Common use of Status of Trust Clause in Contracts

Status of Trust. For federal income tax purposes, each Trust formed under this Trust Agreement will be treated as a fixed investment trust under the Code and applicable Treasury Regulations, and not as an association taxable as a corporation. The Trust Documents will be interpreted so as not to provide any “power to vary the investment” (within the meaning of the applicable Treasury Regulations) of any Trust formed under this Trust Agreement. The Trustee will take any action or cause the Trust to take any action necessary (i) to create and maintain the status of each Trust as a fixed investment trust for federal income tax purposes; and

Status of Trust. For federal income tax purposes, each Trust formed under this Trust Agreement will be treated as a fixed investment trust under the Code and applicable Treasury RegulationsCode, and not as an association taxable as a corporation. The Trust Documents will be interpreted so as not to provide any “power to vary the investment” (within the meaning of the applicable Treasury Regulations) of any Trust formed under this Trust Agreement. The Trustee will take any action or cause the Trust to take any action necessary (i) to create and maintain the status of each Trust as a fixed investment trust for federal income tax purposes; andprovided that if any such action would require the consent of Holders under Article XI, the Trustee will not effect that action without the requisite consent of Holders.