Adverse REMIC Event Clause Samples
The Adverse REMIC Event clause defines circumstances that could jeopardize the tax status of a Real Estate Mortgage Investment Conduit (REMIC) under applicable tax laws. In practice, this clause identifies specific actions or events—such as improper asset transfers or violations of REMIC requirements—that could cause the REMIC to lose its favorable tax treatment. By clearly outlining what constitutes an adverse event, the clause helps parties avoid actions that would trigger negative tax consequences, thereby preserving the intended tax benefits and compliance of the REMIC structure.
Adverse REMIC Event. Either (i) loss of status as a REMIC, within the meaning of Section 860D of the Code, for any group of assets identified as a REMIC in the Preliminary Statement to this Agreement, or (ii) imposition of any tax, including the tax imposed under Section 860F(a)(1) on prohibited transactions, and the tax imposed under Section 860G(d) on certain contributions to a REMIC, on any REMIC created hereunder to the extent such tax would be payable from assets held as part of the Trust Fund.
Adverse REMIC Event. 5 Affiliate................................................................................................5 Agreement................................................................................................5
Adverse REMIC Event. Either (i) termination of the REMIC status of any group of assets identified as a REMIC in the Q-Trust Documents or (ii) imposition of a tax, including the tax on prohibited transactions as defined in Section 860F(a)(2) of the Code and the tax on Amendment: A document that amends or supplements this Trust Agreement or an Issue Supplement.
Adverse REMIC Event. Either (i) loss of status as a REMIC, within the meaning of Section 860D of the Code, for any group of assets identified as a REMIC in the Preliminary Statement to this Agreement, or (ii) imposition of any tax, including the tax imposed under Section 860F(a)(1) on prohibited transactions, and the tax imposed under Section 860G(d) on certain contributions to a REMIC, on any REMIC created hereunder. Affiliate: With respect to any specified Person, any other Person controlling or controlled by or under common control with such specified Person. For the purposes of this definition, “control” when used with respect to any specified Person means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoing.
Adverse REMIC Event. If such Opinion of Counsel can not be delivered, then such substitution may only be effected at such time as the required Opinion of Counsel can be given.
Adverse REMIC Event. Either (i) loss of status as a REMIC, within the meaning of Section 860D of the Code, for any group of assets identified as a REMIC in Schedule III of this Agreement, or (ii) imposition of any tax, including the tax imposed under Section 860F(a)(1) on prohibited transactions, and the tax imposed under Section 860G(d) on certain contributions to a REMIC, on any REMIC created hereunder. Aggregate Net WAC Cap With respect to the Offered Certificates and any Distribution Date, a per annum rate equal to the product of (i) the excess, if any, of (a) the weighted average of the Net Mortgage Rates of the Mortgage Loans, weighted based on their relative Stated Principal Balances as of the first day of the related Due Period, adjusted to reflect prepayments received after the first Day of the related Due Period that were distributed on the immediately preceding Distribution Date, over (b) the Swap Payment Rate for such Distribution Date, multiplied by (ii) the quotient of 30 divided by the actual number of days in the Interest Accrual Period.
Adverse REMIC Event. 6 Adjusted Net WAC Cap Rate................................................................................6 Affiliate................................................................................................6
Adverse REMIC Event. Either (i) the endangerment of the status of any of REMIC I, REMIC II or REMIC III as a REMIC or (ii) the imposition of a tax upon any of REMIC I, REMIC II or REMIC III or any of their respective transactions (including, without limitation, the tax on prohibited transactions as defined in Section 860F(a)(2) of the Code and the tax on prohibited contributions set forth in Section 860G(d) of the Code).
Adverse REMIC Event. Any act, or any failure to act, that would, if it occurred, or failed to occur, result in either (i) loss of status as a REMIC, within the meaning of Section 860D of the Code, for any group of assets identified as a REMIC in the Preliminary Statement to this Agreement, or (ii) imposition of any tax, including the tax imposed under Section 860F(a)(1) on prohibited transactions, and the tax imposed under Section 860G(d) on certain contributions to a REMIC, on any REMC created hereunder to the extent such tax would be payable from assets held as part of the Trust Fund.
Adverse REMIC Event. Either (i) loss of status as a REMIC, within the meaning of Section 860D of the Code, for any group of assets identified as a REMIC in the Preliminary Statement to this Agreement (other than pursuant to a “qualified liquidation” within the meaning of Section 860F(a)(4) of the Code), or (ii) imposition of any tax, including the tax imposed under Section 860F(a)(1) on prohibited transactions, and the tax imposed under Section 860G(d) on certain contributions to a REMIC, on any REMIC created hereunder to the extent such tax would be payable from assets held as part of the Trust Fund.