Overwithholding. Neither the Company nor the Board shall be liable for any excess taxes withheld in respect of any Distribution or allocation of income or gain to a Member. In the event of an overwithholding, a Member’s sole recourse shall be to apply for a refund from the appropriate Taxing Authority.
Appears in 15 contracts
Samples: Class B Preferred Unit Purchase Agreement (Learn SPAC HoldCo, Inc.), Class B Preferred Unit Purchase Agreement (Learn SPAC HoldCo, Inc.), Limited Liability Company Agreement (Longeveron LLC)
Overwithholding. Neither the Company nor the Board shall be liable for any excess taxes withheld in respect of any Distribution or allocation of income or gain to a Member. In the event of an any such overwithholding, a Member’s sole recourse shall be to apply for a refund from the appropriate Taxing Authority.
Appears in 10 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Agreement, Limited Liability Company Agreement
Overwithholding. Neither the Company nor the Board of Managers shall be liable for any excess taxes withheld in respect of any Distribution or allocation of income or gain to a Member. In ’s interest in the Company, and, in the event of an overwithholding, a Member’s sole recourse shall be to apply for a refund from the appropriate Taxing Authoritygovernmental authority.
Appears in 7 contracts
Samples: Merger Agreement (STR Holdings (New) LLC), Merger Agreement (STR Holdings, Inc.), Limited Liability Company Agreement (STR Holdings (New) LLC)
Overwithholding. Neither the Company nor the Board Managers shall be liable for any excess taxes withheld in respect of any Distribution distribution or allocation of income or gain to a Member. In the event of an overwithholding, a Member’s sole recourse shall be to apply for a refund from the appropriate Taxing Authority.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Great Elm Capital Corp.), Limited Liability Company Agreement (Great Elm Capital Corp.), Limited Liability Company Agreement (CurrencyWorks Inc.)
Overwithholding. Neither the Company nor the Board Manager shall be liable for any excess taxes withheld in respect of any Distribution distribution or allocation of income or gain to a Member. In the event of an overwithholding, a Member’s sole recourse shall be to apply for a refund from the appropriate Taxing Authority.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Rayven Properties, LLC), Operating Agreement (HCo Cape May LLC)
Overwithholding. Neither the Company nor the Board shall be liable for any excess taxes withheld in respect of any Distribution or (prior to the Corporate Election Effective Date) allocation of income or gain to a Member. In the event of an overwithholding, a Member’s sole recourse shall be to apply for a refund from the appropriate Taxing Authority.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Ascend Wellness Holdings, LLC), Limited Liability Company Agreement (Ascend Wellness Holdings, LLC)
Overwithholding. Neither the Company nor the Board Managing Member shall be liable for any excess taxes withheld in respect of any Distribution distribution or allocation of income or gain to a Member. In the event of an overwithholding, a Member’s 's sole recourse shall be to apply for a refund from the appropriate Taxing Authority.
Appears in 2 contracts
Overwithholding. Neither the Company nor the Board Manager shall be liable for any excess taxes withheld in respect of any Distribution distribution or allocation of income or gain to a Member. In the event of an overwithholding, a Member’s 's sole recourse shall be to apply for a refund from the appropriate Taxing Authority.
Appears in 2 contracts
Samples: Operating Agreement, Operating Agreement
Overwithholding. Neither the Company nor the Board any Member shall be liable for any excess taxes withheld in respect of any Distribution or allocation of income or gain to a Member. In the event of an overwithholding, a Member’s 's sole recourse shall be to apply for a refund from the appropriate Taxing Authority.
Appears in 2 contracts
Samples: Operating Agreement (Csac Acquisition Inc.), Limited Liability Company Agreement (Capstone Therapeutics Corp.)
Overwithholding. Neither the Company nor the Board Members shall be liable for any excess taxes withheld in respect of any Distribution distribution or allocation of income or gain to a Member. In the event of an overwithholding, a Member’s 's sole recourse shall be to apply for a refund from the appropriate Taxing Authority.
