Common use of Intended Tax Characterization Clause in Contracts

Intended Tax Characterization. The parties hereto agree that it is their mutual intent that, for all applicable tax purposes, the Note will constitute indebtedness and that for all applicable tax purposes, accordingly, the Issuer will be treated as owner of the Collateral. Further, each party hereto and the holder of the Note (or an interest therein) (by receiving and holding the Note or an interest therein), hereby covenants to every other party hereto to treat the Note as indebtedness for all applicable tax purposes in all tax filings, reports and returns and otherwise, and further covenants that neither it nor any of its affiliates will take, or participate in the taking of or permit to be taken, any action that is inconsistent with the treatment of the Note as indebtedness for tax purposes unless otherwise directed by law, rule or regulation or order of any governmental authority. All successors and assigns of the parties hereto shall be bound by the provisions hereof.

Appears in 1 contract

Samples: Note Purchase Agreement (Americredit Corp)

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Intended Tax Characterization. The parties hereto agree that ----------------------------- it is their mutual intent that, for all applicable tax purposes, the Note will constitute indebtedness and that for all applicable tax purposes, accordingly, the Issuer will be treated as owner of the Collateral. Further, each party hereto and the holder of the Note (or an interest therein) (by receiving and holding the Note or an interest therein), hereby covenants to every other party hereto to treat the Note as indebtedness for all applicable tax purposes in all tax filings, reports and returns and otherwise, and further covenants that neither it nor any of its affiliates will take, or participate in the taking of or permit to be taken, any action that is inconsistent with the treatment of the Note as indebtedness for tax purposes unless otherwise directed by law, rule or regulation or order of any governmental authority. All successors and assigns of the parties hereto shall be bound by the provisions hereof.

Appears in 1 contract

Samples: Note Purchase Agreement (Americredit Corp)

Intended Tax Characterization. The parties hereto agree that it is their mutual intent that, for all applicable tax purposes, the Note will constitute indebtedness and that for all applicable tax purposes, accordingly, the Issuer or its owner will be treated as owner of the Collateral. Further, each party hereto and the holder of the Note (or an interest therein) (by receiving and holding the Note or an interest therein), hereby covenants to every other party hereto to treat the Note as indebtedness for all applicable tax purposes in all tax filings, reports and returns and otherwise, and further covenants that neither it nor any of its affiliates Affiliates will take, or participate in the taking of or permit to be taken, any action that is inconsistent with the treatment of the Note as indebtedness for tax purposes unless otherwise directed by law, rule or regulation or order of any governmental authority. All successors and assigns of the parties hereto shall be bound by the provisions hereof.

Appears in 1 contract

Samples: Note Purchase Agreement (Americredit Corp)

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Intended Tax Characterization. The parties hereto agree that it is their mutual intent that, for all applicable tax purposes, the Note Notes will constitute indebtedness and that for all applicable tax purposes, accordingly, the Issuer Issuers will be treated as owner joint and several owners of the CollateralPledged Property. Further, each party hereto and the holder of the Note (or an interest therein) each Noteholder (by receiving and holding the Note or an interest thereina Note), hereby covenants to every other party hereto and to every other Noteholder to treat the Note Notes as indebtedness for all applicable tax purposes in all tax filings, reports and returns and otherwise, and further covenants that neither it nor any of its affiliates Affiliates will take, or participate in the taking of or permit to be taken, any action that is inconsistent with the treatment of the Note Notes as indebtedness for tax purposes unless otherwise directed by law, rule or regulation or order of any governmental authorityGovernmental Authority. All successors and assigns of the parties hereto shall be bound by the provisions hereof.

Appears in 1 contract

Samples: Unicapital Corp

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