Common use of Agreed Tax Treatment Clause in Contracts

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States Federal, state and local tax purposes it is intended that such Security constitutes indebtedness.

Appears in 44 contracts

Samples: Junior Subordinated Indenture (Gainsco Inc), Junior Subordinated Indenture (First Empire State Corp), Junior Subordinated Indenture (Equitable Resources Capital Trust I)

AutoNDA by SimpleDocs

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States Federal, state and local tax purposes it is intended that such Security constitutes constitute indebtedness.

Appears in 41 contracts

Samples: Junior Subordinated Indenture (Asbc Capital Ii), Junior Subordinated Indenture (Lincoln National Corp), Junior Subordinated Indenture (Quanta Capital Holdings LTD)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States Federalfederal, state and local tax purposes it is intended that such Security constitutes indebtedness.

Appears in 25 contracts

Samples: Junior Subordinated Indenture (American Safety Insurance Group LTD), Senior Subordinated Indenture (Superior National Insurance Group Inc), Junior Subordinated Indenture (Mason Dixon Capital Trust Ii)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company and, by its acceptance or acquisition of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a direct or indirect beneficial interest in, such Security, intend and agree to treat such Security agree that as indebtedness of the Company for United States Federal, state and local tax purposes it is intended that such Security constitutes indebtednesspurposes. The provisions of this Indenture shall be interpreted to further this intention and agreement of the parties.

Appears in 17 contracts

Samples: Junior Subordinated Indenture (Validus Holdings LTD), Junior Subordinated Indenture (Beazer Homes Usa Inc), Junior Subordinated Indenture (Thornburg Mortgage Inc)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company Corporation and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States Federal, state and local tax purposes it is intended that such Security constitutes indebtedness.

Appears in 12 contracts

Samples: Junior Subordinated Indenture (Compass Trust Ii), Junior Subordinated Indenture (Bank of New York Co Inc), Junior Subordinated Indenture (Bt Capital Trust B)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States Federal, state and local tax purposes it is intended intend that such Security constitutes indebtednessindebtedness and agree to treat such Security as indebtedness for United States federal, local and state tax purposes.

Appears in 11 contracts

Samples: Indenture (Provident Capital Trust Iv), Junior Subordinated Indenture (First Tennessee National Corp), Indenture (Provident Capital Trust Iii)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company Corporation and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States Federalfederal, state and local tax purposes it is intended that such Security constitutes indebtedness.

Appears in 10 contracts

Samples: Junior Subordinated Indenture (Riggs National Corp), Junior Subordinated Indenture (Scana Corp), Junior Subordinated Indenture (South Carolina Electric & Gas Co)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company and, by its acceptance of a Security or a beneficial interest therein, the Holder holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States Federalfederal, state and local tax purposes it is intended that such Security constitutes constitute indebtedness.

Appears in 9 contracts

Samples: Junior Subordinated Indenture (Dominion Resources Inc /Va/), Junior Subordinated Indenture (Laclede Gas Co), Indenture (Bear Stearns Capital Trust I)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company Company, the Guarantor and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States Federal, state and local tax purposes it is intended that such Security constitutes constitute indebtedness.

Appears in 6 contracts

Samples: Indenture (Assured Guaranty US Holdings Inc.), Indenture (Assured Guaranty LTD), Indenture (Ace Ina Holdings Inc)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company and, by its acceptance or acquisition of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a direct or indirect beneficial interest in, such Security intend and agree that to treat such Security as indebtedness of the Company for United States Federal, state and local tax purposes it is intended that such Security constitutes indebtednesspurposes. The provisions of this Indenture shall be interpreted to further this intention and agreement of the parties.

Appears in 6 contracts

Samples: Indenture (Amcomp Inc /Fl), Indenture (Amcomp Inc /Fl), Indenture (Anthracite Capital Inc)

Agreed Tax Treatment. (a) Each Security issued hereunder shall provide that the Company and, by its acceptance or acquisition of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a direct or indirect beneficial interest in, such Security, intend and agree, unless otherwise required by law, to treat such Security agree that as indebtedness of the Company for United States Federal, state and local and foreign tax purposes it is intended that such Security constitutes indebtednesspurposes. The provisions of this Indenture shall be interpreted to further this intention and agreement of the parties.

