Common use of Tax Characterization Clause in Contracts

Tax Characterization. Each party to this Agreement (a) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federal, state and local income and franchise tax purposes, the Series 2009-1 Notes will be treated as evidence of indebtedness, (b) agrees to treat the Series 2009-1 Notes for all such purposes as indebtedness and (c) agrees that the provisions of the Related Documents shall be construed to further these intentions.

Appears in 4 contracts

Samples: Note Purchase Agreement (Hertz Global Holdings Inc), Note Purchase Agreement (Hertz Global Holdings Inc), Note Purchase Agreement (Cinelease, LLC)

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Tax Characterization. Each party to this Agreement (a) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federal, state State and local income and franchise tax purposes, the Series 2009-1 Notes will be treated as evidence of indebtednessindebtedness issued by the Issuer, (b) agrees to treat the Series 2009-1 Notes for all such purposes as indebtedness and (c) agrees that the provisions of the Related Basic Documents shall be construed to further these intentions.

Appears in 2 contracts

Samples: Note Purchase Agreement (Consumer Portfolio Services Inc), Note Purchase Agreement (Consumer Portfolio Services Inc)

Tax Characterization. Each party to this Agreement (a) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state state, local and local foreign income and franchise tax Tax purposes, the Series 20092021-1 Class A-1 Notes will be treated as evidence of indebtedness, (b) agrees to treat the Series 20092021-1 Class A-1 Notes for all such purposes as indebtedness and (c) agrees that the provisions of the Related Documents shall be construed to further these intentions.

Appears in 2 contracts

Samples: Note Purchase Agreement (Wendy's Co), Note Purchase Agreement (Wendy's Co)

Tax Characterization. Each party to this Agreement (a) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state and local income and franchise tax Tax purposes, the Series 20092021-1 Class A-1 Notes will be treated as evidence of indebtedness, (b) agrees to treat the Series 20092021-1 Class A-1 Notes for all such purposes as indebtedness and (c) agrees that the provisions of the Related Documents shall be construed to further these intentions.

Appears in 2 contracts

Samples: Note Purchase Agreement (Dominos Pizza Inc), Note Purchase Agreement (Dominos Pizza Inc)

Tax Characterization. Each party to this Agreement (a) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state and local income and franchise tax purposes, the Series 20092012-1 Class A-1 Notes will be treated as evidence of indebtedness, (b) agrees to treat the Series 20092012-1 Class A-1 Notes for all such purposes as indebtedness and (c) agrees that the provisions of the Related Documents shall be construed to further these intentions.

Appears in 2 contracts

Samples: Note Purchase Agreement (Dominos Pizza Inc), Note Purchase Agreement (Iconix Brand Group, Inc.)

Tax Characterization. Each party to this Agreement (a) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state and local income and franchise tax purposes, the Series 20092014-1 Class A-1 Notes will be treated as evidence of indebtedness, (b) agrees to treat the Series 20092014-1 Class A-1 Notes for all such purposes as indebtedness and (c) agrees that the provisions of the Related Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (DineEquity, Inc)

Tax Characterization. Each party to this Agreement (a) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state and local income and franchise tax Tax purposes, the Series 20092015-1 Class A‑1 Notes will be treated as evidence of indebtedness, (b) agrees to treat the Series 20092015-1 Class A‑1 Notes for all such purposes as indebtedness and (c) agrees that the provisions of the Related Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (Wendy's Co)

Tax Characterization. Each party to this Agreement (a) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state state, local and local foreign income and franchise tax purposes, the Series 20092019-1 Class A-1 Notes will be treated as evidence of indebtedness, (b) agrees to treat the Series 20092019-1 Class A-1 Notes for all such purposes as indebtedness and (c) agrees that the provisions of the Related Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (Dunkin' Brands Group, Inc.)

Tax Characterization. Each party to this Agreement (a) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state state, local and local foreign income and franchise tax Tax purposes, the Series 20092018-1 Class A-1 Notes will be treated as evidence of indebtedness, (b) agrees to treat the Series 20092018-1 Class A-1 Notes for all such purposes as indebtedness and (c) agrees that the provisions of the Related Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (Planet Fitness, Inc.)

