Ownership of the Property. The parties hereto intend that (i) for financial accounting purposes with respect to Lessee, Agent Lessor, the Lessors and the Lenders (A) this Lease will be treated as an "operating lease" pursuant to Statement of Financial Accounting Standards (SFAS) No. 13, as amended, (B) Agent Lessor will be treated as the owner and lessor of the Property and (C) Lessee will be treated as the lessee of the Property, but (ii) for federal, state and local income tax and all other purposes (A) this Lease will be treated as a financing arrangement, (B) the Lessors and the Lenders will be treated as lenders making loans to Lessee in an amount equal to the sum of the Lessor Contributions and the outstanding principal amount of the Loans, which loans are secured by the Land and the Property, and (C) Lessee will be treated as the owner of the Land and the Property and will be entitled to all tax benefits ordinarily available to an owner of land and property like the Land and the Property for such tax purposes.
Appears in 1 contract
Sources: Lease (Wind River Systems Inc)
Ownership of the Property. The parties hereto intend that (i) for financial accounting purposes with respect to Lessee, Agent Lessor, the Lessors and the Lenders other Participants (A) this Lease will be treated as an "operating leaseOPERATING LEASE" pursuant to Statement of Financial Accounting Standards (SFAS) No. 13, as amended, (B) Agent Lessor will be treated as the owner and lessor of the each Property and (C) Lessee will be treated as the lessee of the such Property, but (ii) for federal, state and local income transfer and other tax purposes and all for purposes of bankruptcy, insolvency, conservatorship and receivership law (including the substantive law upon which bankruptcy, conservatorship, insolvency and receivership proceedings are based), creditor's rights and other commercial law purposes (A) this Lease will be treated as a financing arrangement, (B) the Lessors Lessor and the Lenders other Participants will be treated as lenders making loans to Lessee in an amount equal to the sum of the Lessor Contributions Holder Advances and the outstanding principal amount of the Loans, which loans are secured by the Land and the Property, and (C) Lessee will be treated as the owner of the Land and the Property and will be entitled to all tax benefits ordinarily available to an owner of land and property like the Land and the Property for such tax purposes.
Appears in 1 contract
Sources: Master Lease (Symantec Corp)
Ownership of the Property. The parties hereto intend that (i) for financial accounting purposes with respect to Lessee, Agent Lessor, the Lessors and the Lenders (A) this Lease will be treated as an "operating lease" pursuant to Statement of Financial Accounting Standards (SFAS) No. 13, as amended, (B) Agent Lessor will be treated as the owner and lessor of the Property and (C) Lessee will be treated as the lessee of the Property, but (ii) for federal, state and local income transfer and other tax purposes and all for purposes of bankruptcy, insolvency, conservatorship and receivership law (including the substantive law upon which bankruptcy, conservatorship, insolvency and receivership proceedings are based), creditor's rights and other commercial law purposes (A) this Lease will be treated as a financing arrangement, (B) the Lessors and the Lenders will be treated as lenders making loans to Lessee in an amount equal to the sum of the Lessor Contributions and the outstanding principal amount of the Loans, which loans are secured by the Land and the Property, and (C) Lessee will be treated as the owner of the Land and the Property and will be entitled to all tax benefits ordinarily available to an owner of land and property like the Land and the Property for such tax purposes.
Appears in 1 contract
Sources: Lease (McData Corp)
Ownership of the Property. The parties hereto intend that (ia) for financial accounting purposes with respect to Lessee, Agent Lessor, the Lessors Agent and the Lenders Rent Purchasers (Ai) this Lease will be treated as an "operating lease" pursuant to Statement of Financial Accounting Standards (SFAS) No. 13, as amended, (Bii) Agent Lessor will be treated as the owner and lessor of the Property Property, and (Ciii) Lessee will be treated as the lessee of the Property, but (iia) for federal, state and local income tax and all other purposes (Ai) this Lease will be treated as a financing arrangement, (Bii) the Lessors Lessor and the Lenders Rent Purchasers will be treated as lenders making loans to Lessee in an amount equal to the sum of the Lessor Contributions Contribution and the outstanding principal amount of the LoansRent Purchaser Advances, which loans are secured by the Land and the Property, and (Ciii) Lessee will be treated as the owner of the Land and the Property and will be entitled to all tax benefits ordinarily available to an owner of land and property improvements like the Land and the Property for such tax purposes.
Appears in 1 contract
Sources: Lease Agreement (Lam Research Corp)
Ownership of the Property. The parties hereto intend that (i) for financial accounting purposes with respect to Lessee, Agent Lessor, the Lessors and the Lenders Lenders
(A) this Lease will be treated as an "operating lease" pursuant to Statement of Financial Accounting Standards (SFAS) No. 13 (FASB 13), as amended, (B) Agent Lessor will be treated as the owner and lessor of the Property and (C) Lessee will be treated as the lessee of the Property, but (ii) for federal, state and local income transfer and other tax purposes and all for purposes of bankruptcy, insolvency, conservatorship and receivership law (including the substantive law upon which bankruptcy, conservatorship, insolvency and receivership proceedings are based), creditor's rights and other commercial law purposes (A) this Lease will be treated as a financing arrangement, (B) the Lessors and the Lenders will be treated as lenders making loans to Lessee in an amount equal to the sum of the Lessor Contributions and the outstanding principal amount of the Loans, which loans are secured by the Land and the Property, and (C) Lessee will be treated as the owner of the Land and the Property and will be entitled to all tax benefits ordinarily available to an owner of land and property like the Land and the Property for such tax purposes.
Appears in 1 contract
Sources: Synthetic Lease Agreement
Ownership of the Property. (a) The parties hereto intend that (i) for financial accounting purposes with respect to Lessee, Agent Lessor, the Lessors and the Lenders (A) this Lease will be treated as an "operating lease" pursuant to Statement of Financial Accounting Standards (SFAS) No. 13, as amended, (B) Agent Lessor will be treated as the owner and lessor of the Property and (C) Lessee will be treated as the lessee of the Property, but (ii) for federal, state and local income tax and all other purposes (A) this Lease will be treated as a financing arrangement, (B) the Lessors and the Lenders will be treated as lenders making loans to Lessee in an amount equal to the sum of the Lessor Contributions and the outstanding principal amount of the Loans, which loans are secured by the Land and the Property, and (C) Lessee will be treated as the owner of the Land and the Property and will be entitled to all tax benefits ordinarily available to an owner of land and property like the Land and the Property for such tax purposes.
Appears in 1 contract
Sources: Lease (Wind River Systems Inc)