REMIC Declarations; Other REMIC Matters. (a) The Issuer hereby declares its intent that the Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will constitute, and the affairs of such Trust (or the applicable portion thereof) will be conducted so as to qualify as, one or more REMICs pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will be the Settlement Date specified in the related Issue Supplement.
Appears in 4 contracts
Samples: Remic Master Trust Agreement, Remic Master Trust Agreement, Remic Master Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 40-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 40-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 40-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 40-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 4 contracts
Samples: Trust Agreement, Trust Agreement, Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 5-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 5-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue Supplement.Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 5-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 5-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section
Appears in 3 contracts
Samples: Trust Agreement, Trust Agreement, Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 97-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 97-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 97-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 97-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 3 contracts
Samples: Trust Agreement, Trust Agreement, Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Mae hereby declares its intent that the each REMIC Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each REMIC Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM R Class Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests each remaining Class of each such Three Tier Series are REMIC Certificates is hereby designated as the “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC Trust within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the related Issue Supplement.foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each REMIC Trust when and as required by the Code, on which a REMIC election shall be made with respect to each REMIC Trust, (b) conduct the affairs of each REMIC Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of each REMIC Trust, and
Appears in 3 contracts
Samples: Trust Agreement, Trust Agreement, Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each REMIC Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each REMIC Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM R Class Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests each remaining Class of each such Three Tier Series are REMIC Certificates is hereby designated as the “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC Trust within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the related Issue Supplement.foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each REMIC Trust when and as required by the Code, on which a REMIC election shall be made with respect to each REMIC Trust, (b) conduct the affairs of each REMIC Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of each REMIC Trust, and
Appears in 3 contracts
Samples: Trust Agreement, Trust Agreement, Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 31-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 31-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 31-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 31-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 3 contracts
Samples: Trust Agreement, Trust Agreement, Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 24-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 24-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 24-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 24-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 3 contracts
Samples: Trust Agreement, Trust Agreement, Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 46-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 46-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 46-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 46-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 3 contracts
Samples: Trust Agreement, Trust Agreement, Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 28-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 28-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 28-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 28-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 2 contracts
Samples: Trust Agreement, Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 93-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 93-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 93-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 93-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 2 contracts
Samples: Trust Agreement, Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 45-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 45-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 45-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 45-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 2 contracts
Samples: Trust Agreement, Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 27-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 27-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 27-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 27-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 2 contracts
Samples: Trust Agreement, Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 13-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 13-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 13-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 13-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 2 contracts
Samples: Trust Agreement, Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 84-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 84-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 84-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 84-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 2 contracts
Samples: Trust Agreement, Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 58-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 58-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 58-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 58-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 2 contracts
Samples: Trust Agreement, Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 7-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 7-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue Supplement.Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 7-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 7-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section
Appears in 2 contracts
Samples: Trust Agreement, Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each REMIC Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each REMIC Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series are hereby designated as “regular interests” in such the Lower Tier REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM R Class Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Upper Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier each Class of REMIC Regular Interests of each such Three Tier Series are Certificates is hereby designated as the “regular interests” in such the Upper Tier REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC Trust within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the related Issue Supplement.foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each REMIC Trust when and as required by the Code, on which a REMIC election shall be made with respect to each REMIC Trust, (b) conduct the affairs of each REMIC Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of each REMIC Trust, and
Appears in 2 contracts
Samples: Trust Agreement, Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 51-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 51-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 51-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 51-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 2 contracts
Samples: Trust Agreement, Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 81-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 81-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 81-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 81-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 2 contracts
Samples: Trust Agreement, Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 56-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 56-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 56-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 56-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 2 contracts
Samples: Trust Agreement, Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 80-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 80-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 80-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 80-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 2 contracts
Samples: Trust Agreement, Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 47-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 47-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 47-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 47-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 2 contracts
Samples: Trust Agreement, Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 64-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 64-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 64-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 64-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 2 contracts
Samples: Trust Agreement, Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 6-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 6-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue Supplement.Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 6-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 6-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section
Appears in 2 contracts
Samples: Trust Agreement, Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 78-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 78-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 78-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 78-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 2 contracts
Samples: Trust Agreement, Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 32-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 32-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 32-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 32-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 2 contracts
Samples: Trust Agreement, Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 22-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 22-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 22-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 22-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 2 contracts