Tax Characterization. Each party to this Agreement (a) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state and local income and franchise tax Tax purposes, the Series 20092015-1 Class A-1 Notes will be treated as evidence of indebtedness, (b) agrees to treat the Series 20092015-1 Class A-1 Notes for all such purposes as indebtedness and (c) agrees that the provisions of the Related Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (Dominos Pizza Inc)

Tax Characterization. (a) Each party to this Agreement (ai) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state and local income and franchise tax purposes, the Series 20092020-1 Class A 1 Notes will be treated as evidence of indebtedness, (bii) agrees to treat the Series 20092020-1 Class A 1 Notes for all such purposes as indebtedness and (ciii) agrees that the provisions of the Related Transaction Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (Wingstop Inc.)

Tax Characterization. Each party to this Agreement (a) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state and local income and franchise tax purposes, the Series 20092007-1 Class A-1 Notes will be treated as evidence of indebtedness, (b) agrees to treat the Series 20092007-1 Class A-1 Notes for all such purposes as indebtedness and (c) agrees that the provisions of the Related Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (Dominos Pizza Inc)

Tax Characterization. (a) Each party to this Agreement (ai) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state and local income and franchise tax purposes, the Series 20092019-1 Class A-1 Notes will be treated as evidence of indebtedness, (bii) agrees to treat the Series 20092019-1 Class A-1 Notes for all such purposes as indebtedness and (ciii) agrees that the provisions of the Related Transaction Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (Dine Brands Global, Inc.)

Tax Characterization. (a) Each party to this Agreement (ai) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state and local income and franchise tax purposes, the Series 20092020-1 Class A-1 Notes will be treated as evidence of indebtedness, (bii) agrees to treat the Series 20092020-1 Class A-1 Notes for all such purposes as indebtedness and (ciii) agrees that the provisions of the Related Transaction Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (Vale Merger Sub, Inc.)

Tax Characterization. Each party to this Agreement (a) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state and local income and franchise tax purposes, the Series 20092015-1 Class A-1 Notes will be treated as evidence of indebtedness, (b) agrees to treat the Series 20092015-1 Class A-1 Notes for all such purposes as indebtedness and (c) agrees that the provisions of the Related Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (Dunkin' Brands Group, Inc.)

Tax Characterization. (a) . (a) Each party to this Agreement (ai) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state and local income and franchise tax purposes, the Series 20092018-1 Class A-1 Notes will be treated as evidence of indebtedness, (bii) agrees to treat the Series 20092018-1 Class A-1 Notes for all such purposes as indebtedness and (ciii) agrees that the provisions of the Related Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (Dine Brands Global, Inc.)

Tax Characterization. (a) Each party to this Agreement (ai) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state and local income and franchise tax purposes, the Series 20092018-1 Class A‑1 Notes will be treated as evidence of indebtedness, (bii) agrees to treat the Series 20092018-1 Class A‑1 Notes for all such purposes as indebtedness and (ciii) agrees that the provisions of the Related Transaction Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (Wingstop Inc.)

Tax Characterization. (a) Each party to this Agreement (ai) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federal, state and local income and franchise United States tax purposes, the Series 20092021-1 Class A-1 Notes will be treated as evidence of indebtedness, (bii) agrees to treat the Series 20092021-1 Class A-1 Notes for all such purposes as indebtedness and (ciii) agrees that the provisions of the Related Transaction Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (DigitalBridge Group, Inc.)

Tax Characterization. Each party to this Agreement (a) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federal, state and local income and franchise tax purposes, the Series 20092008-1 Notes will be treated as evidence of indebtedness, (b) agrees to treat the Series 20092008-1 Notes for all such purposes as indebtedness and (c) agrees that the provisions of the Related Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (Hertz Global Holdings Inc)

Tax Characterization. Section 9.10. Each party to this Agreement (ai) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state and local income and franchise tax purposes, the Series 20092022-1 Class A-1 Notes will be treated as evidence of indebtedness, (bii) agrees to treat the Series 20092022-1 Class A-1 Notes for all such purposes as indebtedness and (ciii) agrees that the provisions of the Related Transaction Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (Dine Brands Global, Inc.)

