Seller’s Tax Status. The Servicer shall not take or cause any action to be taken that could result in the Seller (i) being treated other than as a “disregarded entity” within the meaning of U.S. Treasury Regulation § 301.7701-3 for U.S. federal income tax purposes or (ii) becoming an association taxable as a corporation or a publicly traded partnership taxable as a corporation for U.S. federal income tax purposes.
Appears in 6 contracts
Samples: Receivables Purchase Agreement (Synchronoss Technologies Inc), Omnibus Amendment to Purchase and Sale Agreement, Receivables Purchase Agreement, and Performance Guaranty (Cooper Tire & Rubber Co), Receivables Purchase Agreement (Arch Coal Inc)
Seller’s Tax Status. The Servicer shall not take or cause any action to be taken that could result in the Seller (i) being treated other than becoming characterized as an association (or publicly traded partnership) taxable as a “disregarded entity” within the meaning of U.S. Treasury Regulation § 301.7701-3 corporation or as a taxable mortgage pool, for U.S. federal income tax purposes or (ii) becoming an association taxable as a corporation or a publicly traded partnership taxable as a corporation for subject to U.S. federal net income tax purposesand its distributions or allocations of income becoming subject to U.S. federal withholding tax under Section 1445 or 1446 of the Code.
Appears in 5 contracts
Samples: Receivables Purchase Agreement (Warner Bros. Discovery, Inc.), Receivables Purchase Agreement (Warner Bros. Discovery, Inc.), Receivables Purchase Agreement (Warner Bros. Discovery, Inc.)
Seller’s Tax Status. The Servicer shall not take or cause any action to be taken that could result in the Seller (i) being treated other than as a “disregarded entity” within the meaning of U.S. Treasury Regulation § 301.7701-3 for U.S. federal income tax purposes or purposes, (ii) becoming an association taxable as a corporation or a publicly traded partnership taxable as a corporation for U.S. federal income tax purposes, (iii) being subject to any Tax in any jurisdiction outside the United States or (iv) being subject to any material tax imposed by a state or local taxing authority.
Appears in 3 contracts
Samples: Receivables Purchase Agreement (Labcorp Holdings Inc.), Receivables Purchase Agreement (Fortrea Holdings Inc.), Receivables Purchase Agreement (Rackspace Technology, Inc.)
Seller’s Tax Status. The Servicer shall not take or cause any action to be taken that could result in the Seller (i) being treated other than as (A) a “disregarded entity” within the meaning of U.S. Treasury Regulation § 301.7701-3 for U.S. federal income tax purposes or (iiB) becoming an association taxable as a corporation or a publicly traded partnership taxable as a corporation for U.S. federal income tax purposes.purposes all of the beneficial owners of which are
Appears in 1 contract
Samples: Receivables Purchase Agreement (Ashland Global Holdings Inc)
Seller’s Tax Status. The Servicer shall not take or cause any action to be taken that could result in the Seller (i) being treated other than as a “disregarded entity” within the meaning of U.S. Treasury Regulation § 301.7701-3 for U.S. federal income tax purposes that is disregarded as separate from a United States person (within the meaning of Section 7701(a)(30) of the Code) or (ii) becoming an association taxable as a corporation or a publicly traded partnership taxable as a corporation for U.S. federal income tax purposes.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Computer Sciences Corp)
