Underlying Issuers definition
Examples of Underlying Issuers in a sentence
Notwithstanding anything to the contrary contained herein, upon request of any Certificateholder, the Trustee, on behalf of such Certificateholder, shall enforce any of the Trustee's rights under U.S. Federal or State securities laws as the purchaser of Underlying Notes from the related Underlying Issuers and shall promptly notify the Certificateholders that it has received such a request and is pursuing such enforcement.
Borrower agrees to be bound by the Underlying Issuer's regulations and interpretations of any Letter of Credit or by Issuing Lender's interpretations of any Reimbursement Undertaking even though this interpretation may be different from Borrower's own.
The Depositor and the Trustee, as purchasers of the Underlying Notes, hereby assign to the purchasers of the Certificates from the Trust any and all of their rights against the Underlying Issuers under the U.S. Federal and State securities laws as the purchaser of the Underlying Notes, including, but not limited to, any civil liability available to a purchaser of securities under Rule 10b-5 of the Exchange Act and Sections 11 and 12(a)(2) of the Securities Act.
The Depositor and the Trustee, as purchasers of the Underlying Notes, hereby assign to the purchasers of the Certificates from the Trust any and all of their rights against the Underlying Issuers and the Debt Agents under the U.S. Federal and State securities laws as the purchaser of the Underlying Notes, including, but not limited to, any civil liability available to a purchaser of securities under Rule 10b-5 of the Exchange Act and Sections 11 and 12(a)(2) of the Securities Act.
The Depositor and the Trustee, as purchasers of the Underlying Notes, hereby assign to the purchasers of the Certificates from the Trust any and all of their rights against the Underlying Issuers under the U.S. federal and State securities laws as the purchaser of the Underlying Notes, including, but not limited to, any civil liability available to a purchaser of securities under Rule 10b-5 of the Exchange Act and Sections 11 and 12(a)(2) of the Securities Act.
Notwithstanding anything to the contrary contained herein, upon request of any Certificateholder, the Trustee, on behalf of such Certificateholder, shall enforce any of the Trustee's rights under U.S. federal or State securities laws as the purchaser of Underlying Notes from the related Underlying Issuers and shall promptly notify the Certificateholders that it has received such a request and is pursuing such enforcement.
US Borrowers agree to be bound by the US Underlying Issuer's regulations and interpretations of any US Letter of Credit or by US Issuing Lender's interpretations of any US Reimbursement Undertaking even though this interpretation may be different from US Borrowers' own.
If either the Underlying Issuers are, or the Issuer is, treated as the beneficial owner of the interest payments made by the U.S. End Borrowers, then the portfolio interest exception should apply, and such interest payments should not be subject to gross basis U.S. income or withholding taxes.
While it is likely that the Issuer and the Underlying Issuers would be treated as intermediate entities in a financing arrangement, in order for the Service to disregard such entities, certain requirements must be satisfied, including that the participation of the intermediate entity or entities in the financing arrangement must be pursuant to a tax avoidance plan.
Such tax could then be collected from the End Borrowers, the relevant Underlying Issuer or Underlying Issuers, the Issuer, or the holders of Debt Securities.