Common use of Reports to Unitholders Clause in Contracts

Reports to Unitholders. (a) On each Distribution Date the Trustee shall forward or cause to be forwarded to the Depositor, the Rating Agency, if any, 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) the Interest Rate applicable to such Distribution Date; (iii) the aggregate stated principal amount of the Securities as of the Distribution Date and the interest rate applicable to the Securities for the Security Accrual Period therefor next beginning; (iv) the amount received by the Trustee on the related Securities for the 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 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) the current rating, if any, of the Units and the Securities and the name of the Rating Agencies giving such rating; (ix) the cumulative amount of Extraordinary Trust Expense, if any, on such Distribution Date; (x) with respect to any Trust having Trust Property which includes Credit Support, the available amount of each element of Credit Support; and (xi) any additional information relevant to the Unitholders as specified in the Terms Schedule. 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. 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 Securities, the Swap Agreement and any other assets of the Trust. (c) The Trustee will deliver to Unitholders copies of all notices and communications it receives from each Security Issuer, including notice of any call of the Securities by the Security Issuer. The Trustee will also notify the Unitholders of any call of the Securities by a Swap Counterparty under the terms of a Swap Agreement. (d) If so specified in the Terms Schedule 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 Terms Schedule, 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 Terms Schedule may also provide for delivery to the Depositor and the Trustee on behalf of the Unitholders, 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 Terms Schedule 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 Terms Schedule. 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. (a) On each Distribution Date the Trustee shall forward or cause to be forwarded to the Depositor, the Rating Agency, if any, 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) the Interest Rate applicable to such Distribution Date; (iii) the aggregate stated principal amount of the Securities as of the Distribution Date and the interest rate applicable to the Securities for the Security Accrual Period therefor next beginning; (iv) the amount received by the Trustee on the related Securities for the 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 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) the current rating, if any, of the Units and the Securities and the name of the Rating Agencies giving such rating; (ix) the cumulative amount of Extraordinary Trust Expense, if any, on such Distribution Date; (x) with respect to any Trust having Trust Property which includes Credit Support, the available amount of each element of Credit Support; and (xi) any additional information relevant to the Unitholders as specified in the Terms Schedule. 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. Within a reasonable period of time after 45 days following the end of each of the first three Quarterly Periods of each calendar yearyear (or such other period of time as may be required by the rules and regulations of the SEC adopted with respect to the Exchange Act or of any U.S. securities exchange or quotation system on which the Units are listed or admitted to trading), the Trustee Trust shall furnish mail to each Person who at any time during each such calendar year was a Unitholder a statement containing of record on the information set forth in clause (i) above, aggregated Quarterly Record Date for such calendar year or the applicable portion thereof during Quarterly Period a report, which such Person was may be 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 copy of the Trustee Trust’s Quarterly Report on Form 10-Q under the Exchange Act (or any successor form or report under the Exchange Act or any successor legislation), which shall show in reasonable detail the assets and liabilities and receipts and disbursements of the Trust for such Quarterly Period; provided, however, the obligation to mail a report to each Unitholder of record shall be deemed to have been be satisfied if the Trust files a copy of its Quarterly Report on Form 10-Q (or any successor form or report) on the Electronic Data Gathering, Analysis, and Retrieval (XXXXX) system maintained by the SEC or any successor system or otherwise makes such report publicly available on an Internet website that is generally accessible 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 effectpublic or otherwise make such report publicly available. (b) At Within 90 days following the end of each fiscal year (or such shorter period of time as may be required by the rules and regulations of the SEC adopted with respect to the Exchange Act or of any time when securities exchange or quotation system on which the Units are listed or admitted to trading), the Trust is not subject shall mail to Section 13 or 15(d) of the Exchange Act, upon request to the Trustee by a Unitholder or a prospective purchaser from each Person who was a Unitholder of record on a date to be selected by the information required by Rule 144A(d)(4)(i) Trustee an annual report, which may be a copy of the Securities ActTrust’s Annual Report on Form 10-K under the Exchange Act (or any successor form or report under the Exchange Act or any successor legislation), the Trustee shall promptly notify the Depositor of such request, and the Depositor shall promptly thereafter provide such information to containing financial statements audited by an independent registered public accounting firm selected by the Trustee, plus such annual reserve information regarding the Royalties as may be required by the rules and regulations of the Trustee shall furnish such information to such Unitholder or prospective purchaser, SEC; provided, that