Common use of Determination of Beneficiary Status Clause in Contracts

Determination of Beneficiary Status. Each governmental entity identified in Appendix D-1 hereto may elect to become a Beneficiary hereunder by filing with the Court a single Certification Form (Appendix D-3), containing each of the certifications required by subparagraphs 4.2.1 through 4.2.9, not later than 60 Days after the Trust Effective Date. Each entity that timely files such certifications shall be a “Certifying Entity.” Each entity that fails to timely file such certifications shall be an “Excluded Entity,” and shall be permanently enjoined from asserting any rights with respect to Trust Assets or any other matter relating to the implementation of this Trust. The Trustee shall be responsible for ensuring that the form of each certification complies with the requirements hereof prior to deeming any Certifying Entity to be a Beneficiary hereunder. For the avoidance of doubt, the determination of Beneficiary status for each Indian tribe shall be governed by subparagraphs 2.1.1 and 5.0.5.

Determination of Beneficiary Status. Each governmental entity identified in Appendix D-1 Xxxxxxxx X-0 hereto may elect to become a Beneficiary hereunder by filing with the Court a single Certification Form (Appendix D-3), containing each of the certifications required by subparagraphs 4.2.1 through 4.2.9, not later than 60 Days after the Trust Effective Date. Each entity that timely files such certifications shall be a “Certifying Entity.” Each entity that fails to timely file such certifications shall be an “Excluded Entity,” and shall be permanently enjoined from asserting any rights with respect to Trust Assets or any other matter relating to the implementation of this Trust. The Trustee shall be responsible for ensuring that the form of each certification complies with the requirements hereof prior to deeming any Certifying Entity to be a Beneficiary hereunder. For the avoidance of doubt, the determination of Beneficiary status for each Indian tribe shall be governed by subparagraphs 2.1.1 and 5.0.5.