Common use of Agreed Tax Treatment of Trust and Trust Securities Clause in Contracts

Agreed Tax Treatment of Trust and Trust Securities. The parties hereto and, by its acceptance or acquisition of a Trust Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Trust Security intend and agree, unless otherwise required by law, to treat the Trust as a grantor trust for United States federal, state and local tax purposes, and to treat the Trust Securities (including all payments and proceeds with respect to such Trust Securities) as undivided beneficial ownership interests in the Trust Property (and payments and proceeds therefrom, respectively) for United States federal, state and local tax purposes and to treat the Notes as indebtedness of the Depositor for United States federal, state and local tax purposes. The provisions of this Trust Agreement shall be interpreted to further this intention and agreement of the parties.

Appears in 4 contracts

Samples: Trust Agreement (Capital Trust Inc), Trust Agreement (Vestin Realty Mortgage II, Inc), Trust Agreement (Crystal River Capital, Inc.)

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Agreed Tax Treatment of Trust and Trust Securities. The parties hereto and, by its acceptance or acquisition of a Trust Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Trust Security intend and agree, unless otherwise required by law, agree to treat the Trust as a grantor trust for United States federal, state and local tax purposespurposes as a grantor trust and not as a partnership or as an association taxable as a corporation, and to treat the Trust Securities (including all payments and proceeds with respect to such Trust Securities) as undivided beneficial ownership interests in the Trust Property (and payments and proceeds therefrom, respectively) for United States federal, state and local tax purposes and to treat the Notes as indebtedness of the Depositor for United States federal, state and local tax purposes. The provisions of this Trust Agreement shall be interpreted to further this intention and agreement of the parties.

Appears in 4 contracts

Samples: Trust Agreement (National City Corp), Trust Agreement (National City Corp), Trust Agreement (National City Corp)

Agreed Tax Treatment of Trust and Trust Securities. The parties hereto and, by its acceptance or acquisition of a Trust Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Trust Security intend and agree, unless otherwise required by law, agree to treat the Trust as a grantor trust for United States federal, state and local tax purposes, and to treat the Trust Securities (including all payments and proceeds with respect to such Trust Securities) as undivided beneficial ownership interests in the Trust Property and not as equity in the Trust (and payments and proceeds therefrom, respectively) for United States federal, state and local tax purposes purposes, and to treat the Notes as indebtedness of the Depositor for United States federal, state and local tax purposes. The provisions of this Trust Agreement shall be interpreted to further this intention and agreement of the parties.

Appears in 1 contract

Samples: Trust Agreement (New Century Financial Corp)

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Agreed Tax Treatment of Trust and Trust Securities. The parties hereto and, by its acceptance or acquisition of a Trust Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Trust Security intend and agree, unless otherwise required by law, agree (w) to treat the Trust as a grantor trust Grantor Trust for United States federal, state and local tax purposes, and (x) to treat the Trust Securities (including all payments and proceeds with respect to such Trust Securities) as undivided beneficial ownership interests in the Trust Property (and payments and proceeds therefrom, respectively) for United States federal, state and local tax purposes and purposes, (y) to treat the Notes as indebtedness of the Depositor for United States federal, state and local tax purposes. The , and (z) the provisions of this Trust Agreement shall be interpreted to further this the intention and agreement of the partiesparties set forth in this Section 10.2.

Appears in 1 contract

Samples: Trust Agreement (Hanover Capital Mortgage Holdings Inc)

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