Corporate Transparency Act. The Corporate Transparency Act (31 U.S.C. § 5336) and its implementing regulations (collectively, the “CTA”), may require the Trust to file reports with Financial Crimes Enforcement Network. It shall be Sponsor’s duty and not the Trustee’s duty to prepare such filings, cause the Trust to make such filings, and to cause the Trust to comply with its obligations under the CTA, if any.
Corporate Transparency Act. The Corporate Transparency Act (31 U.S.C. § 5336) and its implementing regulations (collectively, the “CTA”) may require the Trust to file certain reports with FinCEN after the date of this Agreement. It shall be the Administrator’s and not the Owner Trustee’s duty to cause the Trust to make such filings and to cause the Trust to comply with its obligations under the CTA, if any. The parties hereto agree that for purposes of the CTA, the Certificateholder(s) are and shall be deemed to be the sole direct owners of the Trust, and one or more Controlling Parties of the Administrator are and shall be deemed to be the parties with the power and authority to exercise substantial control over the Trust.
Corporate Transparency Act. Each Partner shall promptly, but within not more than five (5) days:
(a) Provide to the General Partners any information that the General Partners deem necessary or advisable to obtain from such Partner in order for the Partnership to comply with the CTA, including:
(i) Such Partner’s, or with respect to a Partner that is an Entity, each of such Entity’s Indirect Owners’, true and correct CTA Information or the true and correct FinCEN Identifier assigned to them by XxxXXX; and
(ii) Such information or documents as may be necessary in order for the Partnership to determine whether such Partner or any of such Partner’s Indirect Owners or controllers are Beneficial Owners of the Partnership (collectively, “Beneficial Ownership Information”).
(b) Notify the General Partners of any change or inaccuracy in or to any of such Partner’s, or in the case of a Partner that is an Entity, any of such Entity’s Indirect Owners’, CTA Information most recently provided to the Partnership, including:
(i) A change in such Partner’s or Indirect Owner’s legal name, date of birth or residential street address;
(ii) A change in the name, date of birth, address or unique identifying number on such Partner’s or Indirect Owner’s Acceptable Identification Document; or
(iii) In the case of a Partner that is an Entity, as may result from a change in the direct or indirect ownership or control of such Entity.
(c) Notify the General Partners of any amendment, modification, supplement or other change in or to any Beneficial Ownership Information previously provided by such Partner to the Partnership.
Corporate Transparency Act. It is not the duty of the Indenture Trustee, the Master Collateral Agent, the Securities Intermediary, the Authenticating Agent, the Note Registrar or the Note Paying Agent to cause the Trust to make such filings, as applicable, or to cause the Trust to comply with its obligations under the Corporate Transparency Act (31 U.S.C. § 5336) and its implementing regulations (31 C.F.R. § 1010.380), if any, and none of the Indenture Trustee, the Master Collateral Agent, the Securities Intermediary, the Authenticating Agent, the Note Registrar or the Note Paying Agent shall have any duty to monitor the Trust’s (or any agent on behalf of the Trust) compliance therewith.
Corporate Transparency Act. The Corporate Transparency Act (31 U.S.C. § 5336) and its implementing regulations (collectively, the “CTA”) may require the Issuer to file certain reports with the Financial Crimes Enforcement Network, a bureau of the U.S. Department of Treasury, after the date of this Agreement. It shall be the Administrator’s duty and not the Owner Trustee’s duty to cause the Issuer to make such filings and to cause the Issuer to comply with its obligations under the CTA, if any. The parties hereto agree that for purposes of the CTA, the Certificateholders are and shall be deemed to be the sole direct owners of the Issuer, and acknowledge that the Owner Trustee acts solely as a directed trustee hereunder and that one or more Controlling Parties of the Administrator (and not of the Owner Trustee) are and shall deemed to be the parties with the power and authority to exercise substantial control over the Issuer.
Corporate Transparency Act. (a) Each Member shall provide the Company promptly (and within fifteen days of any request) with any information the Company reasonably deems necessary or advisable to obtain from such Member for the Company to comply with the CTA, including (i) such Member’s, or with respect to an Member that is not a natural person (an “Entity Member”) each of such Entity Member’s Indirect Owners’, CTA Information or the FinCEN Identifier assigned to them by FinCEN; and (ii) such information or documents as may be necessary for the Company to determine whether such Member or any of such Member’s Indirect Owners or controllers have Substantial Control over the Company or any Person in which the Company holds an interest (collectively, “Substantial Control Information”); provided, however, that any Entity Member that is exempt from the definition of “reporting company” as defined in the CTA (an “Exempt Member”) shall notify the Company of such exemption and may forgo providing the Company with its Indirect Owners’ CTA Information, subject to Section 10.6(b).
