Federal Income Tax Treatment Sample Clauses

Federal Income Tax Treatment. It is the intention of the Trust Depositor that the Trust be disregarded as a separate entity for federal income tax purposes pursuant to Treasury Regulations Section 301.7701-3(b)(1)(ii) as in effect for periods after January 1, 1997. The Equity Certificate constitutes the sole equity interest in the Trust and must at all times be held by either the Trust Depositor or its transferee as sole Owner. The Trust Depositor agrees not to take any action inconsistent with such intended federal income tax treatment. Because for federal income tax purposes the Trust will be disregarded as a separate entity, Trust items of income, gain, loss and deduction for any month as determined for federal income tax purposes shall be allocated entirely to the Owner; provided, that this sentence shall not limit or otherwise affect the provisions of the Transaction Documents pertaining to distributions of Trust Assets or proceeds thereof to Persons other than the Trust Depositor.
Federal Income Tax Treatment. For federal income tax purposes, the Company shall be an entity separate from the Member pursuant to Treasury Regulations Section 301.7701-3(b)(1)(ii). The Managers are hereby authorized to make such elections and to take any and all action to ensure that the Company is classified as an entity separate from the Member for federal income tax purposes.
Federal Income Tax Treatment. The Depositor, the Servicer, the Owner Trustee and each Noteholder agree to treat, and to take no action inconsistent with the treatment of, the Notes as indebtedness for purposes of federal, state, local and foreign income or franchise taxes and any other tax imposed on or measured by income. Each Noteholder, by acceptance of its Note, agrees to be bound by the provisions of this Section 2.11. Each Noteholder agrees that it will cause any Note Owner acquiring an interest in a Note through it to comply with this Agreement as to the treatment of the Notes as indebtedness under applicable tax law, as described in this Section 2.11. Furthermore, subject to Section 4.1, the Depositor and the Trustee shall treat the Trust as a security device only, and shall not file tax returns or obtain an employer identification number on behalf of the Trust. In the event that any class of Notes is deemed for federal income tax purposes to represent an equity interest in the Trust, the Trust shall be treated for federal income tax purposes as a partnership among the Holders of such Notes and the Depositor. In the event such a partnership is deemed to exist, the net income of the Trust for any month as determined for Federal income tax purposes (and each item of income, gain, loss and deduction entering into the computation thereof) shall be allocated:
Federal Income Tax Treatment. Each party shall be responsible for obtaining his, her or its own tax advice with respect to and understanding the federal income tax consequences of the transactions and the federal income tax consequences thereof contemplated by this Agreement and waives any reliance with respect thereto on any other party.
Federal Income Tax Treatment. In the event the Partnership exercises the right to purchase any Partner's interest in the Partnership under this Article 13, one hundred percent (100%) of all payments made by the Partnership to such Partner hereunder in consideration for such Partner's Partnership interest will, for federal income tax purposes, be classified as a Code Section 736(b) payment except for such Partner's share of the Partnership's "unrealized receivables," as defined in Code Section 751(c), which will be classified as a Code Section 736(a)(1) payment. The General Partner shall conclusively determine or cause to be determined any such Partner's share of "unrealized receivables." Neither the Partnership nor the General Partner shall be liable to any Person for any inaccuracy in determining any such Partner's share of the Partnership's "unrealized receivables."
Federal Income Tax Treatment. (a) For U.S. federal income tax purposes, the parties to this Indenture agree to treat the Transfer Amounts paid to the Issuer pursuant to the Collateral Administration Agreement as paid in respect of the IO Q-REMIC Interest (or as advances of such amounts to ease REMIC administration within the meaning of Treasury Regulation Section 1.860G-2(c)(3)(iii)) up to the amounts that the IO Q-REMIC Interest is entitled to receive. Any Transfer Amounts due to the Issuer under the Collateral Administration Agreement in excess of the amounts to which the IO Q-REMIC Interest is entitled will be treated for U.S. federal income tax purposes as payments in respect of a notional principal contract as specified in Section 2.23(g) below.
Federal Income Tax Treatment. It is the intent of the Parties that the Merger contemplated hereby be treated for federal income tax purposes as a tax-free merger pursuant to Section 368(a)(2)(E) of the Internal Revenue Code of 1986, as amended (the "IRC"). The Parties shall report the transactions under this Agreement consistent with such treatment, shall keep such records and file such information with respect thereto as is required by Treasury Regulation 1.368-3 and shall take no position that is contrary thereto except pursuant to an administrative finding upon the appeal of a 30-day letter or unless required to do so pursuant to a determination as defined in IRC Section 1313(a).
Federal Income Tax Treatment. In the event the Company exercises the right to purchase any Member’s or former Member’s Interest and Units under this Article XV, one hundred percent (100%) of all payments made by the Company to such Person hereunder in consideration for such Person’s Interest and Units will, for Federal income tax purposes, be classified as a Code section 736(b) payment except for such Person’s share of the Company’s “unrealized receivables,” as defined in Code section 751(c) which will be classified as a Code section 736(a)(1) payment. The Board of Managers in consultation with the Company’s accountants shall conclusively determine or cause to be determined any such Person’s share of “unrealized receivables.” The Company shall be liable to any Person for any inaccuracy in determining any Person’s share of the Company’s “unrealized receivables.”
Federal Income Tax Treatment. Parent (and each of its Affiliates) shall for federal income tax purposes treat any CVR Payment Amounts as payments made in connection with the acquisition of River Common Stock (and not as interest except to the extent that Parent is required to treat such amounts as interest under Code section 483) and neither Parent (nor any of its Affiliates) shall file a tax return or take any position inconsistent with such treatment (unless required by a determination that is final after the Parent or its Affiliate has defended such matter in good faith).