FEDERAL INFORMATION RETURNS AND REPORTS TO CERTIFICATEHOLDERS; GRANTOR TRUST ADMINISTRATION. (a) The Grantor Trustee covenants and agrees that it shall perform its obligations hereunder in a manner so as to maintain the status of each Trust Fund as a grantor trust under subpart E, part I of subchapter J of chapter 1 of the Code and not as an association taxable as a corporation, as a taxable mortgage pool, or as a partnership and to prevent the imposition of any federal, state or local income or other tax on each Trust Fund. (b) The Grantor Trustee shall furnish or cause to be furnished to holders of Certificates and shall file or cause to be filed with the Internal Revenue Service, together with Form 1041 or such other form as may be applicable, such information with respect to the income and deductions of each Trust Fund at the time or times and in the manner required by the Code, including such other customary factual information as is available to the Grantor Trustee to enable Certificateholders to prepare their tax returns, including information required with respect to computing the accrual of original issue and market discount. (c) Notwithstanding any other provisions of this Agreement, the Grantor Trustee shall comply with all federal withholding requirements with respect to payments to Certificateholders. The consent of Certificateholders shall not be required for any such withholding. In the event the Grantor Trustee withholds any amount from any Certificateholder pursuant to federal withholdings requirements, the Grantor Trustee shall indicate to such Certificateholder the amount so withheld. (d) The Grantor Trustee agrees to indemnify each Trust Fund and the Depositor for any taxes and costs including, without limitation, any reasonable attorneys fees imposed on or incurred by each Trust Fund or the Depositor as a result of a breach of the Grantor Trustee's covenants set forth in this Section 7.12 (except to the extent such breach is as a result of the negligence or willful misconduct of the Depositor or the Master Servicer).
Appears in 7 contracts
Samples: Grantor Trust Agreement (IMPAC CMB Trust SERIES 2004-6), Grantor Trust Agreement (Imh Assets Corp Impac CMB Trust Series 2004-7), Grantor Trust Agreement (Imh Assets Corp Collateralized Asset Backed Bonds Ser 2004 3)
FEDERAL INFORMATION RETURNS AND REPORTS TO CERTIFICATEHOLDERS; GRANTOR TRUST ADMINISTRATION. (a) The Grantor Trustee covenants Underlying Securities Administrator, pursuant to Section 9.12(g) of the Underlying Pooling and agrees that it Servicing Agreement, shall perform its obligations hereunder relating to the Trust in a manner so as to maintain the status of each the Trust Fund as a grantor trust under subpart E, part I of subchapter J of chapter 1 of the Code and not as an association taxable as a corporation, as a taxable mortgage pool, or as a partnership and to prevent the imposition of any federal, state or local income or other tax on each the Trust Fund.
(b) The Grantor Trustee Underlying Securities Administrator shall furnish or cause to be furnished to holders of Certificates the Certificates, and shall file or cause to be filed with the Internal Revenue Service, together with Form 1041 or such other form as may be applicable, such information with respect to the income and deductions of each the Trust Fund at the time or times and in the manner required by the Code, including furnishing the Grantor Trustee with such other customary factual information as is available to the Grantor Trustee to enable Certificateholders to prepare their tax returns, including information required with respect to computing the accrual of original issue and market discount.
(c) Notwithstanding any other provisions of this Agreement, the Grantor Trustee Underlying Securities Administrator shall comply with all federal withholding requirements with respect to payments to Certificateholders. The consent of Certificateholders shall not be required for any such withholding. In the event the Grantor Trustee or Paying Agent, as applicable, based solely on instructions from such Certificateholder or other Person, withholds any amount from any Certificateholder pursuant to federal withholdings requirements, the Grantor Trustee or Paying Agent, as applicable, shall indicate to such Certificateholder the amount so withheld.
(d) The Grantor Trustee Underlying Securities Administrator agrees to indemnify each the Trust Fund Fund, the Grantor Trustee, the Paying Agent, the Certificate Registrar and the Depositor for any taxes and costs including, without limitation, any reasonable attorneys fees imposed on or incurred by each the Trust Fund Fund, the Grantor Trustee, the Paying Agent, the Certificate Registrar or the Depositor as a result of a breach of the Grantor TrusteeUnderlying Securities Administrator's covenants obligations set forth in this Section 7.12 (except to the extent such breach is as a result of the negligence or willful misconduct of the Depositor or the Master Servicer)7.12.
