Appointment of Partnership Representative. Xxxx Xxxxxxx is hereby designated as the Company’s “partnership representative” (the “Partnership Representative”) within the meaning of Section 6223(a) (as amended by the Bipartisan Budget Act of 2015 (the “BBA”). If Xxxx Xxxxxxx ceases to be the Partnership Representative for any reason, the Class A Member shall appoint a new Partnership Representative.
Appointment of Partnership Representative. (i) Encore shall designate a partnership representative (in such capacity, the “Partnership Representative”) to act under Section 6223 of the Code as amended by the Bipartisan Budget Act of 2015 (or any successor thereto) (the “2015 Act”) and in any similar capacity under state, local or non-U.S. law, as applicable. The Partnership Representative may be removed and replaced by Encore at any time in its sole discretion. Notwithstanding anything else to the contrary in this Agreement, the Partnership Representative shall apply the provisions of subchapter C of Chapter 63 of the Code, as amended by the 2015 Act (or any successor rules thereto), or similar provisions of state, local or non-U.S. tax law, with respect to any audit, imputed underpayment, other adjustment, or any such decision or action by the Internal Revenue Service (or other tax authority) with respect to the Company or the Members for such taxable years, in the manner determined by the Partnership Representative with the approval of Encore.
Appointment of Partnership Representative. The Manager shall serve as the "partnership representative" within the meaning of Section 6223(a) of the Code (in such capacity the "Company Representative"). The Company shall make the election under Section 6221(b) of the Code if the election is available to the Company and the Manager determines that the election is in the best interests of the Company. If such election is unavailable or the Company otherwise does not make such election, the Company shall elect the application of Section 6226 of the Code, in the event that it receives a "notice of final partnership adjustment" that would otherwise permit collection from the Company of a deficiency of taxes, for each relevant year, unless the Manager determines that the election under Section 6226 of the Code is not in the best interests of the Company or is unavailable, in which case the Company shall not make such election. This acknowledgement applies to each Member whether or not it owns an interest in the Company in both the reviewed year and the year of the adjustment.