Samples: Trust Agreement, Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each REMIC Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each REMIC Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM R Class Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests each remaining Class of each such Three Tier Series are Trust Fund Certificates is hereby designated as the “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC Trust within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the related Issue Supplement.foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each REMIC Trust when and as required by the Code, on which a REMIC election shall be made with respect to each REMIC Trust, (b) conduct the affairs of each REMIC Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of each REMIC Trust, and
Appears in 2 contracts
Samples: Trust Agreement, Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 23-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 23-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the March 30, 2006 Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 23-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 23-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be the Settlement Date specified provided in the related Issue Supplementmanner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 69-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 69-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 69-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 69-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 13-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 13-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Xxx, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Mae will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 13-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 13-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 35-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 35-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 35-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 35-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 4-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, I and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 4-RB Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle REMIC constituted by Lower Tier REMIC II, in each case within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Lower Tier Regular Interests of each such Three Tier Series Classes are hereby designated as “regular interests” in such the related REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The Class 4-R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of any Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4-R Certificate; in the case of Lower Tier REMIC I, for the Holder of the Class 4-RL Certificate; and in the case of Lower Tier REMIC II, for the Holder of the Class 4-RB Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Mae hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM R Class Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 8-R Certificate evidencing the largest percentage interest in such Class, and in the case of the Lower Tier REMIC, for the Holder of the Class 8-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 37-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 37-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 37-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 37-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each REMIC Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each REMIC Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class W5-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class W5-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests each remaining Class of each such Three Tier Series are Trust Fund Certificates is hereby designated as the “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC Trust within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the related Issue Supplement.foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each REMIC Trust when and as required by the Code, on which a REMIC election shall be made with respect to each REMIC Trust, (b) conduct the affairs of each REMIC Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of each REMIC Trust, and
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 10-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 10-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 10-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 10-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 77-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 77-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 77-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 77-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 47-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 47-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the May 30, 2006 Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 47-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 47-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be the Settlement Date specified provided in the related Issue Supplementmanner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 16-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 16-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 16-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 16-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 37-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 37-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which return a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 37-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 37-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Mae hereby declares its intent that the each REMIC Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each REMIC Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series are hereby designated as “regular interests” in such the Lower Tier REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM R Class Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Upper Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Upper Tier Regular Interests of each such Three Tier Series are hereby designated as the “regular interests” in such the Upper Tier REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC Trust within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the related Issue Supplement.foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each REMIC Trust when and as required by the Code, on which a REMIC election shall be made with respect to each REMIC Trust, (b) conduct the affairs of each REMIC Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of each REMIC Trust, and
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM R Class Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue Supplement.Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the R Class Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the RL Class Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Mae hereby declares its intent that the each REMIC Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 59-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related Lower Upper Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 59-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates (except in the case of such Series (other than the RL F and IP Class Certificate Certificates, the right of the Holders of the F Class Certificates to receive, and the RM obligation of the Holders of the IP Class CertificateCertificates to pay, if anyInterest Carryover Amounts) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC Trust within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each REMIC Trust when and as required by the Code, on which a REMIC election shall be made with respect to each REMIC Trust, (b) conduct the affairs of each REMIC Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either REMIC Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementREMIC Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each REMIC Trust, will prepare, sign and file each annual federal income tax return for the related REMIC Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each REMIC Trust in a fiduciary capacity, in the case of the Upper Tier REMIC, for the Holder of the Class 59-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 59-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Mae hereby declares its intent that the each REMIC Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each REMIC Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Middle Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is Upper Tier Regular Interests are hereby designated as a the “regular interestinterests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC Trust within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the related Issue Supplement.foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each REMIC Trust when and as required by the Code, on which a REMIC election shall be made with respect to each REMIC Trust, (b) conduct the affairs of each REMIC Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of each REMIC Trust, and
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 4-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 4-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify each Holder of a Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Xxx, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Mae will act as the tax matters person in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in Section 860E(e)(3) and (6) of the Code the information described in Section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in Section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 63-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 63-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 63-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 63-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 57-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 57- R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 57-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 57-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Mae hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 4-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The Class 4- RM Class Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Middle Tier REMIC Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The Class 4-R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of any Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4-R Certificate, in the case of the Middle Tier Trust Fund, for the Holder of the Class 4-RM Certificate and, in the case of the Lower Tier Trust Fund, for the Holder of the Class 4-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 62-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 62-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 62-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 62-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 86-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 86-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 