Common use of Treatment of Securities Clause in Contracts

Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts, other than payments of principal, payable in respect of the principal amount of such Securities as interest, for all United States federal income tax purposes. All payments in respect of the Securities will be made free and clear of United States withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-9 or W-8BEN (or any substitute or successor form) establishing its U.S. or non-U.S. status for United States federal income tax purposes, or any other applicable form establishing a complete exemption from United States withholding tax.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Vestin Realty Mortgage II, Inc), Junior Subordinated Indenture (Crystal River Capital, Inc.)

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Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts, other than payments of principal, payable in respect of the principal amount of such Securities as interest, for all United States federal income tax purposes. All payments in respect of the Securities will be made free and clear of United States withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-9 or W-8BEN (or any substitute or successor form) establishing its U.S. or non-U.S. status for United States federal income tax purposes, or any other applicable form establishing a complete exemption from United States withholding tax.. ARTICLE XI

Appears in 1 contract

Samples: Junior Subordinated Indenture (Lexington Realty Trust)

Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts, other than payments of principal, amounts payable in respect of the principal amount of such Securities as interest, for all United States U.S. federal income tax purposes. All payments in respect of the Securities will be made free and clear of United States U.S. withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-9 or W-8BEN (or any substitute or successor form) establishing its U.S. or non-U.S. status for United States U.S. federal income tax purposes, or any other applicable form establishing a complete exemption from United States U.S. withholding tax.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Impac Mortgage Holdings Inc)

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Treatment of Securities. The Company will treat the Securities as indebtedness, and the amounts, other than payments of principal, payable in respect of the principal amount of such Securities as interest, for all United States federal income tax purposes. All payments in respect of the Securities will be made free and clear of United States withholding tax to any beneficial owner thereof that has provided an Internal Revenue Service Form W-9 or W-8BEN (or any substitute or successor form) establishing its U.S. or non-U.S. status exemption from withholding for United States federal income tax purposes, or any other applicable form establishing a complete exemption from United States withholding tax.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Ramco Gershenson Properties Trust)

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