitation on reimbursement of costs and expenses shall exclude distribution and service fees, brokerage commissions, short sale dividend expenseinterest, taxes, deferred organization expenses brokers' charges and expenses, extraordinary costs and expenses (as determined by the Board of the Trustees of the Fund in the its exercise of its business judgment), and, if payable by the LLC, the costs and expenses incident to the public offering or private placement of securities of the LLC, including debt securities. SECTION 6.

Appears in 1 contract

Samples: Highland Floating Rate LTD Liability Co

Reimbursements. The parties agree that they may negotiate from time to time for the Adviser to reimburse certain costs and expenses of the Fund. If such an agreement is in effect, the determination of whether reimbursement for such costs and expenses is due the Fund from the Adviser will be made on an accrual basis once monthly, and if it is so determined that such reimbursement is due, the accrued amount of such reimbursement that is due shall serve as an offset to the investment advisory fee payable monthly by the Fund to the Adviser pursuant to Section 4 hereof, and the amount to be paid by the Adviser to the Fund as soon as is practicable at the end of a fiscal year of the Fund shall be equal to the difference between the aggregate reimbursement Exhibit (d) due the Fund from the Adviser for that fiscal year and the aggregate offsets made by the Fund against the aggregate investment advisory fees payable to the Adviser pursuant to Section 4 hereof for that fiscal year by virtue of such aggregate reimbursement. The foregoing limitation on reimbursement of costs and expenses shall exclude distribution and service fees, brokerage commissions, short sale dividend expense, taxes, deferred organization expenses and extraordinary expenses (as determined by the Board of the Trustees of the Fund in the exercise of its business judgment).

Appears in 1 contract

Samples: Investment Advisory Agreement (Highland Floating Rate Opportunities Fund Ii)

Reimbursements. The parties agree that they may negotiate from time to time for the Adviser to reimburse certain costs and expenses of the Fund. If such an agreement is in effect, the determination of whether reimbursement whetherreimbursement for such costs and expenses is due the Fund from the Adviser will be made on an accrual basis once monthly, and if it is so determined that such reimbursement is due, the accrued amount of such reimbursement that is due shall serve as an offset to the investment advisory fee payable monthly by the Fund to the Adviser pursuant to Section 4 hereof, and the amount to be paid by the Adviser to the Fund as soon as is practicable at the end of a fiscal year of the Fund shall be equal to the difference between the aggregate reimbursement due the Fund from the Adviser for that fiscal year and the aggregate offsets made by the Fund against the aggregate investment advisory fees payable to the Adviser pursuant to Section 4 hereof for that fiscal year by virtue of such aggregate reimbursement. The foregoing limitation on reimbursement of costs and expenses shall exclude distribution and service fees, brokerage commissions, short sale dividend expense, taxes, deferred organization expenses and extraordinary expenses (as determined by the Board of the Trustees of the Fund in the exercise of its business judgment).

Appears in 1 contract

Samples: Investment Advisory Agreement (Highland Funds I)

Reimbursements. The parties agree that they may negotiate from time to time for the Adviser Manager to reimburse certain costs and expenses of the Fund. If such an agreement is in effect, the determination of whether reimbursement for such costs and expenses is due the Fund from the Adviser Manager will be made on an accrual basis once monthly, and if it is so determined that such reimbursement is due, the accrued amount of such reimbursement that which is due shall serve as an offset to the investment advisory fee payable monthly by the Fund to the Adviser Manager pursuant to Section 4 hereof, and the amount to be paid by the Adviser Manager to the Fund as soon as is practicable at the end of a fiscal year of the Fund shall be equal to the difference between the aggregate reimbursement due the Fund from the Adviser Manager for that fiscal year and the aggregate offsets made by the Fund against the aggregate investment advisory fees payable to the Adviser Manager pursuant to Section 4 hereof for that fiscal year by virtue of such aggregate reimbursement. The foregoing limitation on reimbursement of costs and expenses shall exclude distribution and service fees, brokerage commissions, short sale dividend expenseinterest, taxes, deferred organization expenses brokers' charges and expenses, extraordinary costs and expenses (as determined by the Board of the Trustees of the Fund in the its exercise of its business judgment), and, if payable by the Fund, the costs and expenses incident to the public offering or private placement of securities of the Fund, including debt securities. SECTION 6.

Appears in 1 contract

Samples: Investment Advisory Agreement (Highland Floating Rate Advantage Fund)

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