Appears in 5 contracts

Samples: Junior Subordinated Indenture (Arbor Realty Trust Inc), Junior Subordinated Indenture (Arbor Realty Trust Inc), Junior Subordinated Indenture (Arbor Realty Trust Inc)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company and, by its acceptance or acquisition of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a direct or indirect beneficial interest in, such Security, intend and agree to treat such Security agree that as indebtedness of the Company for United States Federalfederal, state and local tax purposes it is intended that such Security constitutes indebtednesspurposes. The provisions of this Indenture shall be interpreted to further this intention and agreement of the parties.

Appears in 5 contracts

Samples: Indenture (RAIT Financial Trust), Indenture (Novastar Financial Inc), Indenture (Novastar Financial Inc)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company and, by its acceptance or acquisition of a Security or a beneficial interest therein, the each Holder of, and any Person that acquires a direct or indirect beneficial interest in, such Security, intend and agree to treat such Security agree that as indebtedness of the Company for United States Federal, state and local and foreign tax purposes it is intended that such Security constitutes indebtednesspurposes. The provisions of this Indenture shall be interpreted to further this intention and agreement of the parties.

Appears in 4 contracts

Samples: Junior Subordinated Indenture (Capital Trust Inc), Subordinated Indenture (Capital Trust Inc), Junior Subordinated Indenture (Capital Trust Inc)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security agree that to treat for United States FederalU.S. federal, state and local tax purposes it is intended that such Security constitutes indebtednessas indebtedness of the Company and to treat for U.S. federal income tax purposes stated interest on the Security as ordinary interest income that is includible in gross income to such Holder or other Person at the time the interest is paid or accrued in accordance with its regular method of tax accounting.

Appears in 4 contracts

Samples: Junior Subordinated Indenture (Evans Capital Trust III), Indenture (Privatebancorp Capital Trust Iv), Junior Subordinated Indenture (Bridge Statutory Capital Trust I)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States Federalfederal, state and local tax purposes it is intended that such Security constitutes constitute indebtedness.

Appears in 4 contracts

Samples: Subordinated Indenture (Xcel Energy Inc), Indenture (Allstate Corp), Junior Subordinated Indenture (Nevada Power Co)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security intend that such Security constitute indebtedness and agree that to treat such Security as indebtedness for all United States Federalfederal, state and local tax purposes it is intended that such Security constitutes indebtednesspurposes.

Appears in 3 contracts

Samples: Junior Subordinated Indenture (Bancorpsouth Inc), Junior Subordinated Indenture (Usb Holding Co Inc), Junior Subordinated Indenture (Usb Holding Co Inc)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company and, and by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States Federal, state and local tax purposes it is intended that such Security constitutes constitute indebtedness.

Appears in 3 contracts

Samples: Junior Subordinated Indenture (Partnerre LTD), Junior Subordinated Indenture (Partnerre LTD), Junior Subordinated Indenture (Partnerre LTD)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States Federal, state and local tax purposes it is intended that purposes, each of the aforementioned parties shall treat such Security constitutes as indebtedness.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Silicon Valley Bancshares), Junior Subordinated Indenture (Silicon Valley Bancshares)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company Corporation and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States Federal, state State and local tax purposes it is intended that such Security constitutes indebtedness.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Popular North America Capital Trust Iii), Junior Subordinated Indenture (Popular North America Capital Trust I)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States Federal, state State and local tax purposes it is intended that such Security constitutes constitute indebtedness.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (American General Corp /Tx/), Junior Subordinated Indenture (American General Capital Iv)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States Federal, state and local tax purposes it is intended that such Security constitutes indebtednessindebtedness of the Company for United States Federal, state and local tax purposes. The provisions of this Indenture shall be interpreted to further this intention and agreement of the parties.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Delphi Financial Group Inc/De), Junior Subordinated Indenture (Delphi Financial Group Inc/De)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company and, by its acceptance of a Security security or a beneficial interest therein, the Holder holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States FederalU.S. federal, state and local tax purposes it is intended that such Security constitutes constitute indebtedness.