Appears in 4 contracts
Samples: Grantor Trust Agreement (Structured Asset Mortgage Investments II Trust 2004-Ar6), Grantor Trust Agreement (Structured Asset Mortgage Investments II Trust 2005-Ar8), Grantor Trust Agreement (Structured Asset Mortgage Investments II Trust 2004-Ar6)
FEDERAL INFORMATION RETURNS AND REPORTS TO CERTIFICATEHOLDERS; GRANTOR TRUST ADMINISTRATION. (a) The Grantor Trustee covenants and agrees that it that:
(i) It shall perform its obligations hereunder in a manner so as to maintain the status of each the Grantor Trust Fund as a grantor trust under subpart E, part I of subchapter J of chapter 1 of the Code and not as an association taxable as a corporation, as a taxable mortgage pool, or as a partnership and to prevent the imposition of any federal, state or local income or other tax on each Trust Fundthe Grantor Trust; and
(ii) It shall treat the Underlying Notes as a single debt instrument for tax purposes.
(b) The Grantor Trustee Depositor shall furnish or cause to be furnished to holders of Certificates and shall file or cause to be filed with the Internal Revenue Service, together with Form 1041 or such other form as may be applicable, such information with respect to the income and deductions of each the Grantor Trust Fund at the time or times and in the manner required by the Code, including such other customary factual information as is available to the Grantor Trustee Depositor to enable Certificateholders to prepare their tax returns, including information required with respect to computing the accrual of original issue and market discount.
(c) The Depositor covenants and agrees that it shall treat the Underlying Notes as a single debt instrument for tax purposes.
(d) Notwithstanding any other provisions of this Agreement, the Grantor Trustee shall comply with all federal withholding requirements with respect to payments to Certificateholders. The consent of Certificateholders shall not be required for any such withholding. In the event the Grantor Trustee withholds any amount from any Certificateholder pursuant to federal withholdings requirements, the Grantor Trustee shall indicate to such Certificateholder the amount so withheld.
(d) The Grantor Trustee agrees to indemnify each Trust Fund and the Depositor for any taxes and costs including, without limitation, any reasonable attorneys fees imposed on or incurred by each Trust Fund or the Depositor as a result of a breach of the Grantor Trustee's covenants set forth in this Section 7.12 (except to the extent such breach is as a result of the negligence or willful misconduct of the Depositor or the Master Servicer).
Appears in 2 contracts
Samples: Grantor Trust Agreement (National Collegiate Student Loan Trust 2005-2), Grantor Trust Agreement (National Collegiate Student Loan Trust 2005-3)
FEDERAL INFORMATION RETURNS AND REPORTS TO CERTIFICATEHOLDERS; GRANTOR TRUST ADMINISTRATION. (a) The Grantor Trustee covenants Underlying Trustee, pursuant to Section 9.12(g) of the Underlying Pooling and agrees that it Servicing Agreement, shall perform its obligations hereunder relating to the Trust in a manner so as to maintain the status of each the Trust Fund as a grantor trust under subpart E, part I of subchapter J of chapter 1 of the Code and not as an association taxable as a corporation, as a taxable mortgage pool, or as a partnership and to prevent the imposition of any federal, state or local income or other tax on each the Trust Fund.
(b) The Grantor Underlying Trustee shall furnish or cause to be furnished to holders of Certificates the Certificates, and shall file or cause to be filed with the Internal Revenue Service, together with Form 1041 or such other form as may be applicable, such information with respect to the income and deductions of each the Trust Fund at the time or times and in the manner required by the Code, including furnishing the Grantor Trustee with such other customary factual information as is available to the Grantor Trustee to enable Certificateholders to prepare their tax returns, including information required with respect to computing the accrual of original issue and market discount.
(c) Notwithstanding any other provisions of this Agreement, the Grantor Underlying Trustee shall comply with all federal withholding requirements with respect to payments to Certificateholders. The consent of Certificateholders shall not be required for any such withholding. In the event the Grantor Trustee Trustee, based solely on instructions from such Certificateholder or other Person, withholds any amount from any Certificateholder pursuant to federal withholdings requirements, the Grantor Trustee shall indicate to such Certificateholder the amount so withheld.
