Withholding Taxes; Information Reporting. (a) The Trustee, as trustee of the grantor trust created by this Agreement, shall exclude and withhold from each distribution of principal, premium, if any, and interest and other amounts due under this Agreement or under the Certificates any and all federal United States withholding taxes applicable thereto as required by law. The Trustee agrees to act as such withholding agent and, in connection therewith, whenever any taxes or similar charges are required to be withheld with respect to any amounts paid by or on behalf of the Trustee in respect of the Certificates, to withhold such amounts and timely pay the same to the authority in the name of and on behalf of the Certificateholders, that it will file any necessary withholding tax returns or statements when due, and that, as promptly as possible after the payment thereof, it will deliver to each such Certificateholder necessary documentation showing the payment thereof, together with such additional documentary evidence as such Certificateholders may reasonably request from time to time. The Trustee agrees to file any other information reports as it may be required to file under United States law. In the event that any withholding tax is imposed on a payment to a Certificateholder, such tax shall reduce the amount otherwise distributable to the Certificateholder in accordance with this Section.
Appears in 6 contracts
Samples: Trust Agreement (Ata Holdings Corp), Trust Agreement (Amtran Inc), Trust Agreement (Amtran Inc)
Withholding Taxes; Information Reporting. (a) The Certificate ---------------------------------------- Trustee, as trustee of the a grantor trust created by this Agreementtrust, shall exclude and withhold from each distribution of principal, premium, if any, principal and interest and other amounts due under this Agreement hereunder or under the Certificates any and all federal United States withholding taxes applicable thereto as required by law. The Certificate Trustee agrees to that it will act as such withholding agent and, in connection therewith, whenever any present or future taxes or similar charges are required to be withheld with respect to any amounts paid by or on behalf of the Trustee payable in respect of the Certificates, to withhold such amounts and timely pay the same to the appropriate authority in the name of and on behalf of the Certificateholders, that it will file any necessary withholding tax returns or statements when due, and that, as promptly as possible after the payment thereof, it will deliver to each such Certificateholder necessary appropriate documentation showing the payment thereof, together with such additional documentary evidence as such Certificateholders may reasonably request from time to time. The Certificate Trustee agrees to file any other information reports as it may be required to file under United States lawwith respect to taxes. In For purposes of reporting on Internal Revenue Service Form 1041 (and any statement attached thereto) or any successor form thereto, the event that any withholding tax is imposed on a payment Certificate Trustee will separately set forth information reported with respect to a Certificateholder, such tax shall reduce the amount otherwise distributable to the Certificateholder in accordance with this Sectioneach Series or Class of Certificates.
Appears in 6 contracts
Samples: Declaration and Agreement (Sce Funding LLC), Declaration and Agreement (Sdg&e Funding LLC a De Limited Liability Co), Declaration and Agreement (Sdg&e Funding LLC a De Limited Liability Co)
Withholding Taxes; Information Reporting. (a) The Certificate Trustee, as trustee for the assets of the a grantor trust created by this Agreementtrust, shall exclude and withhold from each distribution of principal, premium, if any, principal and interest and other amounts due under this Agreement hereunder or under the Certificates any and all federal United States withholding taxes applicable thereto as required by law. The Certificate Trustee agrees to that it will act as such withholding agent and, in connection therewith, whenever any present or future taxes or similar charges are required to be withheld with respect to any amounts paid by or on behalf of the Trustee payable in respect of the Certificates, to withhold such amounts and timely pay the same to the appropriate authority in the name of and on behalf of the Certificateholders, that it will file any necessary withholding tax returns or statements when due, and that, as promptly as possible after the payment thereof, it will deliver to each such Certificateholder necessary appropriate documentation showing the payment thereof, together with such additional documentary evidence as such Certificateholders may reasonably request from time to time. The Certificate Trustee agrees to file any other information reports as it may be required to file under United States lawwith respect to taxes. In For purposes of reporting on Internal Revenue Service Form 1041 (and any statement attached thereto) or any successor form thereto, the event that any withholding tax is imposed on a payment Certificate Trustee will separately set forth information reported with respect to a Certificateholder, such tax shall reduce the amount otherwise distributable to the Certificateholder in accordance with this Sectioneach Class of Certificates.
Appears in 5 contracts
Samples: Certificate Indenture (Wmeco Funding LLC), Indenture (Bec Funding LLC), Cl&p Funding LLC
Withholding Taxes; Information Reporting. (a) The Trustee, as trustee of the grantor trust created by this Agreement, shall exclude and withhold from each distribution of principal, premium, if any, and interest and other amounts due under this Agreement or under the Certificates any and all federal United States withholding taxes applicable thereto as required by law. The Trustee agrees to act as such withholding agent and, in connection therewith, whenever any present or future taxes or similar charges are required to be withheld with respect to any amounts paid by or on behalf of the Trustee payable in respect of the Certificates, to withhold such amounts and timely pay the same to the appropriate authority in the name of and on behalf of the Certificateholders, that it will file any necessary withholding tax returns or statements when due, and that, as promptly as possible after the payment thereof, it will deliver to each such Certificateholder necessary appropriate documentation showing the payment thereof, together with such additional documentary evidence as such Certificateholders may reasonably request from time to time. The Trustee agrees to file any other information reports as it may be required to file under United States law. In Each Certificateholder or Investor that is not a United States person within the event that meaning of Section 7701(a)(30) of the Internal Revenue Code, as amended, by its acceptance of a Certificate or a beneficial interest therein, agrees to indemnify and hold harmless the Trust and the Trustee from and against any withholding tax is imposed on a payment improper failure to a Certificateholderwithhold taxes from amounts payable to it or for its benefit, such tax shall reduce the amount otherwise distributable other than an improper failure attributable to the Certificateholder in accordance with this Sectiongross negligence or willful misconduct of the Trustee.
Appears in 2 contracts
Samples: Trust Agreement (America West Airlines Inc), Trust Agreement (America West Airlines Inc)