(b) Each Member shall notify the Company promptly (and within five days of obtaining knowledge) of any change or inaccuracy in or to any of such Member’s, or for an Entity Member, any of such Entity Member’s Indirect Owners’ CTA Information most recently provided to the Company, including (i) a change in such Member’s or Indirect Owner’s legal name, date of birth, or residential street address; (ii) a change in the name, date of birth, address, or unique identifying number on such Member’s or Indirect Owner’s Acceptable Identification Document; or (iii) for an Entity Member, as may result from a change in the direct or indirect ownership or control of such Entity Member. Any Exempt Member shall promptly notify the Company of any loss of its exemption from the definition of “reporting company” as defined in the CTA, and shall promptly provide to the Company the information required in this Section 10.6.
(c) Each Member shall notify the Company promptly (and within five days of obtaining knowledge) of any amendment, modification, supplement, or other change in or to any Substantial Control Information previously provided by such Member to the Company. FLOWCO MERGECO LLC AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT
Corporate Transparency Act. Each Member that the Manager has reason to believe is a “beneficial owner” under the Corporate Transparency Act shall, within thirty (30) days after notice from the Company, provide the Company with the information that the Company is required to provide under the Corporate Transparency Act, including, without limitation, the name, birthdate, address and up to four pieces of identification documents that are acceptable for purposes of complying with the Corporate Transparency Act. In addition, each Member shall, within fifteen (15) days notify the Company of any change in the information previously provided to the Company.
Corporate Transparency Act. In order to comply with applicable laws in effect from time to time applicable to the Company, including the Corporate Transparency Act ("CTA") the Company may be required to obtain, verify, record, and update certain information relating to the beneficial ownership of all Membership Interests. Accordingly, upon the Manager's request, each Member agrees to provide to the Company such identifying information and documentation as the Manager deems necessary or appropriate to permit compliance with such laws. Unless the Manager reasonably determines otherwise, the Manager will limit such request for identifying information of the Preferred Member to the FinCEN identifier for the Preferred Member's investors who would be "beneficial owners" of the Company. Each Member agrees to take any action necessary or appropriate to ensure compliance with such laws and to notify the Company within fifteen (15) days of any change in any information regarding the beneficial ownership previously provided to the Company.
Corporate Transparency Act. In order to comply with applicable laws in effect from time to time applicable to the Company, including the Corporate Transparency Act, the Company may be required to obtain, verify, record, and update certain information relating to the beneficial ownership of all Membership Interests. Accordingly, upon the Managing Member’s request, each Member agrees to provide to the Company such identifying information and documentation as the Managing Member deems necessary or appropriate to permit compliance with such laws. Each Member agrees to take any action necessary or appropriate to ensure compliance with such laws and to notify the Company within fifteen (15) days of any change in any information regarding the beneficial ownership previously provided to the Company.
Corporate Transparency Act. The Administrator on behalf of the Trust and the Depositor shall be authorized to take such actions necessary to cause the Trust to prepare and make any filings and to otherwise comply with the Trust’s obligations under the Corporate Transparency Act (31 U.S.C. § 5336) and its implementing regulations (collectively, the “CTA”), if any. None of the Owner Trustee, the Indenture Trustee, the Certificate Paying Agent or the Certificate Registrar shall have responsibility to monitor or ensure compliance by the Trust with the CTA. IN WITNESS WHEREOF, the parties hereto have caused this Trust Agreement to be duly executed by their respective officers hereunto duly authorized as of the day and year first above written. BNY MELLON TRUST OF DELAWARE, as Owner Trustee By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Associate By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Assistant Vice President Acknowledged and Agreed: WILMINGTON TRUST, NATIONAL ASSOCIATION, as Certificate Registrar and Certificate Paying Agent By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Vice President NUMBER Principal Amount of this Certificate: $[___________] R-______ Aggregate Amount of all Certificates: $100,000 (which shall be deemed to be the equivalent of 100,000 units) [UNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY, A NEW YORK CORPORATION (“DTC”), TO THE ISSUER OR ITS AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR IN SUCH OTHER NAME AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (AND ANY PAYMENT IS MADE TO CEDE & CO. OR TO SUCH OTHER ENTITY AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN.] THIS CERTIFICATE IS NOT NEGOTIABLE. THIS CERTIFICATE OR ANY INTEREST HEREIN HAS NOT BEEN AND WILL NOT BE REGISTERED UNDER THE UNITED STATES SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”) OR THE SECURITIES LAWS OF ANY STATE OF THE UNITED STATES, AND THE ISSUER HAS NOT BEEN REGISTERED UNDER THE UNITED STATES INVESTMENT COMPANY ACT OF 1940, AS AMENDED (THE “INVESTMENT COMPANY ACT”). THIS CERTIFICATE OR ANY INTEREST HEREIN MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED, EXCEPT (A) (1) TO A QUALIFIED INSTITUTIONAL BUYER WITHIN THE MEANING OF RULE 144A UNDER THE SECURITIES AC...