Tax Characterization. Each party to this Agreement (a) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state and local income and franchise tax Tax purposes, the Series 20092019-1 Class A‑1 Notes will be treated as evidence of indebtedness, (b) agrees to treat the Series 20092019-1 Class A‑1 Notes for all such purposes as indebtedness and (c) agrees that the provisions of the Related Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (Jack in the Box Inc /New/)

Tax Characterization. Each party to this Agreement (a) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state state, local and local foreign income and franchise tax Tax purposes, the Series 20092022-1 Class A-1 Notes will be treated as evidence of indebtedness, (b) agrees to treat the Series 20092022-1 Class A-1 Notes for all such purposes as indebtedness and (c) agrees that the provisions of the Related Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (Planet Fitness, Inc.)

Tax Characterization. (a) Each party to this Agreement (ai) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all FederalUnited States federal, state state, local and local non-U.S. income and or franchise tax purposes, the Series 20092023-1 2 Class A-1 Notes will be treated as evidence of indebtedness, (bii) agrees to treat the Series 20092023-1 2 Class A-1 Notes for all such purposes as indebtedness and (ciii) agrees that the provisions of the Related Transaction Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (Frontier Communications Parent, Inc.)

Tax Characterization. (a) Each party to this Agreement (ai) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state state, local and local foreign income and franchise tax purposes, the Series 20092022-1 Class A‑1 Notes will be treated as evidence of indebtedness, (bii) agrees to treat the Series 20092022-1 Class A‑1 Notes for all such purposes as indebtedness and (ciii) agrees that the provisions of the Related Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (European Wax Center, Inc.)

Tax Characterization. (a) Each party to this Agreement (ai) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state and local income and franchise tax purposes, the Series 20092019-1 3 Class A-1 Notes will be treated as evidence of indebtedness, (bii) agrees to treat the Series 20092019-1 3 Class A-1 Notes for all such purposes as indebtedness and (ciii) agrees that the provisions of the Related Transaction Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (Driven Brands Holdings Inc.)

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Tax Characterization. Each party to this Agreement (a) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state and local income and franchise tax Tax purposes, the Series 20092018-1 Class A‑1 Notes will be treated as evidence of indebtedness, (b) agrees to treat the Series 20092018-1 Class A‑1 Notes for all such purposes as indebtedness and (c) agrees that the provisions of the Related Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (Wendy's Co)

Tax Characterization. Each party to this Agreement (a) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federal, state and local income and franchise tax purposes, the Series 20092007-1 2 Notes will be treated as evidence of indebtedness, (b) agrees to treat the Series 20092007-1 2 Notes for all such purposes as indebtedness and (c) agrees that the provisions of the Related Transaction Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (Ihop Corp)

Tax Characterization. Each party to this Agreement (a) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state and local income and franchise tax Tax purposes, the Series 20092019-1 Class A-1 Notes will be treated as evidence of indebtedness, (b) agrees to treat the Series 20092019-1 Class A-1 Notes for all such purposes as indebtedness and (c) agrees that the provisions of the Related Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (Dominos Pizza Inc)

Tax Characterization. Each party to this Agreement (a) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state and local income and franchise tax purposes, the Series 20092002-1 Notes Note will be treated as evidence of indebtednessindebtedness issued by TFFC, (b) agrees to treat the Series 20092002-1 Notes Note for all such purposes as indebtedness (unless instructed to treat such Series 2002-1 Note otherwise by an applicable taxing authority) and (c) agrees that the provisions of the Related Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (Budget Group Inc)

Tax Characterization. Each party to this Agreement (a) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state state, local and local foreign income and franchise tax Tax purposes, the Series 20092020-1 Class A-1 Notes will be treated as evidence of indebtedness, (b) agrees to treat the Series 20092020-1 Class A-1 Notes for all such purposes as indebtedness and (c) agrees that the provisions of the Related Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (Wendy's Co)