Appears in 2 contracts
Samples: Limited Liability Company Operating Agreement (iPower Inc.), Limited Liability Company Operating Agreement (iPower Inc.)
Overwithholding. Neither the Company nor the Board shall be liable for any excess taxes withheld in respect of any Distribution distribution or allocation of income or gain to a Member. In the event of an overwithholding, a Member’s 's sole recourse shall be to apply for a refund from the appropriate Taxing Authority.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (NeoGames S.A.), Limited Liability Company Agreement (Scio Diamond Technology Corp)
Overwithholding. Neither the Company Company, the Tax Matters Partner, nor the Board shall be liable for any excess taxes withheld in respect of any Distribution or allocation of income or gain to a Member. In ’s Membership Interest, and, in the event of an overwithholding, a Member’s sole recourse shall be to apply for a refund from the appropriate Taxing Governmental Authority. The Company will notify a Member if it becomes aware that amounts were erroneously withheld and assist such Member in recovering such amounts.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Woodward, Inc.), Master Agreement (Woodward, Inc.)
Overwithholding. Neither the Company nor the Board shall be liable for any excess taxes withheld in respect of any Distribution or allocation of income or gain to a MemberDistribution. In the event of an overwithholding, a Member’s sole recourse shall be to apply for a refund from the appropriate Taxing Authority.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Calavo Growers Inc), Limited Liability Company Agreement (Calavo Growers Inc)
Overwithholding. Neither the Company nor the Board of Managers nor any of their respective Affiliates shall be liable for any excess taxes withheld in respect of any Distribution or allocation of income or gain to a Member. In ’s interest in the Company, and, in the event of an overwithholding, a Member’s sole recourse shall be to apply for a refund from the appropriate Taxing Authoritygovernmental authority.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Archipelago Learning, Inc.)
Overwithholding. Neither the Company Company, the Manager, nor the Board Investment Manager shall be liable for any excess taxes withheld in with respect of to any Distribution distribution or allocation of income or gain to a Member. In the event of an overwithholding, a Member’s sole recourse shall be to apply for a refund from the appropriate Taxing Authority.
Appears in 1 contract
Samples: Limited Liability Company Agreement
Overwithholding. Neither the Company nor the Board shall be liable for any excess taxes withheld in respect of any Distribution distribution or allocation of income or gain to a Member. In the event of an overwithholding, a Member’s 's sole recourse shall be to apply for a refund from the appropriate Taxing Authority; provided that the Company will cooperate with such Member in applying for such refund.
Appears in 1 contract
Overwithholding. Neither the Company nor the Board Managing Member shall be liable for any excess taxes withheld in respect of any Distribution or allocation of income or gain to a Member. In the event of an overwithholding, a Member’s sole recourse shall be to apply for a refund from the appropriate Taxing Authority.
Appears in 1 contract
Overwithholding. Neither the Company nor the Board Managers shall be liable for any excess taxes withheld in respect of any Distribution or allocation of income or gain to a Member. In the event of an overwithholding, a Member’s sole recourse shall be to apply for a refund from the appropriate Taxing Authority.
Appears in 1 contract
Overwithholding. Neither the Company nor the Board shall be liable for any excess taxes withheld in respect of any Distribution or allocation of income or gain to a Member. In the event of an overwithholding, a Member’s 's sole recourse shall be to apply for a refund from the appropriate Taxing Authority.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Good Hemp, Inc.)
Overwithholding. Neither the Company nor the Board Management Committee shall be liable for any excess taxes withheld in respect of any Distribution distribution or allocation of income or gain to a Member. In the event of an overwithholding, a Member’s 's sole recourse shall be to apply for a refund from the appropriate Taxing Authority.
Appears in 1 contract
Samples: Limited Liability Company Agreement (A-Mark Precious Metals, Inc.)
Overwithholding. Neither the Company nor the Board Manager shall be liable for any excess taxes withheld in respect of any Distribution or allocation of income or gain to a Member. In the event of an overwithholding, a Member’s 's sole recourse shall be to apply for a refund from the appropriate Taxing Authority.
Appears in 1 contract
Samples: Operating Agreement
