Elections by the Company. Except as provided in Section 7.4(a)(1), relating to the tax classification of the Company, and Section 7.4(a)(5) relating to Section 754 elections, the Managing Member may make, but shall not be obligated to make, any tax election provided under the Code, or any provision of state, local or foreign tax Law in accordance with Section 4.2(c)(xiv). All decisions and other matters concerning the computation and allocation of items of income, gain, loss, deduction and credit among the Members, and accounting procedures not specifically and expressly provided for by the terms of this Agreement, shall be determined by the Managing Member in accordance with Section 4.2(c)(xiv) . Any determination made pursuant to this Section 7.4(a)(2) by the Managing Member shall be conclusive and binding on all Members.
Elections by the Company. The Loans constituting each Borrowing initially shall be of the Type specified in the applicable Borrowing Request and, in the case of a Eurodollar Borrowing, shall have the Interest Period specified in such Borrowing Request. Thereafter, the Company may elect to convert such Borrowing to a Borrowing of a different Type or to continue such Borrowing as a Borrowing of the same Type and, in the case of a Eurodollar Borrowing, may elect the Interest Period therefor, all as provided in this Section. The Company may elect different options with respect to different portions of the affected Borrowing, in which case each such portion shall be allocated ratably among the Lenders holding the Loans constituting such Borrowing, and the Loans constituting each such portion shall be considered a separate Borrowing.
Elections by the Company. Subject to Sections 6.02(a)(ii), 6.02(b)(ii), 8.02(b) and 8.03 the Crestwood Member will determine the elections to be made by the Company for tax purposes.
Elections by the Company. Except as provided in Section 8.5(a)(i), relating to Code Section 704(c) allocation methods, and Section 8.5(d) hereof, relating to the tax classification of the Company, and Section 8.5(f)(ii) hereof, relating to Code Section 754 elections, and Section 8.5(f)(iii) hereof, the Manager may make, or refrain from making, in its sole and absolute discretion, any tax election provided under the Code, or any provision of state, local or foreign tax law. All decisions and other matters concerning the computation and allocation of items of income, gain, loss, deduction and credits among the Members, and accounting procedures not specifically and expressly provided for by the terms of this Agreement, shall be determined by Manager. Any determination made pursuant to this Section 8.5(f) by the Manager shall be conclusive and binding on all Members.
Elections by the Company. The Company will make the following elections in the appropriate manner:
(i) to adopt the Tax Year of the Company set forth in Section 2.06;
(ii) to adopt the accrual method of accounting;
(iii) to elect to amortize the start-up expenses of the Company under Code Section 195 ratably over a period of 180 months as permitted by Code Section 195(b);
(iv) to elect to amortize the organization expenses of the Company under Code Section 709 ratably as permitted by Code Section 709(b); and
(v) subject to Section 8.02(b), any other election the Manager may deem appropriate and in the best interests of the Members; provided, however, the Manager shall not make or permit any material tax election (including any “push out” election) that could reasonably be expected to have a disproportionate (compared to other Members, but without regard to any disproportionate impact caused by disparate Common Unit Sharing Percentages), adverse impact on the Series A Investor (solely with respect to any taxable period (or portion thereof) prior to the IPO or during which the Series A Investor held Units representing more than 5% of the Aggregate Unit Sharing Percentage) or a Specified Member without the approval of the Series A Investor or such Specified Member (not to be unreasonably withheld, conditioned or delayed).
Elections by the Company. Except as provided in Section 7.5(a)(1), relating to the tax classification of the Company, and Section 7.5(a)(5) relating to Section 754 elections, the Board of Directors may make, but shall not be obligated to make, any tax election provided under the Code, or any provision of state, local or foreign tax Law. All decisions and other matters concerning the computation and allocation of items of income, gain, loss, deduction and credit among the Members, and accounting procedures not specifically and expressly provided for by the terms of this Agreement, shall be determined by the Board of Directors. Any determination made pursuant to this Section 7.5(a)(2) by the Board of Directors shall be conclusive and binding on all Members.
Elections by the Company. The Company will make the following elections in the appropriate manner:
(i) to adopt the Company’s Tax Year set forth in Section 2.6;
(ii) to adopt the accrual method of accounting;
(iii) to elect to amortize the Company’s start-up expenses under Code Section 195 ratably over a period of 180 months as permitted by Code Section 195(b);
(iv) to elect to amortize the Company’s organization expenses under Code Section 709 ratably as permitted by Code Section 709(b); and
(v) subject to Section 8.2(c), any other election the Board may deem appropriate and in the best interests of the Members.
Elections by the Company. Subject to Sections 6.02(a)(xxiii) and 9.02(b), the Managing Member will determine the elections to be made by the Company for tax purposes.
Elections by the Company. Except as provided in Section 7.5(a)(i), relating to Code Section 704(c) allocation methods, Section 7.5(d), relating to the tax classification of the Company, and Section 7.5(f)(ii), relating to Code Section 754 elections, the Board of Managers may make, or refrain from making, in its sole and absolute discretion, any tax election provided under the Code, or any provision of state, local or foreign tax law. All decisions and other matters concerning the computation and allocation of items of income, gain, loss, deduction and credits among the Members, and accounting procedures not specifically and expressly provided for by the terms of this Agreement, shall be determined by the Board. Any determination made pursuant to this Section 7.5(f) by the Board of Managers shall be conclusive and binding on all Members.
