Certain Tax Considerations. The actions contemplated by this Section 3.5 shall be taken in accordance with Section 409A of the Code. The aggregate amount required to be withheld from any holder of Partnership Phantom Units in connection with the payments described in Sections 3.5(a) and (b) shall first be applied to reduce the portion of such payments payable in the form of Parent Units and, to the extent such withholding amount exceeds the portion of such payments payable in the form of Parent Units, such excess shall be applied to reduce the portion of such payments payable in cash.
Appears in 4 contracts
Samples: Merger Agreement (Targa Resources Corp.), Merger Agreement (Atlas Energy, L.P.), Merger Agreement (Atlas Pipeline Partners Lp)
