Common use of Covenants of the Certificateholders Clause in Contracts

Covenants of the Certificateholders. Each Certificateholder by becoming a beneficial owner of the Certificate or by its acceptance of a Certificate agrees: (a) to be bound by the terms and conditions of the Certificates of which such Certificateholder is the beneficial owner and of this Agreement and the other Basic Documents, including any supplements or amendments hereto and thereto and to perform the obligations of a Certificateholder as set forth therein or herein, in all respects as if it were a signatory hereto. This undertaking is made for the benefit of the Trust, the Owner Trustee and all other Certificateholders, present and future; (b) to the appointment of the Owner Trustee as such Certificateholder’s agent and attorney-in-fact to sign any federal income tax information return filed on behalf of the Trust and, if requested by the Trust, to sign such federal income tax information return in its capacity as holder of an interest in the Trust; (c) not to take any position in such Certificateholder’s tax returns inconsistent with those taken in any tax returns filed by the Trust; and (d) not to take any action that would cause the Trust to become subject to federal income tax or fail to take any action that would prevent the Trust from becoming subject to federal income tax.

Appears in 5 contracts

Sources: Trust Agreement (Accredited Mortgage Loan Trust 2004-3), Trust Agreement (Accredited Mortgage Loan Trust 2004-4), Trust Agreement (Accredited Mortgage Loan REIT Trust)