Examples of Creditor Trust Beneficiaries in a sentence
The Creditor Trust Beneficiaries shall be bound by such election, if made by the Creditor Trustee, and, as such, shall, forU.S. federal income tax purposes (and, to the extent permitted by law, for state and local income tax purposes), report consistently therewith.
Notwithstanding the foregoing, the Creditor Trustee must reimburse the Reorganized Debtors for any statutory fees due relating to any distributions made to Creditor Trust Beneficiaries and professionals retained by the Creditor Trust.
Upon dissolution of the Creditor Trust, any Cash on hand and other assets will be distributed to the Creditor Trust Beneficiaries in accordance with the Creditor Trust Agreement.
The interests of the Creditor Trust Beneficiaries in the Creditor Trust shall be uncertificated and nontransferable.
In no event shall the Creditor Trust Beneficiaries be entitled to receive in-kind distributions from the Creditor Trust.
The Creditor Trust Agreement will require all parties (i) to treat the transfer of the Creditor Trust Assets to the Creditor Trust as a transfer of such assets directly from the Creditor Trust Beneficiaries to the Creditor Trust, and(ii) consistent therewith, to treat the Creditor Trust as a grantor trust of which the Creditor Trust Beneficiaries are the owners and grantors.
As stated in the Creditor Trust Agreement, the Creditor Trust (i) will be established for the sole purpose of taking title to, protecting, conserving and distributing any recoveries from the State Law Avoidance Claims, inaccordance with Treasury Regulation section 301.7701-4(a) for the Creditor Trust Beneficiaries, with no objective to continue or engage in the conduct of a trade or business and (ii) is intended to qualify as a grantor trust for U.S. federal income tax purposes.
Accordingly, for federal income tax purposes, it is intended that the Creditor Trust Beneficiaries be treated as if they had received a distribution from the Debtors’ Estates of an undivided interest in each of the Creditor Trust Assets (to the extent of the value of their respective shares in the applicable assets) and then contributed such interests to the Creditor Trust, and the Creditor Trust Beneficiaries will be treated as grantors and owners thereof.
Each such extension must be approved by the Bankruptcy Court not less than thirty (30) days prior to the lapse of the term, or extended term, with notice thereof to all of the unpaid Creditor Trust Beneficiaries.
The Unsecured Creditor Trust shall be established for the primary purpose of administering the Unsecured Creditor Trust Assets and making all distributions to the Unsecured Creditor Trust Beneficiaries, with no objective to continue or engage in the conduct of a trade or business, except to the extent reasonably necessary to, and consistent with, the purpose of the Unsecured Creditor Trust.