(d) The Grantor Underlying Trustee agrees to indemnify each the Trust Fund Fund, the Grantor Trustee and the Depositor for any taxes and costs including, without limitation, any reasonable attorneys fees imposed on or incurred by each the Trust Fund Fund, the Grantor Trustee or the Depositor as a result of a breach of the Grantor Underlying Trustee's covenants ’s obligations set forth in this Section 7.12 (except to the extent such breach is as a result of the negligence or willful misconduct of the Depositor or the Master Servicer)7.12.
Appears in 2 contracts
Samples: Grantor Trust Agreement (GreenPoint MTA Trust 2005-Ar4), Grantor Trust Agreement (GreenPoint Mortgage Funding Trust 2005-Ar1)
FEDERAL INFORMATION RETURNS AND REPORTS TO CERTIFICATEHOLDERS; GRANTOR TRUST ADMINISTRATION. (a) The Grantor Trustee covenants Underlying Trustee, pursuant to Section 9.12(g) of the Underlying Pooling and agrees that it Servicing Agreement, shall perform its obligations hereunder relating to the Trust in a manner so as to maintain the status of each the Trust Fund as a grantor trust under subpart E, part I of subchapter J of chapter 1 of the Code and not as an association taxable as a corporation, as a taxable mortgage pool, or as a partnership and to prevent the imposition of any federal, state or local income or other tax on each the Trust Fund.
(b) The Grantor Underlying Trustee shall furnish or cause to be furnished to holders of Certificates the Certificates, and shall file or cause to be filed with the Internal Revenue Service, together with Form 1041 or such other form as may be applicable, such information with respect to the income and deductions of each the Trust Fund at the time or times and in the manner required by the Code, including furnishing the Grantor Trustee with such other customary factual information as is available to the Grantor Trustee to enable Certificateholders to prepare their tax returns, including information required with respect to computing the accrual of original issue and market discount.
(c) Notwithstanding any other provisions of this Agreement, the Grantor Underlying Trustee shall comply with all federal withholding requirements with respect to payments to Certificateholders. The consent of Certificateholders shall not be required for any such withholding. In the event the Grantor Trustee Trustee, based solely on instructions from such Certificateholder or other Person, withholds any amount from any Certificateholder pursuant to federal withholdings requirements, the Grantor Trustee shall indicate to such Certificateholder the amount so withheld.
(d) The Grantor Underlying Trustee agrees to indemnify each the Trust Fund Fund, the Grantor Trustee and the Depositor for any taxes and costs including, without limitation, any reasonable attorneys fees imposed on or incurred by each the Trust Fund Fund, the Grantor Trustee or the Depositor as a result of a breach of the Grantor Underlying Trustee's covenants obligations set forth in this Section 7.12 (except to the extent such breach is as a result of the negligence or willful misconduct of the Depositor or the Master Servicer)7.12.
Appears in 1 contract
FEDERAL INFORMATION RETURNS AND REPORTS TO CERTIFICATEHOLDERS; GRANTOR TRUST ADMINISTRATION. (a) The Grantor Trustee covenants and agrees that it shall perform its obligations hereunder in a manner so as to maintain the status of each the Trust Fund as a grantor trust under subpart E, part I of subchapter J of chapter 1 of the Code and not as an association taxable as a corporation, as a taxable mortgage pool, or as a partnership and to prevent the imposition of any federal, state or local income or other tax on each the Trust Fund.
(b) The Grantor Trustee shall furnish or cause to be furnished to holders of Certificates and shall file or cause to be filed with the Internal Revenue Service, together with Form 1041 or such other form as may be applicable, such information with respect to the income and deductions of each the Trust Fund at the time or times and in the manner required by the Code, including such other customary factual information as is available to the Grantor Trustee to enable Certificateholders to prepare their tax returns, including information required with respect to computing the accrual of original issue and market discount.
(c) Notwithstanding any other provisions of this Agreement, the Grantor Trustee shall comply with all federal withholding requirements with respect to payments to Certificateholders. The consent of Certificateholders shall not be required for any such withholding. In the event the Grantor Trustee withholds any amount from any Certificateholder pursuant to federal withholdings requirements, the Grantor Trustee shall indicate to such Certificateholder the amount so withheld.
(d) The Grantor Trustee agrees to indemnify each the Trust Fund and the Depositor Seller for any taxes and costs including, without limitation, any reasonable attorneys fees imposed on or incurred by each the Trust Fund or the Depositor Seller as a result of a breach of the Grantor Trustee's covenants set forth in this Section 7.12 (except to the extent such breach is as a result of the negligence or willful misconduct of the Depositor or the Master Servicer)7.12.
