Common use of Determination of Beneficiary Status Clause in Contracts

Determination of Beneficiary Status. Each Indian Tribe may elect to become a Beneficiary hereunder by filing with the Court a Certification for Beneficiary Status under Environmental Mitigation Trust Agreement (Appendix D-3), containing each of the certifications required by subparagraphs 4.2.1 through 4.2.9, at the time it files its first funding request, including any request seeking DERA funds. At the time of filing the Certification Form with the Court, each Indian Tribe shall also provide a copy of the Certification Form to the Trustee in electronic format and by mail pursuant to Paragraph 6.0 and subparagraph 6.0.1. Each Indian Tribe that timely files such certifications shall be a “Certifying Entity.” 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 pursuant to subparagraphs 4.02 and 5.0.5.1.