86-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 86-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the Lower Tier REMIC and the Upper Tier Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder each shall constitute, and the affairs of such the Lower Tier REMIC and the Upper Tier Trust (or the applicable portion thereof) will each shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 29-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 29-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle REMIC constituted by the Upper Tier REMIC Trust within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Group 1 and Group 2 Class of Certificates of such Series (other than as specified in the RL Class Certificate and the RM Class Certificate, if anyProspectus Supplement) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for the Lower Tier REMIC and the Upper Tier Trust, when and as required by the Code, on which return a REMIC election shall be made with respect to the Lower Tier REMIC and the Upper Tier Trust, (b) conduct the affairs of the Lower Tier REMIC and the Upper Tier Trust so as to maintain the status thereof as REMICs under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either the Lower Tier REMIC or the Upper Tier Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of the Base Trust (including the Lower Tier REMIC) and the Upper Tier Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each such Trust in a fiduciary capacity, in the case of the Upper Tier Trust, for the Holder of the Class 29-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 29-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 29-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 29-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 29-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 29-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 18-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 18-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 18-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 18-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 9-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 9-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue Supplement.Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 9-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 9-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Mae hereby declares its intent that the each REMIC Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each REMIC Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM R Class Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle REMIC constituted by the Upper Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier each Class of REMIC Regular Interests of each such Three Tier Series are Certificates is hereby designated as the “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC Trust within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the related Issue Supplement.foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each REMIC Trust when and as required by the Code, on which a REMIC election shall be made with respect to each REMIC Trust, (b) conduct the affairs of each REMIC Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of each REMIC Trust, and
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 44-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 44-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 44-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 44-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 72-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 72-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 72-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 72-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 43-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 43-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 43-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 43-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 54-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 54-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 54-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 54-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 12-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 12-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the February 28, 2006 Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 12-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 12-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be the Settlement Date specified provided in the related Issue Supplementmanner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 8-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 8-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue Supplement.Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 8-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 8-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 19-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 19-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 19-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 19-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Mae hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 12-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 12- R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 12-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 12-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 68-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 68-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 68-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 68-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 122-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 122-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 122-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 122-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 44-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 44-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the August 22, 2001 Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 44-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 44-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be the Settlement Date specified provided in the related Issue Supplementmanner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 91-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 91-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 91-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 91-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each REMIC Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each REMIC Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM R Class Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle REMIC constituted by the Upper Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests each remaining Class of each such Three Tier Series are REMIC Certificates is hereby designated as the “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC Trust within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the related Issue Supplement.foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each REMIC Trust when and as required by the Code, on which a REMIC election shall be made with respect to each REMIC Trust, (b) conduct the affairs of each REMIC Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of each REMIC Trust, and
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 61-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 61-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 61-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 61-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Mae hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 35-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, I and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 35-RB Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle REMIC constituted by Lower Tier REMIC II, in each case within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Lower Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC REMICs within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The Class 35-R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of any of the Trusts, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue Supplement.Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 35-R Certificate, in the case of the Lower Tier REMIC I, for the Holder of the Class 35-RL Certificate and, in the case of Lower Tier REMIC II, for the Holder of the Class 35-RB Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 74-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 74-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 74-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 74-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM R Class Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 19-R Certificate evidencing the largest percentage interest in such Class, and, in the case of the Lower Tier REMIC, for the Holder of the Class 19-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 17-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 17-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue Supplement.Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 17-R Certificate and, in the case of the Lower Tier REMIC, for the Holder of the Class 17-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Mae hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to hereunder and under the related Trust Documents will Issue Supplement shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC specified in the related Issue Supplement will shall not constitute a part of any REMIC. The RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the REMIC constituted by the related Lower Tier REMIC Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the REMIC constituted by the Single Tier REMIC Trust Fund or Upper Tier REMIC Trust Fund of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified in the related Issue Supplement. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, when and as required by the Code, a federal income tax return using a calendar year as the taxable year for each Trust) (or portion of each Trust) as to which a REMIC election shall be made, (b) conduct the affairs of each such Trust (or portion thereof) so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of any such Trust (or portion thereof), and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on such Trust (or portion thereof) to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each such Trust (or portion thereof), will prepare, sign and file each annual federal income tax return for such Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each such Trust (or portion thereof) in a fiduciary capacity for the Holder of each related R Class Certificate and, if applicable, for the Holder of each related RL Class Certificate, as applicable. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each REMIC Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each REMIC Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM R Class Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle REMIC constituted by the Upper Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier each Class of REMIC Regular Interests of each such Three Tier Series are Certificates is hereby designated as the “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC Trust within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the related Issue Supplement.foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each REMIC Trust when and as required by the Code, on which a REMIC election shall be made with respect to each REMIC Trust, (b) conduct the affairs of each REMIC Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of each REMIC Trust, and
