Common use of Amendment by Tax Matters Member Clause in Contracts

Amendment by Tax Matters Member. Each Member authorizes the Tax Matters Member to amend this Section 3.3 to the extent necessary to achieve substantially the same tax treatment with respect to any profits interest in the Company Transferred to a service provider by the Company in connection with services provided to the Company (and, to the extent that then applicable guidance permits, in connection with services provided to any Subsidiary) as is set forth in, as applicable, Revenue Procedure 93-27, Revenue Procedure 2001-43 or Section 4 of the Notice (e.g., to reflect changes from the rules set forth in the Notice in subsequent Internal Revenue Service or Treasury Department guidance), provided that such amendment is not materially adverse to any Member (as compared with the after-tax consequences that would result if the provisions of the Notice applied to all profits interests in the Company Transferred to a service provider by the Company in connection with services provided to the Company or any of its Subsidiaries).

Amendment by Tax Matters Member. Each Member authorizes the Tax Matters Member to amend this Section 3.3 to the extent necessary to achieve substantially the same tax treatment with respect to any profits interest in the Company Transferred to a service provider by the Company in connection with services provided to the Company (and, to the extent that then applicable guidance permits, in connection with services provided to any Subsidiary) as is set forth in, as applicable, Revenue Procedure 93-27, Revenue Procedure 2001-43 or Section 4 of the Notice (e.g.e.q., to reflect changes from the rules set forth in the Notice in subsequent Internal Revenue Service or Treasury Department guidance), provided that such amendment is not materially adverse to any Member (as compared with the after-tax consequences that would result if the provisions of the Notice applied to all profits interests in the Company Transferred to a service provider by the Company in connection with services provided to the Company or any of its Subsidiaries).