Common use of Limitations on Exchanges Clause in Contracts

Limitations on Exchanges. (a) Notwithstanding anything to the contrary herein, PubCo or the Company may impose such restrictions on an Exchange as PubCo or the Company may determine to be necessary or advisable so that the Company is not treated as a “publicly traded partnership” under Section 7704 of the Code. Notwithstanding anything to the contrary herein, no Exchange shall be permitted (and, if attempted, shall, to the fullest extent permitted by law, be void ab initio) if, in the good faith determination of PubCo or the Company, such an Exchange would pose a material risk that the Company would be a “publicly traded partnership” under Section 7704 of the Code.

Appears in 4 contracts

Samples: Company Agreement (BlueRiver Acquisition Corp.), Operating Agreement (Enfusion, Inc.), Operating Agreement (Enfusion, Inc.)

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