Common use of Trust Certificate Transfer Restrictions Clause in Contracts

Trust Certificate Transfer Restrictions. The Trust Certificates may not be acquired by or for the account of (a) unless an Opinion of Counsel has been delivered in accordance with the third paragraph of Section 3.04, (i) an employee benefit plan (as defined in Section 3(3) of ERISA) that is subject to the provisions of Title I of ERISA, (ii) a plan described in Section 4975(e)(1) of the Code, (iii) any entity whose underlying assets include plan assets by reason of a plan's investment in the entity or otherwise under ERISA (each, a "Benefit Plan"), or (b) a Person who is not either (A)(1) a citizen or individual resident of the United States, (2) a corporation, partnership or other entity organized in or under the laws of the United States, any state thereof or the District of Columbia or (3) a Person not described in (A)(1) or (2) whose ownership of the Trust Certificates is effectively connected with such Person's conduct of a trade or business within the United States (within the meaning of the Code) and its ownership of any interest in a Certificate will not result in any withholding obligation with respect to any payments with respect to the Trust Certificates by any Person (other than withholding, if any, under Section 1446 of the Code) or (B) an estate the income of which is includible in gross income for federal income tax purposes regardless of source or a trust if (1) the court within the United States is able to exercise primary supervision of the administration of such trust and one or more United States persons have the authority to control all substantial decisions of the Issuer or (2) such trust was in existence on August 20, 1996 and properly elected to continue to be treated as a United States person. The purchaser of Trust Certificates must agree to provide a certification of non-foreign status signed under penalty of perjury and, alternatively, if it is a Person described in clause (A)(3) above, it will furnish to the transferor and the Owner Trustee or the Certificate Registrar a properly executed IRS Form W-8ECI and a new IRS Form W-8ECI upon the expiration or obsolescence of any previously delivered form (and such other certifications, representations or Opinions of Counsel as may be requested by the transferor and the Owner Trustee). By accepting and holding a Trust Certificate, the Holder thereof shall be deemed to have represented and warranted that it is not a Benefit Plan.

Trust Certificate Transfer Restrictions. The Trust Certificates may not be acquired by or for the account of (ai) unless an Opinion of Counsel has been described in Section 3.04 is delivered in accordance with to the third paragraph of Section 3.04Owner Trustee, (iA) an employee benefit plan (as defined in Section 3(3) of ERISA) that is subject to the provisions of Title I of ERISA, (iiB) a plan described in Section 4975(e)(1) of the Code, (iiiC) any entity whose underlying assets include plan assets by reason of a plan's investment in the entity or otherwise under ERISA (each, a "Benefit Plan"), or (bii) a Person who not is not either (A)(1) a citizen or individual resident of the United States, (2) a corporation, partnership or other entity organized in or under the laws of the United States, any state thereof or the District of Columbia or (3) a Person not described in (A)(1) or (2) whose ownership of the Trust Certificates is effectively connected with such Person's conduct of a trade or business within the United States (within the meaning of the Code) and its ownership of any interest in a Certificate will not result in any withholding obligation with respect to any payments with respect to the Trust Certificates by any Person (other than withholding, if any, under Section 1446 of the Code) or (B) an estate the income of which is includible in gross income for federal income tax purposes regardless of source or a trust if (1) the court within the United States is able to exercise primary supervision of the administration of such trust and one or more United States persons have the authority to control all substantial decisions of the Issuer or (2) such trust was in existence on August 20, 1996 and properly elected to continue to be treated as a United States person. The purchaser of Trust Certificates must agree to provide a certification of non-foreign status signed under penalty of perjury and, alternatively, if it is a Person described in clause (A)(3) above, it will furnish to the transferor and the Owner Trustee or the Certificate Registrar a properly executed IRS Form W-8ECI and a new IRS Form W-8ECI upon the expiration or obsolescence of any previously delivered form (and such other certifications, representations or Opinions of Counsel as may be requested by the transferor and the Owner Trustee). By accepting and holding a Trust Certificate, the Holder thereof shall be deemed to have represented and warranted that it is not a Benefit Plan.