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 41-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 41-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 41-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 41-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Mae hereby declares its intent that the Lower Tier REMIC and the Upper Tier REMIC Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder each shall constitute, and the affairs of such the Lower Tier REMIC and the Upper Tier REMIC Trust (or the applicable portion thereof) will each shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 49-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such the Lower Tier REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 49-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle REMIC constituted by the Upper Tier REMIC Trust within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Upper Tier Regular Interests of each such Three Tier Series Classes are hereby designated as a “regular interests” in such the Upper Tier REMIC Trust within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each of the REMIC Trusts within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each of the REMIC Trusts when and as required by the Code, on each of which returns a REMIC election shall be made, (b) conduct the affairs of the Lower Tier REMIC and the Upper Tier REMIC Trust so as to maintain the status thereof as REMICs under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of the Lower Tier REMIC or the Upper Tier REMIC Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue Supplement.REMIC to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each of the REMIC Trusts, will prepare, sign and file each annual federal income tax return for the related REMIC and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each REMIC Trust in a fiduciary capacity, in the case of the Upper Tier REMIC Trust, for the Holder of the Class 49-R Certificate; and, in the case of the Lower Tier REMIC, for the Holder of the Class 49-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 46-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 46-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be June 27, 1997. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Xxx, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Mae will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 46-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 46-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be the Settlement Date specified provided in the related Issue Supplementmanner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 123-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 123-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 123-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 123-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 71-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 71-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 71-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 71-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 8-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 8-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the February 28, 2002 Settlement Date. The Group 1 and Group 2 Classes (as described in the Prospectus Supplement) and the related Lower Tier Regular Interests shall be issued on the February 22, 2002 Settlement Date and the other Classes of Certificates and the related Lower Tier Regular Interests shall be issued on the February 28, 2002 Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 8-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 8-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be the Settlement Date specified provided in the related Issue Supplement.manner described in section
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 119-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 119-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 119-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 119-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 50-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 50-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 50-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 50-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 73-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 73-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 73-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 73-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each REMIC Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each REMIC Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM R Class Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle REMIC constituted by Upper Tier REMIC 1 within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series A Class Certificates and the Non-Offered Notional Class are hereby designated as the “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R RM Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier consituted by REMIC of such Series, as applicable, 2 within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining the AIO Class of Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is are hereby designated as a the “regular interestinterests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC Trust within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the related Issue Supplement.foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each REMIC Trust when and as required by the Code, on which a REMIC election shall be made with respect to each REMIC Trust, (b) conduct the affairs of each REMIC Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of each REMIC Trust, and
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 25-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 25-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 25-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 25-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 28-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 28-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which return a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 28-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 28-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 101-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 101-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 101-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 101-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 131-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 131-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 131-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 131-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 23-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 23-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 23-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 23-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 9-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 9-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which return a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue Supplement.Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 9-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 9-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Mae hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 25-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 25-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 25-R Certificate evidencing the largest percentage interest in such class, and, in the case of the Lower Tier REMIC, for the Holder of the Class 25-RL Certificate evidencing the largest percentage interest in such class. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 42-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 42-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 42-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 42-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 95-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 95-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 95-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 95-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM RL Class Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the R Class Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the RL Class Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 7-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 7-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify each Holder of a Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Xxx, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Mae will act as the tax matters person in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 7-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 7-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in Section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in Section 1.860E-2(a) (5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Xxx hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 66-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 66-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 66-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 66-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement
REMIC Declarations; Other REMIC Matters. (a) The Issuer Xxxxxx Mae hereby declares its intent that the each Trust (or the applicable portion thereof) formed pursuant to the related Trust Documents will hereunder shall constitute, and the affairs of such each Trust (or the applicable portion thereof) will shall be conducted so as to qualify as, one or more REMICs a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The Class 3-RL Class Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the related REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Interests of each such Two Tier Series or Three Tier Series Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 3-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code will shall be the Settlement Date specified Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify each Holder of a Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Issue SupplementTrust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 3-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 3-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in Section 860E(e)(3) and (6) of the Code the information described in Section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in Section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.
Appears in 1 contract
Samples: Trust Agreement