Appears in 2 contracts

Samples: Indenture (Aon PLC), Indenture

Agreed Tax Treatment. Each Security issued hereunder shall provide that each of the Company and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States Federal, state and local tax purposes it is intended intends that such Security constitutes indebtednessindebtedness and agrees to treat such Security as indebtedness for United States federal, local and state tax purposes.

Appears in 2 contracts

Samples: Indenture (Comerica Capital Trust Ii), Indenture (Comerica Inc /New/)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security intend that such Security constitute indebtedness and agree that to treat such Security as indebtedness for all United States Federal, state and local tax purposes it is intended that such Security constitutes indebtednesspurposes.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Republic New York Capital Iv), Junior Subordinated Indenture (North Fork Capital Trust I)

Agreed Tax Treatment. Each Security issued hereunder shall -------------------- provide that the Company and, by its acceptance of a Security security or a beneficial interest therein, the Holder holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States Federalfederal, state and local tax purposes it is intended that such Security constitutes constitute indebtedness.

Appears in 2 contracts

Samples: Indenture (DPL Inc), Indenture (DPL Inc)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company and, by its acceptance of a Security security or a beneficial interest therein, the Holder holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States Federalfederal, state and local tax purposes it is intended that such Security constitutes constitute indebtedness.

Appears in 2 contracts

Samples: Indenture (Aon Corp), Indenture (Aon Corp)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company Company, the Guarantor and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security intend that such Security constitute indebtedness and agree that to treat such Security as indebtedness for all United States Federal, state and local tax purposes it is intended that such Security constitutes indebtednesspurposes.

Appears in 1 contract

Samples: Indenture (Kingsway Financial Services Inc)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company Corporation and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States Federalfederal, state and local tax purposes it is intended that such Security constitutes indebtedness.. 150

Appears in 1 contract

Samples: Junior Subordinated Indenture (Sce&g Trust I)

Agreed Tax Treatment. (a) Each Security issued hereunder shall provide that the Company and, by its acceptance or acquisition of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a direct or indirect beneficial interest in, such Security, intend and agree to treat such Security agree that as indebtedness of the Company for United States Federal, state and local and foreign tax purposes it is intended that such Security constitutes indebtednesspurposes. The provisions of this Indenture shall be interpreted to further this intention and agreement of the parties.

Appears in 1 contract

Samples: Junior Subordinated Indenture (JER Investors Trust Inc)

Agreed Tax Treatment. Each Security issued hereunder ------------- -------------------- shall provide that the Company and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States Federalfederal, state and local tax purposes it is intended that such Security constitutes constitute indebtedness.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Chittenden Capital Trust I)

AutoNDA by SimpleDocs

Agreed Tax Treatment. Each It is intended that each Security issued hereunder shall constitute indebtedness of the Corporation and, consequently, each such Security provide that the Company Corporation and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security agree that to treat such Security as indebtedness of the Corporation for all United States Federalfederal, state and local tax purposes it is intended that such Security constitutes indebtednesspurposes.

Appears in 1 contract

Samples: Junior Subordinated Indenture (First Hawaiian Capital I)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company Success Bancshares and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States Federalfederal, state and local tax purposes it is intended that such Security constitutes indebtedness.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Success Bancshares Inc)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company Corporation and, by its acceptance of a Security or a beneficial interest therein, the Holder holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States Federalfederal, state and local tax purposes it is intended that such Security constitutes constitute indebtedness.

Appears in 1 contract

Samples: Subordinated Indenture (Sce Trust I)

Agreed Tax Treatment. Each Unless otherwise specified in the Security, each Security issued hereunder shall provide that the Company and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States Federalfederal, state and local tax purposes it is intended that such Security constitutes indebtedness.

Appears in 1 contract

Samples: Indenture (First Chicago NBD Capital Iv)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company and, by its acceptance of a Security security or a beneficial interest therein, the Holder holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States Federalfederal, state and local tax purposes it is intended that such Security constitutes constitute indebtedness.. ARTICLE THREE

Appears in 1 contract

Samples: Indenture (Wells Fargo Capital Iii)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States Federalfederal, state and local tax purposes it is intended that such Security constitutes indebtednessconstitute indebtedness and agree to treat such security accordingly for such purposes.