Tax Characterization. (a) . (a) Each party to this Agreement (ai) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state and local income and franchise tax purposes, the Series 20092022-1 Class A-1 Notes will be treated as evidence of indebtedness, (bii) agrees to treat the Series 20092022-1 Class A-1 Notes for all such purposes as indebtedness and (ciii) agrees that the provisions of the Related Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (Dominos Pizza Inc)

Tax Characterization. Each party to this Agreement (a) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state state, local and local foreign income and franchise tax Tax purposes, the Series 20092019-1 Class A-1 Notes will be treated as evidence of indebtedness, (b) agrees to treat the Series 20092019-1 Class A-1 Notes for all such purposes as indebtedness and (c) agrees that the provisions of the Related Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (Wendy's Co)

Tax Characterization. Each party to this Agreement (a) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state state, local and local foreign income and franchise tax purposes, the Series 20092017-1 Class A-1 Notes will be treated as evidence of indebtedness, (b) agrees to treat the Series 20092017-1 Class A-1 Notes for all such purposes as indebtedness and (c) agrees that the provisions of the Related Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (Dunkin' Brands Group, Inc.)

Tax Characterization. Each party to this Agreement (a) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federal, state and local income and franchise tax purposes, the Series 20092010-1 2 Notes will be treated as evidence of indebtedness, (b) agrees to treat the Series 20092010-1 2 Notes for all such purposes as indebtedness and (c) agrees that the provisions of the Series 2010-2 Related Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Series 2010 2 Note Purchase Agreement (Hertz Global Holdings Inc)

Tax Characterization. Each party to this Agreement (a) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state and local income and franchise tax purposes, the Series 20092007-1 Class A-1 Notes will be treated as evidence of indebtedness, (b) agrees to treat the Series 20092007-1 Class A-1 Notes for all such purposes as indebtedness and (c) agrees that the provisions of the Related Transaction Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (Ihop Corp)

Tax Characterization. Each party to this Agreement (a) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state and local income and franchise tax Tax purposes, the Series 20092022-1 Class A‑1 Notes will be treated as evidence of indebtedness, (b) agrees to treat the Series 20092022-1 Class A‑1 Notes for all such purposes as indebtedness and (c) agrees that the provisions of the Related Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (Jack in the Box Inc)

Tax Characterization. (a) Each party to this Agreement (ai) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state and local income and franchise tax purposes, the Series 20092016-1 Class A-1 Notes will be treated as evidence of indebtedness, (bii) agrees to treat the Series 20092016-1 Class A-1 Notes for all such purposes as indebtedness and (ciii) agrees that the provisions of the Related Transaction Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (Yum Brands Inc)

Tax Characterization. Each party to this Agreement (a) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state and local income and franchise tax Tax purposes, the Series 20092017-1 Class A-1 Notes will be treated as evidence of indebtedness, (b) agrees to treat the Series 20092017-1 Class A-1 Notes for all such purposes as indebtedness and (c) agrees that the provisions of the Related Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (Dominos Pizza Inc)

Tax Characterization. Each party to this Agreement (a) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federal, state and local income and franchise tax purposes, the Series 20092000-1 Notes Note will be treated as evidence of indebtednessindebtedness issued by the Borrower, (b) agrees to treat the Series 20092000-1 Notes Note for all such purposes as indebtedness and (c) agrees that the provisions of the Related Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Bridge Loan Agreement (Budget Group Inc)

Tax Characterization. (a) Each party to this Agreement (ai) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federalfederal, state and local income and franchise tax purposes, the Series 20092017-1 Class A-1 Notes will be treated as evidence of indebtedness, (bii) agrees to treat the Series 20092017-1 Class A-1 Notes for all such purposes as indebtedness and (ciii) agrees that the provisions of the Related Transaction Documents shall be construed to further these intentions.

Appears in 1 contract

Samples: Note Purchase Agreement (Jay Merger Sub, Inc.)

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