Status of Trust. It is intended that the Trust shall constitute a grantor trust under the Internal Revenue Code of 1986, as amended, and shall not be an "investment company" under the Investment Company Act of 1940, as amended. The Guarantor agrees to file all tax returns and reports on behalf of the Trust.
Status of Trust. For federal income tax purposes, each Trust formed under this Trust Agreement will be treated as a fixed investment trust under the Code and applicable Treasury Regulations, and not as an association taxable as a corporation. The Trust Documents will be interpreted so as not to provide any “power to vary the investment” (within the meaning of the applicable Treasury Regulations) of any Trust formed under this Trust Agreement. The Trustee will take any action or cause the Trust to take any action necessary (i) to create and maintain the status of each Trust as a fixed investment trust for federal income tax purposes, and (ii) to the extent not inconsistent with clause (i), to maintain the federal income tax status of any REMIC or Other Xxxxxx Mae Trust that holds Certificates of any Trust. In addition, the Trustee will refrain from taking any action, including any action otherwise permitted or required under this Agreement, that would disqualify any Trust as a fixed investment trust or change the federal income tax status of any REMIC or Other Xxxxxx Xxx Trust that holds Certificates of any Trust.
Status of Trust. The Trust is intended to be a qualified trust under section 401(a) of the Internal Revenue Code of 1986, as amended from time to time (the "Code"), and exempt from taxation pursuant to section 501(a) of the Code.
Status of Trust. For federal income tax purposes, the Trust formed under this Trust Agreement will be treated as a grantor trust under Subpart E, Part I of Subchapter J of the Code and not as an association taxable as a corporation. The Trustee and the Certificateholders shall take any action or cause the Trust to take any action necessary to create and maintain the status of the Trust as a grantor trust for federal income tax purposes and shall assist each other as necessary to create or maintain such status.
Status of Trust. It is intended that the Trust shall not be an "investment company" under the Investment Company Act of 1940, as amended. While it is expressly understood and agreed that the Trustee is acting only in a ministerial capacity hereunder, the Securities and Exchange Commission (the "Commission") has determined that as of the date hereof, the Trust is an issuer under the Federal securities laws and is thus required to sign any registration statement filed or to be filed in connection with the Receipts.
Status of Trust. For federal income tax purposes, each Trust formed under this Trust Agreement will be treated as a fixed investment trust under the Internal Revenue Code and applicable Treasury Regulations, and not as an association taxable as a corporation. The Trust Documents will be interpreted so as not to provide any “power to vary the investment” (within the meaning of the applicable Treasury Regulations) of any Trust formed under this Trust Agreement. The Trustee will take any action or cause the Trust to take any action necessary to create and maintain the status of each Trust as a fixed investment trust for federal income tax purposes; provided that if any such action would require the consent of Holders under Article XIV, the Trustee will not effect that action without the requisite consent of Holders.
Status of Trust. For federal income tax purposes, each Trust formed under this Trust Agreement will be treated as a fixed investment trust under the Code and applicable Treasury Regulations, and not as an association taxable as a corporation. The Trust Documents will be interpreted so as not to provide any “power to vary the investment” (within the meaning of the applicable Treasury Regulations) of any Trust formed under this Trust Agreement. The Trustee will take any action or cause the Trust to take any action necessary (i) to create and maintain the status of each Trust as a fixed investment trust for federal income tax purposes; and
Status of Trust. It is intended that the Trust shall not be an "Investment Company" under the 1940 Act.
Status of Trust. The Trust is intended to constitute a grantor trust under Sections 671-678 of the Internal Revenue Code, as amended, and shall be construed accordingly.
Status of Trust. The Master Trust is part of the Company’s program established for the purpose of providing deferred and incentive compensation to its directors and key employees and is intended to be exempt from Parts 1 through 4 of Title I of the Employee Retirement Income Security Act of 1974, as amended. The Company intends the Master Trust to be treated as a grantor trust of DP&L within the meaning of the Internal Revenue Code and all income attributable to the Property shall be reported by DP&L.
