Common use of Reports to Unitholders and Others Clause in Contracts

Reports to Unitholders and Others. (a) Unless otherwise specified in the applicable Trust Agreement, on each Distribution Date the Trustee shall forward or cause to be forwarded or made available to the Depositor, each Rating Agency, if any, each Swap Counterparty, each holder of Call Rights, and each Unitholder a statement setting forth: (i) the amount of such distribution to Unitholders allocable to principal of or interest or premium, if any, on the Units; (ii) if applicable, the Interest Rate applicable to such Distribution Date and the amount of any scheduled payment of principal applicable to such Distribution Date; (iii) the aggregate stated principal amount of the Underlying Securities as of the Distribution Date and, if applicable, the interest rate applicable to the Underlying Securities for the Underlying Security Accrual Period therefor next beginning; (iv) the amount received by the Trustee on the related Underlying Securities for the Underlying Security Accrual Period therefor last ended; (v) the amounts of and the recipients of any payments under the Swap Agreement for the Swap Rate Accrual Period last ended; (vi) if applicable and feasible, the new Swap Rate applicable to the Swap Rate Accrual Period next beginning; (vii) the aggregate Unit Principal Balance (or Notional Amount, if applicable) at the close of business on such Distribution Date; (viii) if the ratings of the Units or the underlying securities are specified in the applicable prospectus supplement, the current ratings of the Units or the underlying securities, as applicable, if different from the ratings provided in the prospectus supplement and the names of the rating agencies that assigned such ratings; (ix) the cumulative amount of Extraordinary Trust Expense, if any, as of that Distribution Date; (x) with respect to any Trust having Trust Property which includes Credit Support, any change in the available amount of each element of Credit Support; and (xi) any additional information relevant to the Unitholders as specified in the Trust Agreement. In the case of information furnished pursuant to clause (i) above, any amount shall be expressed as a Dollar amount (or the equivalent thereof in any other Specified Currency) per minimum denomination of Units or for such other specified portion thereof. The Trustee will file a copy of such report with the SEC on Form 8-K within the time limits prescribed by such form, otherwise in compliance with SEC rules applicable to the trust, or as otherwise advised by counsel. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during each such calendar year was a Unitholder a statement containing the information set forth in clause (i) above, aggregated for such calendar year or the applicable portion thereof during which such Person was a Unitholder which statement shall contain sufficient information to allow Unitholders to calculate their U.S. federal income tax liability with respect to the Units. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall have been provided by the Trustee pursuant to any requirements of the Code as are from time to time in effect. (b) At any time when the Trust is not subject to Section 13 or 15(d) of the Exchange Act, upon request to the Trustee by a Unitholder or a prospective purchaser from a Unitholder of the information required by Rule 144A(d)(4)(i) of the Securities Act, the Trustee shall promptly notify the Depositor of such request, and the Depositor shall promptly thereafter provide such information to the Trustee, and the Trustee shall furnish such information to such Unitholder or prospective purchaser, provided, that for purposes of this Section 4.02(b), the information required by Rule 144A(d)(4)(i) shall be as interpreted in Release No. 33-6862, Part D, i.e., basic, material information concerning the structure of the Trust, the Units and distributions in respect thereof, and the nature and performance of the Underlying Securities, the Swap Agreement and any other assets of the Trust. (c) The Trustee will deliver to Unitholders, each Swap Counterparty and any Credit Support Provider copies of all notices and communications it receives from each Underlying Security Issuer within three (3) Business Days of receipt, including notice of any redemption of or self-tender for the Underlying Securities by the Underlying Security Issuer. The Trustee will also notify the Unitholders of any exercise of any call rights with respect to the Underlying Securities by a Swap Counterparty under the terms of a Swap Agreement. (d) If so specified in the Trust Agreement commencing on a certain date and on or before a specified date in each year thereafter, a firm of independent public accountants will furnish a statement to the Trustee to the effect that such firm has examined certain documents and records relating to the administration of the Trust Property during the related 12-month period (or, in the case of the first such report, the period ending on or before the date specified in the Trust Agreement, which date shall not be more than one year after the related original issue date with respect to such Units) and that, on the basis of certain agreed upon procedures considered appropriate under the circumstances, such firm is of the opinion that such administration was conducted in compliance with the terms of the Trust Agreement, except for such exceptions as such firm shall believe to be immaterial and such other exceptions and qualifications