Appears in 1 contract

Samples: Indenture (Midamerican Energy Financing Ii)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States Federalfederal, state and local tax purposes it is intended that such Security constitutes indebtednessconstitute indebtedness and agree to treat such Security accordingly for such purposes.

Appears in 1 contract

Samples: Indenture (Midamerican Energy Financing Ii)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security agree that to treat such Security as indebtedness for United States Federalfederal, state and local tax purposes it is intended that such Security constitutes indebtednesspurposes.

Appears in 1 contract

Samples: Indenture (Zenith National Insurance Corp)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security agree that for German and United States Federal, state and local tax purposes it is intended that such Security constitutes constitute indebtedness.

Appears in 1 contract

Samples: Senior Subordinated Indenture (Fresenius National Medical Care Holdings Inc)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security intend that such Security constitute indebtedness and agree that to treat such Security as indebtedness for all United States Federalfederal, state and local tax purposes it is intended that such Security constitutes indebtedness.purposes. 59 50

Appears in 1 contract

Samples: Junior Subordinated Indenture (Bancorp Hawaii Capital Trust I)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company Company, the Guarantor, and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security intend that such Security constitute indebtedness and agree that to treat such Security as indebtedness for all United States Federal, state and local tax purposes it is intended that such Security constitutes indebtednesspurposes.

Appears in 1 contract

Samples: Indenture (Kingsway Financial Services Inc)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company and, Issuer and by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States Federal, state and local tax purposes it is intended that such Security constitutes constitute indebtedness.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Scottish Annuity & Life Holdings LTD)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company Group and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States Federal, state and local tax purposes it is intended intend that such Security constitutes indebtednessindebtedness and agree to treat such Security as indebtedness for United States federal, local and state tax purposes.

Appears in 1 contract

Samples: Subordinated Indenture (Delphi Financial Group Inc/De)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company and the Guarantor and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States Federal, state and local tax purposes it is intended that such Security constitutes constitute indebtedness.

Appears in 1 contract

Samples: Junior Subordinated Indenture (FPC Capital Ii)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company Company, the Issuer Trust and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States Federalfederal, state and local tax purposes it is intended that such Security constitutes indebtednessa beneficial interest in the indebtedness of the Company.

Appears in 1 contract

Samples: Junior Subordinated Indenture (BSB Capital Trust I)

Agreed Tax Treatment. Each Security issued hereunder shall provide that each of the Company Corporation and, by its acceptance of a Security or a beneficial interest therein, the Holder holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States Federal, state and local tax purposes it is intended intends that such Security constitutes indebtednessindebtedness and agrees to treat such Security as indebtedness for United States federal, local and state tax purposes.

Appears in 1 contract

Samples: Indenture (Valley National Bancorp)

Agreed Tax Treatment. Each Security issued hereunder -------------------- shall provide that the Company and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security agree that for United States Federalfederal, state and local tax purposes it is intended that such Security constitutes constitute indebtedness.

Appears in 1 contract

Samples: Indenture (Nationwide Financial Services Capital Trust)

Agreed Tax Treatment. Each Security issued hereunder shall provide that the Company and, by its acceptance or acquisition of a Security or a beneficial interest therein, the each Holder of, and any Person that acquires a direct or indirect beneficial interest in, such Security, intend and agree to treat such Security agree that as indebtedness for United States Federal, state and local tax purposes, and agree to report as such for all such tax purposes it is intended that such Security constitutes indebtednessand financial reporting purposes. The provisions of this Indenture shall be interpreted to further this intention and agreement of the parties.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Deerfield Capital Corp.)

Agreed Tax Treatment. Each Security issued hereunder --------------------- shall provide that the Company and, by its acceptance of a Security or a beneficial interest therein, the Holder of, and any Person that acquires a beneficial interest in, such Security intend that such Security constitutes indebtedness and agree that to treat such Security as indebtedness for United States Federal, local and state and local tax purposes it is intended that such Security constitutes indebtednesspurposes.

Appears in 1 contract

Samples: Junior Subordinated Indenture (National Commerce Financial Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!