Trust Certificate Transfer Restrictions. The Trust Certificates may not be acquired by or for the account of (a) unless an Opinion of Counsel has been delivered in accordance with the third paragraph of Section 3.04, (i) an employee benefit plan (as defined in Section 3(3) of ERISA) that is subject to the provisions of Title I of ERISA, (ii) a plan described in Section 4975(e)(1) of the Code that is subject to Section 4975 of the Code, (iii) any entity whose underlying assets include plan assets by reason of a plan's investment in the entity or otherwise under ERISA or a plan subject to any Similar Law (each, a "Benefit Plan"), or (b) a Person who is not either (A)(1) a citizen or individual resident of the United States, (2) a corporation, partnership or other entity organized in or under the laws of the United States, any state thereof or the District of Columbia or (3) a Person not described in (A)(1) or (2) whose ownership of the Trust Certificates is effectively connected with such Person's conduct of a trade or business within the United States (within the meaning of the Code) and its ownership of any interest in a Certificate will not result in any withholding obligation with respect to any payments with respect to the Trust Certificates by any Person (other than withholding, if any, under Section 1446 of the Code) or (B) an estate the income of which is includible in gross income for federal income tax purposes regardless of source or a trust if (1) the court within the United States is able to exercise primary supervision of the administration of such trust and one or more United States persons have the authority to control all substantial decisions of the Issuer or (2) such trust was in existence on August 20, 1996 and properly elected to continue to be treated as a United States person. The purchaser of Trust Certificates must agree to provide a certification of non-foreign status signed under penalty of perjury and, alternatively, if it is a Person described in clause (A)(3) above, it will furnish to the transferor and the Owner Trustee or the Certificate Registrar a properly executed IRS Form W-8ECI and a new IRS Form W-8ECI upon the expiration or obsolescence of any previously delivered form (and such other certifications, representations or Opinions of Counsel as may be requested by the transferor and the Owner Trustee). By accepting and holding a Trust Certificate, the Holder thereof shall be deemed to have represented and warranted that it is not a Benefit Plan.Owner

Trust Certificate Transfer Restrictions. The Trust Certificates may not be acquired by or for the account of (a) unless an Opinion of Counsel has been delivered in accordance with the third paragraph of Section 3.04, (i) an employee benefit plan (as defined in Section 3(3) of ERISA) that is subject to the provisions of Title I of ERISA, (ii) a plan described in Section 4975(e)(1) of the Code, (iii) any entity whose underlying assets include plan assets by reason of a plan's investment in the entity or otherwise under ERISA (each, a "Benefit Plan"), or (biv) a Person who not is not either (A)(1) a citizen or individual resident of the United States, (2) a corporation, partnership or other entity organized in or under the laws of the United States, any state thereof or the District of Columbia or (3) a Person not described in (A)(1) or (2) whose ownership of the Trust Certificates is effectively connected with such Person's conduct of a trade or business within the United States (within the meaning of the Code) and its ownership of any interest in a Certificate will not result in any withholding obligation with respect to any payments with respect to the Trust Certificates by any Person (other than withholding, if any, under Section 1446 of the Code) or (B) an estate the income of which is includible in gross income for federal income tax purposes regardless of source or a trust if (1) the court within the United States is able to exercise primary supervision of the administration of such trust and one or more United States persons have the authority to control all substantial decisions of the Issuer or (2) such trust was in existence on August 20, 1996 and properly elected to continue to be treated as a United States person. The purchaser of Trust Certificates must agree to provide a certification of non-foreign status signed under penalty of perjury and, alternatively, if it is a Person described in clause (A)(3) above, it will furnish to the transferor and the Owner Trustee or the Certificate Registrar a properly executed IRS Form W-8ECI and a new IRS Form W-8ECI upon the expiration or obsolescence of any previously delivered form (and such other certifications, representations or Opinions of Counsel as may be requested by the transferor and the Owner Trustee). By accepting and holding a Trust Certificate, the Holder thereof shall be deemed to have represented and warranted that it is not a Benefit Plan.