Compliance with Treasury Regulations. The foregoing provisions of this Section 4.5 are intended to comply with Treasury Regulation §§ 1.704-1(b), 1.704-2 and 1.752-1 through 1.752-5, and shall be interpreted and applied in a manner consistent with such Treasury Regulations. In the event it is determined by the Members that it is prudent or advisable to amend this Agreement in order comply with such Treasury Regulations, the Managers, upon being so directed by the Members, are empowered to amend or modify this Agreement, notwithstanding any other provision of this Agreement.
Appears in 3 contracts
Samples: Operating Agreement, Operating Agreement (West Corp), Operating Agreement (West Corp)
Compliance with Treasury Regulations. The foregoing provisions of this Section 4.5 are intended to comply with Treasury Regulation Regulations §§ 1.704-1(b), 1.704-2 and 1.752-1 through 1.752-5, and shall be interpreted and applied in a manner consistent with such Treasury Regulations. In the event it is determined by the Members that it is prudent or advisable to amend this Agreement in order comply with such Treasury Regulations, the Managers, upon being so directed by the Members, are empowered to amend or modify this Agreement, notwithstanding any other provision of this Agreement.
Appears in 2 contracts
Samples: Put Through Agreement (CHS Inc), Limited Liability Company Agreement (CHS Inc)
Compliance with Treasury Regulations. The foregoing provisions of this Section 4.5 4.7 are intended to comply with Treasury Regulation §§ (S)(S) 1.704-1(b), 1.704-2 and 1.752-1 through 1.752-5, and shall be interpreted and applied in a manner consistent with such Treasury Regulations. In the event it is determined by the Members Voting Member Majority that it is prudent or advisable to amend this Agreement in order to comply with such Treasury Regulations, the Managers, upon being so directed by the Members, are Voting Member Majority is empowered to so amend or modify this Agreement, notwithstanding any other provision of this Agreement.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Inergy L P), Limited Liability (Inergy L P)
Compliance with Treasury Regulations. The foregoing provisions of this Section 4.5 are intended to comply with Treasury Regulation §§ Sections 1.704-1(b), 1.704-2 and 1.752-1 through 1.752-5, and shall be interpreted and applied in a manner consistent with such Treasury Regulations. In the event it is jointly determined by the Members that it is prudent or advisable to amend this Agreement in order comply with such Treasury Regulations, the ManagersManagement Committee, upon being so directed by the Members, are is empowered to amend or modify this Agreement, notwithstanding any other provision of this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement (R H Donnelley Corp)
Compliance with Treasury Regulations. The foregoing provisions of this Section 4.5 are intended to comply with Treasury Regulation §§ 1.704ss.ss.1.704-1(b), 1.704-2 and 1.752-1 through 1.752-5, and shall be interpreted and applied in a manner consistent with such Treasury Regulations. In the event it is determined by the Members that it is prudent or advisable to amend this Agreement in order to comply with such Treasury Regulations, the Managers, upon being so directed by the Members, Members are empowered to so amend or modify this Agreement, notwithstanding any other provision of this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Cenex Harvest States Cooperatives)
Compliance with Treasury Regulations. The foregoing provisions of this Section 4.5 are intended to comply with Treasury Regulation §§ xx.xx. 1.704-1(b), 1.704-2 and 1.752-1 through 1.752-5, and shall be interpreted and applied in a manner consistent with such Treasury Regulations. In the event it is determined by the Members Board of Directors that it is prudent or advisable to amend this Agreement in order comply with such Treasury Regulations, the Managers, upon being so directed by the Members, are Board of Directors is empowered to amend or modify this Agreement, notwithstanding any other provision of this Agreement.
Appears in 1 contract
Samples: Operating Agreement (Tortoise Total Return Fund, LLC)
Compliance with Treasury Regulations. The foregoing provisions of this Section 4.5 6.5 are intended to comply with Treasury Regulation §§ 1.704-1(bl(b), 1.704-2 1T and 1.752-1 through 1.752-5IT, and shall be interpreted and applied in a manner consistent with such Treasury Regulations. In the event it is determined by the Members General Partner that it is prudent or advisable to amend this Agreement in order comply with such Treasury Regulations, the Managers, upon being so directed by the Members, are General Partner is empowered to amend or modify this AgreementAgreement without the consent of the Limited Partners, notwithstanding any other provision of this Agreement.
Appears in 1 contract
Compliance with Treasury Regulations. The foregoing provisions of this Section 4.5 are intended to comply with Treasury Regulation §§ Regulations ss.ss. 1.704-1(b), 1.704-2 and 1.752-1 through 1.752-5, and shall be interpreted interxxxxxd and applied in a manner consistent with such Treasury Regulations. In the event it is determined by the Members that it is prudent or advisable to amend this Agreement in order comply with such Treasury Regulations, the Managers, upon being so directed by the Members, are empowered to amend or modify this Agreement, notwithstanding any other provision of this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Cenex Harvest States Cooperatives)
Compliance with Treasury Regulations. The foregoing provisions of this Section 4.5 are intended to comply with Treasury Regulation §§ 1.704-1(bl(b), 1.704-2 and 1.752-1 through 1.752-5, and shall must be interpreted and applied in a manner consistent with such Treasury Regulations. In the event If it is determined by the Members Manager that it is prudent or advisable to amend this Agreement in order comply with such Treasury Regulations, the Managers, upon being so directed by the Members, are Manager is empowered to amend or modify this Agreement, notwithstanding any other provision of this Agreement.
