Other Elections. Any other election, including, without limitation, whether the Company shall adopt a cash or accrual method of accounting as the Member may deem appropriate.
Other Elections. The Company shall have the right, in the reasonable discretion of the Board, to make any other elections or determinations required or permitted for federal or state income tax or other tax purposes, including, without limitation, the right to file consolidated state income tax returns on behalf of the individual Members when the Board deems it to be appropriate. The Board may rely upon the advice of the Company’s accountants or tax attorneys with respect to the making of any such election.
Other Elections. The Company shall, if approved in writing by Members representing a Class A Majority and a Class B Majority, make any other election the Tax Matters Member may deem appropriate.
Other Elections. The Management Committee shall have the right in its sole discretion at any time to make or not to make such other elections as are authorized or permitted by any law or regulation for income tax purposes (including, but not limited to, any election under sections 734, 743 and 754 of the Code to adjust the basis of the Property of the Partnership in the event of a Transfer of all or part of the Interest of any Partner). Notwithstanding the above, no Partner, nor the Partnership, shall make an election to be excluded from the application of Subchapter K of the Code or any similar provisions of state law.
Other Elections. All other elections authorized under the Code or regulations may be made by the Managing General Partner, but only to the extent such elections are not inconsistent with Sections 18.02 and 18.03 of this Agreement.
Other Elections. (a) Overnite Corporation shall execute and file any and all consents, elections, or other similar documents and shall maintain in effect previously filed elections, consents, or other similar documents necessary or appropriate to effect the filing of the consolidated Federal Income Tax and Unitary Income Tax returns for the Overall Consolidated Group for the 2003 Pre-Offering Period.
(b) UPC shall determine, in its sole discretion, whether an election under either Treasury Regulation Section 1.1502-76(b)(2)(ii) (to ratably allocate a year’s items) or Section 1.1502-76(b)(2)(iii) (to ratably allocate a month’s items) should be made, and the Overnite Consolidated Group shall make such elections if and only if instructed by UPC.
Other Elections. The Employer makes the following other elections relating to Specified Employees: (specify).
Other Elections. Buyer and Seller shall cooperate in the preparation of and execute any elections that may be necessary or desirable under any Tax Legislation to give effect to the transactions contemplated in this Agreement.
Other Elections. The Company shall have the right, in the sole and absolute discretion of the JV Board or Manager, to make any other elections or determinations required or permitted for federal or state income tax or other tax purposes. The JV Board or Manager may rely upon the advice of the Company’s accountants or tax attorneys with respect to the making of any such election.
Other Elections. Except for the Section 336(e) Election, Buyer shall not make (or permit to be made) an election under Sections 336 or 338 of the Code (or any comparable applicable provision of state, local or foreign Law) with respect to the acquisition of any Transferred Entity that is organized in the United States. Buyer shall not make (or permit to be made) an election under Section 338(g) of the Code (or any comparable applicable provision of state, local or foreign Law) (such election a “Section 338(g) Election”) with respect to the acquisition of any Company (or any eligible Business Subsidiary) that is organized outside the United States, other than those Companies and Business Subsidiaries listed in Section 9.10 of the Disclosure Schedule (the “Section 338(g) Targets”). Buyer shall take (or cause to be taken) all steps necessary in order to effectuate Section 338(g) Elections for the Section 338(g) Targets in accordance with applicable Laws (including the preparation and timely filing of IRS Form 8023 and all similar state, local or foreign Laws).