Appears in 1 contract
Samples: Grantor Trust Agreement (Structured Asset Mortgage Investments Inc)
FEDERAL INFORMATION RETURNS AND REPORTS TO CERTIFICATEHOLDERS; GRANTOR TRUST ADMINISTRATION. (a) The Grantor Trustee covenants and agrees that it that:
(i) It shall perform its obligations hereunder in a manner so as to maintain the status of each the Trust Fund as a grantor trust under subpart E, part I of subchapter J of chapter 1 of the Code and not as an association taxable as a corporation, as a taxable mortgage pool, or as a partnership and to prevent the imposition of any federal, state or local income or other tax on each Trust Fundthe Trust; and
(ii) It shall treat the Underlying Notes as a single debt instrument for tax purposes.
(b) The Grantor Trustee Depositor shall furnish or cause to be furnished to holders of Certificates and shall file or cause to be filed with the Internal Revenue Service, together with Form 1041 or such other form as may be applicable, such information with respect to the income and deductions of each the Trust Fund at the time or times and in the manner required by the Code, including such other customary factual information as is available to the Grantor Trustee Depositor to enable Certificateholders to prepare their tax returns, including information required with respect to computing the accrual of original issue and market discount.
(c) The Depositor covenants and agrees that it shall treat the Underlying Notes as a single debt instrument for tax purposes.
(d) Notwithstanding any other provisions of this Agreement, the Grantor Trustee shall comply with all federal withholding requirements with respect to payments to Certificateholders. The consent of Certificateholders shall not be required for any such withholding. In the event the Grantor Trustee withholds any amount from any Certificateholder pursuant to federal withholdings requirements, the Grantor Trustee shall indicate to such Certificateholder the amount so withheld.
(d) The Grantor Trustee agrees to indemnify each Trust Fund and the Depositor for any taxes and costs including, without limitation, any reasonable attorneys fees imposed on or incurred by each Trust Fund or the Depositor as a result of a breach of the Grantor Trustee's covenants set forth in this Section 7.12 (except to the extent such breach is as a result of the negligence or willful misconduct of the Depositor or the Master Servicer).
Appears in 1 contract
Samples: Grantor Trust Agreement (National Collegiate Student Loan Trust 2005-1)
FEDERAL INFORMATION RETURNS AND REPORTS TO CERTIFICATEHOLDERS; GRANTOR TRUST ADMINISTRATION. (a) The Securities Administrator and the Grantor Trustee covenants and agrees that it shall perform its obligations hereunder in a manner so as to maintain the status of each the Trust Fund as a grantor trust under subpart E, part I of subchapter J of chapter 1 of the Code and not as an association taxable as a corporation, as a taxable mortgage pool, or as a partnership and to prevent the imposition of any federal, state or local income or other tax on each the Trust Fund.
(b) The Grantor Trustee Securities Administrator shall furnish or cause to be furnished to holders of Certificates and shall file or cause to be filed with the Internal Revenue Service, together with Form 1041 or such other form as may be applicable, such information with respect to the income and deductions of each the Trust Fund at the time or times and in the manner required by the Code, including such other customary factual information as is available to the Grantor Trustee Securities Administrator to enable Certificateholders to prepare their tax returns, including information required with respect to computing the accrual of original issue and market discount.
(c) Notwithstanding any other provisions of this Agreement, the Grantor Trustee shall comply with all federal withholding requirements with respect to payments to Certificateholders. The consent of Certificateholders shall not be required for any such withholding. In the event the Grantor Trustee withholds any amount from any Certificateholder pursuant to federal withholdings requirements, the Grantor Trustee shall indicate to such Certificateholder the amount so withheld.
(d) The Grantor Trustee Securities Administrator agrees to indemnify each the Trust Fund and the Depositor for any taxes and costs including, without limitation, any reasonable attorneys attorneys’ fees imposed on or incurred by each the Trust Fund or the Depositor as a result of a breach of the Grantor Trustee's Securities Administrator’s covenants set forth in this Section 7.12 (except to the extent such breach is as a result of the negligence or willful misconduct of the Depositor or the Master ServicerDepositor).
Appears in 1 contract
Samples: Grantor Trust Agreement (American Home Mortgage Investment Trust 2005-4)