Appears in 1 contract
Compliance with Treasury Regulations. The foregoing provisions of this Section 4.5 are intended to comply with Treasury Regulation §§ 1.704-1(b), 1.704-2 and 1.752-1 through 1.752-5, and shall must be interpreted and applied in a manner consistent with such Treasury Regulations. In the event If it is determined by the Members that it is prudent or advisable to amend this Agreement in order comply with such Treasury Regulations, the ManagersManagement Committee, upon being so directed by the Members, are is empowered to amend or modify this Agreement, notwithstanding any other provision of this Agreement.
Appears in 1 contract
Compliance with Treasury Regulations. The foregoing provisions of this Section 4.5 4.7 are intended to comply with Treasury Regulation §§ 1.704(S)(S)1.704-1(b), 1.704-2 and 1.752-1 through 1.752-5, and shall be interpreted and applied in a manner consistent with such Treasury Regulations. In the event it is determined by the Members Voting Member Majority that it is prudent or advisable to amend this Agreement in order to comply with such Treasury Regulations, the Managers, upon being so directed by the Members, are Voting Member Majority is empowered to so amend or modify this Agreement, notwithstanding any other provision of this Agreement.
Appears in 1 contract
Compliance with Treasury Regulations. The foregoing provisions of this Section 4.5 4.6 are intended to comply with Treasury Regulation §§ 1.704-1(b), 1.704-2 and 1.752-1 through 1.752-5, and shall be interpreted and applied in a manner consistent with such Treasury Regulations. In the event it is determined by the Members that it is prudent or advisable to amend this Agreement in order comply with such Treasury Regulations, the Managers, upon being so directed by the Members, are empowered to amend or modify this Agreement, notwithstanding any other provision of this Agreement.
Appears in 1 contract
Samples: Operating Agreement
Compliance with Treasury Regulations. The foregoing provisions of this Section 4.5 are intended to comply with Treasury Regulation §§ 1.704-1(b), 1.704-2 and 1.752-1 through 1.752-5, and shall will be interpreted and applied in a manner consistent with such Treasury Regulations. In the event If it is determined by the Voting Members that it is prudent or advisable to amend this Agreement in order comply with such Treasury Regulations, the Managers, upon being so directed by the Members, are Voting Members is empowered to amend or modify this Agreement, notwithstanding any other provision of this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Inergy Holdings LLC)
Compliance with Treasury Regulations. The foregoing provisions of this Section 4.5 are intended to comply with Treasury Regulation §§ S 1.704-1(bl(b), 1.704-2 and 1.752-1 through 1.752-5, and shall must be interpreted and applied in a manner consistent with such Treasury Regulations. In the event If it is determined by the Members Manager that it is prudent or advisable to amend this Agreement in order comply with such Treasury Regulations, the Managers, upon being so directed by the Members, are Manager is empowered to amend or modify this Agreement, notwithstanding any other provision of this Agreement.. k.
Appears in 1 contract
Compliance with Treasury Regulations. The foregoing provisions of this Section 4.5 are intended to comply with Treasury Regulation §§ 1.704-1(b), 1.704-2 and 1.752-1 through 1.752-5, and shall must be interpreted and applied in a manner consistent with such Treasury Regulations. In the event If it is determined by the Members Board that it is prudent or advisable to amend this Agreement in order comply with such Treasury Regulations, the Managers, upon being so directed by the Members, are Board is empowered to amend or modify this Agreement, notwithstanding any other provision of this Agreement.
Appears in 1 contract
Compliance with Treasury Regulations. The foregoing provisions of this Section 4.5 are intended to comply with Treasury Regulation §§ 1.704-1(b), §1.704-2 and §1.752-1 through §1.752-55 (“Regulatory Allocations”), and shall must be interpreted and applied in a manner consistent with such Treasury Regulations. In the event If it is determined by the Members Board that it is prudent or advisable to amend this Agreement in order comply with such Treasury Regulations, the Managers, upon being so directed by the Members, are Board is empowered to amend or modify this Agreement, notwithstanding any other provision of this Agreement.
Appears in 1 contract
Compliance with Treasury Regulations. The foregoing provisions of this Section 4.5 are intended to comply with Treasury Regulation §§ 1.704-1(b), 1.704-2 and 1.752-1 through 1.752-5, and shall will be interpreted and applied in a manner consistent with such Treasury Regulations. In the event If it is determined by the Members that it is prudent or advisable to amend this Agreement in order comply with such Treasury Regulations, the ManagersRepresentative, upon being so directed by the Members, are is empowered to amend or modify this Agreement, notwithstanding any other provision of this Agreement.
Appears in 1 contract