Common use of Application of Subchapter K Clause in Contracts

Application of Subchapter K. No election shall be made by the Company, the Board of Directors or any Member for the Company to be excluded from the application of the provisions of Subchapter K of the Code, or from any similar provisions of State and foreign tax laws which relate to the taxation of partnerships, unless the Board of Directors decide that the Company should be taxed as other than a partnership in accordance with the “check-the-box” rules under Treasury Regulation Section 301.7701-3.

Application of Subchapter K. No election shall be made by the Company, the Board of Directors Manager or any Member for the Company to be excluded from the application of the provisions of Subchapter K of the Code, or from any similar provisions of State and foreign tax laws which relate to the taxation of partnerships, unless the Board of Directors decide that the Company should be taxed as other than a partnership in accordance with the “check-the-box” rules under Treasury Regulation Section 301.7701-3.

Application of Subchapter K. No election shall be made by the Company, the Board of Directors Manager, or any other Investing Member for the Company to be excluded from the application of the provisions of Subchapter K of the Code, or from any similar provisions of State Applicable Law and foreign tax laws which relate to the taxation of partnerships, unless the Board of Directors decide that the Company should be taxed as other than a partnership in accordance with the “check-the-box” rules under Treasury Regulation Section 301.7701-3Investing Members.

Application of Subchapter K. No election shall be made by the Company, the Board of Directors or any Member for the Company to be excluded from the application of the provisions of Subchapter K of the Code, or from any similar provisions of State and foreign tax laws which relate to the taxation of partnerships, unless the Board of Directors decide that the Company should be taxed as other than a partnership in accordance with the “"check-the-box” " rules under Treasury Regulation Section 301.7701-3.