Common use of Accounting; Reports; Tax Returns Clause in Contracts

Accounting; Reports; Tax Returns. (a) The Administrator has agreed pursuant to the Administration Agreement that the Administrator shall (i) maintain (or cause to be maintained) the books of the Trust on a calendar year basis on the accrual method of accounting, (ii) deliver to each Certificateholder, as may be required by the Code and applicable Treasury Regulations, such information as may be required (including Form 1099 or Schedule K-1) to enable each Certificateholder to prepare its Federal and state income tax returns, (iii) if the Investor Certificates are deemed for federal income tax purposes to represent an equity interest in the Trust, to file or cause to be filed such tax returns relating to the Trust (including a partnership information return, Form 1065), and direct the Owner Trustee to make such elections as may from time to time be required or appropriate under any applicable state or Federal statute or rule or regulation thereunder so as to maintain the Trust's characterization as a partnership for Federal income tax purposes, (iv) collect or cause to be collected any withholding tax as described in and in accordance with Section 5.2(c) with respect to income or distributions to Certificateholders and (v) file or cause to be filed all documents required to be filed by the Trust with the Securities and Exchange Commission and otherwise take or cause to be taken all such actions as are notified by the Servicer to the Administrator as being required for the Trust's compliance with all applicable provisions of state and federal securities laws.

Appears in 2 contracts

Samples: Trust Agreement (Arcadia Financial LTD), Trust Agreement (Olympic Financial LTD)

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Accounting; Reports; Tax Returns. (a) The Administrator has agreed pursuant to the Administration Agreement that the Administrator shall shall, as appropriate: (i) maintain (or cause to be maintained) the books of the Trust on a calendar year basis on the accrual method of accounting, (ii) deliver to each Certificateholder, as may be required by the Code and applicable Treasury Regulations, such information as may be required (including Form 1099 or Schedule K-1) to enable each Certificateholder to prepare its Federal federal and state income tax returns, (iii) if in the Investor Certificates event that the Noteholders of any Class are deemed to be partners in a partnership, notwithstanding Section 2.11 hereof, then to obtain a federal tax identification number for federal income tax purposes to represent an equity interest in the Trust, to and file or cause to be filed such tax returns relating to the Trust (including a partnership information return, Form 1065)Trust, and direct the Owner Trustee to make such elections as may from time to time be required or appropriate under any applicable state or Federal federal statute or rule or regulation thereunder so as to maintain the Trust's characterization as a partnership for Federal federal income tax purposes, (iv) collect or cause to be collected any withholding tax as described in and in accordance with Section 5.2(c5.2(f) with respect to income or distributions to Certificateholders and (v) file or cause to be filed all documents required to be filed by the Trust with the Securities and Exchange Commission and otherwise take or cause to be taken all such actions as are notified by the Servicer to the Administrator as being required for the Trust's compliance with all applicable provisions of state and federal securities laws.

Appears in 1 contract

Samples: Trust Agreement (Conseco Finance Corp)

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Accounting; Reports; Tax Returns. (a) The It is the intention of the parties that the Trust will be treated as a partnership for tax purposes. Accordingly, the Administrator has agreed pursuant to the Administration Agreement that the Administrator shall shall, as appropriate: (i) maintain (or cause to be maintained) the books of the Trust on a calendar year basis on the accrual method of accounting, (ii) upon request, deliver to each Certificateholder, as may be required by the Code and applicable Treasury RegulationsCode, such information as may be required (including Form 1099 or Schedule K-1) to enable each Certificateholder to prepare its Federal federal and state income tax returns, (iii) if the Investor Certificates are deemed obtain a federal tax identification number for federal income tax purposes to represent an equity interest in the Trust, to and file or cause to be filed such tax returns relating to the Trust (including a partnership information return, Form 1065once such returns are delivered to it in final form), and direct the Owner Trustee to make such elections as may from time to time be required or appropriate under any applicable state or Federal federal statute or rule or regulation thereunder so as to maintain the Trust's characterization as a partnership for Federal federal income tax purposes, (iv) collect or cause to be collected any withholding tax as described in and in accordance with Section 5.2(c5.2(f) with respect to income or distributions to Certificateholders and (v) file or cause to be filed cooperate in the filing of all documents required to be filed by the Trust with the Securities and Exchange Commission and otherwise take or cause to be taken all such actions as are notified by the Servicer to the Administrator as being required for the Trust's compliance with all applicable provisions of state and federal securities laws.

Appears in 1 contract

Samples: Trust Agreement (Arcadia Receivables Finance Corp)

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