No Publicly Traded Partnership. Notwithstanding anything in this Agreement to the contrary, no Transfer of a Membership Interest may be made if in the reasonable determination of the Tax Matters Partner such Transfer would result in the Company being treated as a “publicly traded partnership” within the meaning of Section 7704(b) of the Code.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Red Hat Inc), Limited Liability Company Agreement (Red Hat Inc)
No Publicly Traded Partnership. Notwithstanding anything in this Agreement to the contrary, no Transfer of a any Membership Interest may be made if if, in the reasonable determination of the Tax Matters Partner Board of Managers, such Transfer would result in the Company being treated as a “publicly traded partnership” within the meaning of Code Section 7704(b) of the Code).
Appears in 2 contracts
Samples: Implementation Agreement (Arch Coal Inc), Implementation Agreement (Peabody Energy Corp)