for purposes of this Section 4.02(b)however, the information required by Rule 144A(d)(4)(i) obligation to mail a report to each Unitholder of record shall be as interpreted in Release No. 33deemed to be satisfied if the Trust files a copy of its Annual Report on Form 10-6862, Part D, i.e., basic, material information concerning K (or any successor form or report) on the structure of XXXXX system maintained by the Trust, SEC or any successor system or otherwise makes such report publicly available on an Internet website that is generally accessible to the Units and distributions in respect thereof, and the nature and performance of the Securities, the Swap Agreement and any other assets of the Trustpublic or otherwise makes such report publicly available. (c) The Trustee will deliver Notwithstanding the foregoing, the Trust shall furnish to the Unitholders copies of all notices such reports, in such manner and communications it receives from each Security Issuerat such times, including notice as are at any time required by law or by rules or regulations of any call of the Securities by the Security Issuer. The Trustee will also notify the Unitholders of any call of the Securities by a Swap Counterparty under the terms of a Swap Agreement. (d) If so specified in the Terms Schedule commencing on a certain date and on U.S. securities exchange 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 Terms Schedule, 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 Terms Schedule may also provide for delivery to the Depositor and the Trustee on behalf of the Unitholders, 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 Terms Schedule 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 Terms Schedule. 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, quotation system on which the Units are listed. The Depositor shall notify the Trustee listed or admitted for trading, if and when the Units are listed on any stock exchangeapplicable.

Reports to Unitholders. (a) On each Distribution Date the Trustee shall forward or cause to be forwarded to the Depositor, the Rating Agency, if any, 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) the Interest Rate applicable to such Distribution Date; (iii) the aggregate stated principal amount of the Securities as of the Distribution Date and the interest rate applicable to the Securities for the Security Accrual Period therefor next beginning; (iv) the amount received by the Trustee on the related Securities for the 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 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) the current rating, if any, of the Units and the Securities and the name of the Rating Agencies giving such rating; (ix) the cumulative amount of Extraordinary Trust Expense, if any, on such Distribution Date; (x) with respect to any Trust having Trust Property which includes Credit Support, the available amount of each element of Credit Support; and (xi) any additional information relevant to the Unitholders as specified in the Terms Schedule. 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. 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 Securities, the Swap Agreement and any other assets of the Trust. (c) The Trustee will deliver to Unitholders copies of all notices and communications it receives from each Security Issuer, including notice of any call of the Securities by the Security Issuer. The Trustee will also notify the Unitholders of any call of the Securities by a Swap Counterparty under the terms of a Swap Agreement. (d) If so specified in the Terms Schedule 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 Terms Schedule, 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 Terms Schedule may also provide for delivery to the Depositor and the Trustee on behalf of the Unitholders, 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 Terms Schedule 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 Terms Schedule. 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. (a) On each Distribution Date the Trustee shall forward or cause to be forwarded to the Depositor, the Rating Agency, if any, 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) the Interest Pass Through Rate applicable to such Distribution Date; (iii) the aggregate stated principal amount of the Debt Securities as of the Distribution Date and the interest rate applicable to the Debt Securities for the Debt Security Accrual Period therefor next beginning; (iv) the amount received by the Trustee on the related Debt Securities for the Debt 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 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) the current rating, if any, of the Units and the Debt Securities and the name of the Rating Agencies giving such rating; (ix) the cumulative amount of Extraordinary Trust Expense, if any, on such Distribution Date; (x) with respect to any Trust having Trust Property which includes Credit Support, the available amount of each element of Credit Support; and (xi) any additional information relevant to the Unitholders as specified in the Terms Schedule. 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. 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 Debt Securities, the Swap Agreement and any other assets of the Trust. (c) The Trustee will deliver to Unitholders copies of all notices and communications it receives from each Debt Security Issuer, including notice of any call of the Debt Securities by the Debt Security Issuer. The Trustee will also notify the Unitholders of any call of the Debt Securities by a Swap Counterparty under the terms of a Swap Agreement. (d) If so specified in the Terms Schedule 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 Terms Schedule, 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 Terms Schedule may also provide for delivery to the Depositor and the Trustee on behalf of the Unitholders, 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 Terms Schedule 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 Terms Schedule. 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.