as shall be set forth in such report. The Trust Agreement may also provide for delivery to the Depositor, on or before a specified date in each year, of an annual statement signed by two officers of the Trustee to the effect that the Trustee has fulfilled its obligations under the Trust Agreement throughout the preceding year with respect to any Series of Units. Copies of the annual accountants' statement, if any, and the statement of officers of the Trustee may be obtained by Unitholders without charge upon written request to the Trustee. (e) If the Trust Agreement provides the Units are subject to the right of one or more specified Persons to purchase all or a portion of the Units of a given Series (a "Call Option") and designates such Series a "Callable Series," then after receiving notice of the exercise of such a call right, the Trustee will provide notice thereof as provided in the Trust Agreement. The Trustee and the Depositor agree, and each Unitholder by acquiring its Units shall be deemed to agree, that the Call Option does not represent an ownership interest in the Trust or its assets and that none of them shall treat the Call Option as an ownership interest in the Trust for any purpose. (f) If required by TIA Section 313(a), within 60 days after December 31 of each year, the Trustee shall mail to (i) each Unitholder as required by TIA Section 313(c) and (ii) the Depositor, a brief report dated as of such date that complies with TIA Section 313(a). The Trustee also shall comply with TIA Section 313(b). A copy of any report delivered pursuant to this Section 4.02(f) shall, at the time of its mailing to Unitholders and the Depositor, be filed by the Trustee with the Commission and each stock exchange, if any, on which the Units are listed. The Depositor shall notify the Trustee if and when the Units are listed on any stock exchange.

Reports to Unitholders and Others. (a) Unless otherwise specified in the applicable Trust Agreement, on each Distribution Date the Trustee shall forward or cause to be forwarded or made available to the Depositor, each Rating Agency, if any, each Swap Counterparty, each holder of Call Rights, and each Unitholder a statement setting forth: (i) the amount of such distribution to Unitholders allocable to principal of or interest or premium, if any, on the Units; (ii) if applicable, the Interest Rate applicable to such Distribution Date and the amount of any scheduled payment of principal applicable to such Distribution Date; (iii) the aggregate stated principal amount of the Underlying Securities as of the Distribution Date and, if applicable, the interest rate applicable to the Underlying Securities for the Underlying Security Accrual Period therefor next beginning; (iv) the amount received by the Trustee on the related Underlying Securities for the Underlying Security Accrual Period therefor last ended; (v) the amounts of and the recipients of any payments under the Swap Agreement for the Swap Rate Accrual Period last ended; (vi) if applicable and feasible, the new Swap Rate applicable to the Swap Rate Accrual Period next beginning; (vii) the aggregate Unit Principal Balance (or Notional Amount, if applicable) at the close of business on such Distribution Date; (viii) if the ratings of the Units or the underlying securities are specified in the applicable prospectus supplementProspectus Supplement, the current ratings of the Units or the underlying securities, as applicable, if different from the ratings provided in the prospectus supplement Prospectus Supplement and the names of the rating agencies that assigned such ratings; (ix) the cumulative amount of Extraordinary Trust Expense, if any, as of that Distribution Date; (x) with respect to any Trust having Trust Property which includes Credit Support, any change in the available amount of each element of Credit Support; and (xi) any additional information relevant to the Unitholders as specified in the Trust Agreement. In the case of information furnished pursuant to clause (i) above, any amount shall be expressed as a Dollar amount (or the equivalent thereof in any other Specified Currency) per minimum denomination of Units or for such other specified portion thereof. The Trustee will file a copy of such report with the SEC on Form 8-K within the time limits prescribed by such form, otherwise in compliance with SEC rules applicable to the trust, or as otherwise advised by counsel. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during each such calendar year was a Unitholder a statement containing the information set forth in clause (i) above, aggregated for such calendar year or the applicable portion thereof during which such Person was a Unitholder which statement shall contain sufficient information to allow Unitholders to calculate their U.S. federal income tax liability with respect to the Units. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall have been provided by the Trustee pursuant to any requirements of the Code as are from time to time in effect. (b) At any time when the Trust is not subject to Section 13 or 15(d) of the Exchange Act, upon request to the Trustee by a Unitholder or a prospective purchaser from a Unitholder of the information required by Rule 144A(d)(4)(i) of the Securities Act, the Trustee shall promptly notify the Depositor of such request, and the Depositor shall promptly thereafter provide such information to the Trustee, and the Trustee shall furnish such information to such Unitholder or prospective purchaser, provided, that for purposes of this Section 4.02(b), the information required by Rule 144A(d)(4)(i) shall be as interpreted in Release No. 33-686233‑6862, Part D, i.e., basic, material information concerning the structure of the Trust, the Units and distributions in respect thereof, and the nature and performance of the Underlying Securities, the Swap Agreement and any other assets of the Trust. (c) The Trustee will deliver to Unitholders, each Swap Counterparty and any Credit Support Provider copies of all notices and communications it receives from each Underlying Security Issuer within three (3) Business Days of receipt, including notice of any redemption of or self-tender for the Underlying Securities by the Underlying Security Issuer. The Trustee will also notify the Unitholders of any exercise of any call rights with respect to the Underlying Securities by a Swap Counterparty under the terms of a Swap Agreement. (d) If so specified in the Trust Agreement commencing on a certain date and on or before a specified date in each year thereafter, a firm of independent public accountants will furnish a statement to the Trustee to the effect that such firm has examined certain documents and records relating to the administration of the Trust Property during the related 12-month period (or, in the case of the first such report, the period ending on or before the date specified in the Trust Agreement, which date shall not be more than one year after the related original issue date with respect to such Units) and that, on the basis of certain agreed upon procedures considered appropriate under the circumstances, such firm is of the opinion that such administration was conducted in compliance with the terms of the Trust Agreement, except for such exceptions as such firm shall believe to be immaterial and such other exceptions and qualifications as shall be set forth in such report. The Trust Agreement may also provide for delivery to the Depositor, on or before a specified date in each year, of an annual statement signed by two officers of the Trustee to the effect that the Trustee has fulfilled its obligations under the Trust Agreement throughout the preceding year with respect to any Series of Units. Copies of the annual accountants' ’ statement, if any, and the statement of officers of the Trustee may be obtained by Unitholders without charge upon written request to the Trustee. (e) If the Trust Agreement provides the Units are subject to the right of one or more specified Persons to purchase all or a portion of the Units of a given Series (a "“Call Option"”) and designates such Series a "“Callable Series," ” then after receiving notice of the exercise of such a call right, the Trustee will provide notice thereof as provided in the Trust Agreement. The Trustee and the Depositor agree, and each Unitholder by acquiring its Units shall be deemed to agree, that the Call Option does not represent an ownership interest in the Trust or its assets and that none of them shall treat the Call Option as an ownership interest in the Trust for any purpose. (f) If required by TIA Section 313(a), within 60 days after December 31 of each year, the Trustee shall mail to (i) each Unitholder as required by TIA Section 313(c) and (ii) the Depositor, a brief report dated as of such date that complies with TIA Section 313(a). The Trustee also shall comply with TIA Section 313(b). A copy of any report delivered pursuant to this Section 4.02(f) shall, at the time of its mailing to Unitholders and the Depositor, be filed by the Trustee with the Commission and each stock exchange, if any, on which the Units are listed. The Depositor shall notify the Trustee if and when the Units are listed on any stock exchange.

Reports to Unitholders and Others. (a) Unless otherwise specified in the applicable Trust Agreement, on each Distribution Date the Trustee shall forward or cause to be forwarded or made available to the Depositor, each Rating Agency, if any, each Swap Counterparty, each holder of Call Rights, and each Unitholder a statement setting forth: (i) the amount of such distribution to Unitholders allocable to principal of or interest or premium, if any, on the Units; (ii) if applicable, the Interest Rate applicable to such Distribution Date and the amount of any scheduled payment of principal applicable to such Distribution Date; (iii) the aggregate stated principal amount of the Underlying Securities as of the Distribution Date and, if applicable, the interest rate applicable to the Underlying Securities for the Underlying Security Accrual Period therefor next beginning; (iv) the amount received by the Trustee on the related Underlying Securities for the Underlying Security Accrual Period therefor last ended; (v) the amounts of and the recipients of any payments under the Swap Agreement for the Swap Rate Accrual Period last ended; (vi) if applicable and feasible, the new Swap Rate applicable to the Swap Rate Accrual Period next beginning; (vii) the aggregate Unit Principal Balance (or Notional Amount, if applicable) at the close of business on such Distribution Date; (viii) if the ratings of the Units or the underlying securities are specified in the applicable prospectus supplement, the current ratings of the Units or the underlying securities, as applicable, if different from the ratings provided in the prospectus supplement and the names of the rating agencies that assigned such ratings; (ix) the cumulative amount of Extraordinary Trust Expense, if any, as of that Distribution Date; (x) with respect to any Trust having Trust Property which includes Credit Support, any change in the available amount of each element of Credit Support; and (xi) any additional information relevant to the Unitholders as specified in the Trust Agreement. In the case of information furnished pursuant to clause (i) above, any amount shall be expressed as a Dollar amount (or the equivalent thereof in any other Specified Currency) per minimum denomination of Units or for such other specified portion thereof. The Trustee will file a copy of such report with the SEC on Form 8-K within the time limits prescribed by such form, otherwise in compliance with SEC rules applicable to the trust, or as otherwise advised by counsel. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during each such calendar year was a Unitholder a statement containing the information set forth in clause (i) above, aggregated for such calendar year or the applicable portion thereof during which such Person was a Unitholder which statement shall contain sufficient information to allow Unitholders to calculate their U.S. federal income tax liability with respect to the Units. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall have been provided by the Trustee pursuant to any requirements of the Code as are from time to time in effect. (b) At any time when the Trust is not subject to Section 13 or 15(d) of the Exchange Act, upon request to the Trustee by a Unitholder or a prospective purchaser from a Unitholder of the information required by Rule 144A(d)(4)(i) of the Securities Act, the Trustee shall promptly notify the Depositor of such request, and the Depositor shall promptly thereafter provide such information to the Trustee, and the Trustee shall furnish such information to such Unitholder or prospective purchaser, provided, that for purposes of this Section 4.02(b), the information required by Rule 144A(d)(4)(i) shall be as interpreted in Release No. 33-6862, Part D, i.e., basic, material information concerning the structure of the Trust, the Units and distributions in respect thereof, and the nature and performance of the Underlying Securities, the Swap Agreement and any other assets of the Trust. (c) The Trustee will deliver to Unitholders, each Swap Counterparty and any Credit Support Provider copies of all notices and communications it receives from each Underlying Security Issuer within three (3) Business Days of receipt, including notice of any redemption of or self-tender for the Underlying Securities by the Underlying Security Issuer. The Trustee will also notify the Unitholders of any exercise of any call rights with respect to the Underlying Securities by a Swap Counterparty under the terms of a Swap Agreement. (d) If so specified in the Trust Agreement commencing on a certain date and on or before a specified date in each year thereafter, a firm of independent public accountants will furnish a statement to the Trustee to the effect that such firm has examined certain documents and records relating to the administration of the Trust Property during the related 12-month period (or, in the case of the first such report, the period ending on or before the date specified in the Trust Agreement, which date shall not be more than one year after the related original issue date with respect to such Units) and that, on the basis of certain agreed upon procedures considered appropriate under the circumstances, such firm is of the opinion that such administration was conducted in compliance with the terms of the Trust Agreement, except for such exceptions as such firm shall believe to be immaterial and such other exceptions and qualifications as shall be set forth in such report. The Trust Agreement may also provide for delivery to the Depositor, on or before a specified date in each year, of an annual statement signed by two officers of the Trustee to the effect that the Trustee has fulfilled its obligations under the Trust Agreement throughout the preceding year with respect to any Series of Units. Copies of the annual accountants' statement, if any, and the statement of officers of the Trustee may be obtained by Unitholders without charge upon written request to the Trustee. (e) If the Trust Agreement provides the Units are subject to the right of one or more specified Persons to purchase all or a portion of the Units of a given Series (a "Call Option") and designates such Series a "Callable Series," ", then after receiving notice of the exercise of such a call right, the Trustee will provide notice thereof as provided in the Trust Agreement. The Trustee and the Depositor agree, and each Unitholder by acquiring its Units shall be deemed to agree, that the Call Option does not represent an ownership interest in the Trust or its assets and that none of them shall treat the Call Option as an ownership interest in the Trust for any purpose. (f) If required by TIA Section 313(a), within 60 days after December 31 of each year, the Trustee shall mail to (i) each Unitholder as required by TIA Section 313(c) and (ii) the Depositor, a brief report dated as of such date that complies with TIA Section 313(a). The Trustee also shall comply with TIA Section 313(b). A copy of any report delivered pursuant to this Section 4.02(f) shall, at the time of its mailing to Unitholders and the Depositor, be filed by the Trustee with the Commission and each stock exchange, if any, on which the Units are listed. The Depositor shall notify the Trustee if and when the Units are listed on any stock exchange.