Partnership Status and Tax Elections. (a) The Members intend that the Company will be taxed as a partnership for United States federal, state and local income tax purposes. The Members agree not to elect to be excluded from the application of Subchapter K of Chapter 1 of Subtitle A of the Code or any similar state statute and agree not to elect for the Company to be treated as a corporation, or an association taxable as a corporation, under the Code or any similar state statute.
Appears in 13 contracts
Samples: Limited Liability Company Agreement (Bloom Energy Corp), Limited Liability Company Agreement (Bloom Energy Corp), Limited Liability Company Agreement (Bloom Energy Corp)
Partnership Status and Tax Elections. (a) The Members intend that the Company will be taxed as a partnership for United States federal, state and local income tax purposes. The Members agree not to elect to be excluded from the application of Subchapter K of Chapter 1 of Subtitle A of the Code or any similar state statute with respect to their Membership Interests and agree not to elect for the Company to be treated as a corporation, or an association taxable as a corporation, under the Code or any similar state statute.
Appears in 9 contracts
Samples: Limited Liability Company Agreement (Vivint Solar, Inc.), Limited Liability Company Agreement (Vivint Solar, Inc.), Limited Liability Company Agreement (Vivint Solar, Inc.)
Partnership Status and Tax Elections. (a) The Members intend that the Company will be taxed as a partnership for United States federal, state and local income tax purposes. The Members agree not to elect to be excluded from the application of Subchapter K of Chapter 1 of Subtitle A of the Code or any similar state statute and agree not to elect for the Company to be treated as a corporation, or an association taxable as a corporation, under the Code or any similar state statute.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Ormat Technologies, Inc.), Limited Liability Company Agreement (Ormat Technologies, Inc.), Limited Liability Company Agreement (First Wind Holdings Inc.)
Partnership Status and Tax Elections. (a) The It is the intent of the Members intend that the Company will be taxed as a partnership for United States federal, state and local income tax Tax purposes. The Members hereby agree not to elect (a) to be excluded from the application of Subchapter subchapter K of Chapter chapter 1 of Subtitle subtitle A of the Code or any similar state statute and agree not to elect (b) for the Company to be treated as a corporation, or an association taxable as a corporation, under the Code or any similar state statute.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (ARYA Sciences Acquisition Corp IV), Limited Liability Company Agreement (Amicus Therapeutics, Inc.), Joinder Agreement (Digital Media Solutions, Inc.)
Partnership Status and Tax Elections. (a) The It is the intent of the Members intend that the Company will be taxed as a partnership for United States federal, state and local income tax purposes. The Members hereby agree not to elect to be excluded from the application of Subchapter K of Chapter 1 of Subtitle A of the Code or any similar state statute and agree not to elect for the Company to be treated as a corporation, or an association taxable as a corporation, under the Code or any similar state statute.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Renegy Holdings, Inc.), Limited Liability Company Agreement (Marriott International Inc /Md/), Limited Liability Company Agreement (Marriott International Inc /Md/)
Partnership Status and Tax Elections. (a) The Members intend that the Company will be taxed as a partnership for United States federal, state and local income tax purposes. The Members agree not to No Member shall elect to be excluded from the application of Subchapter K of Chapter 1 of Subtitle A of the Code or any similar state statute and agree not to nor elect for the Company to be treated as a corporation, or an association taxable as a corporation, under the Code or any similar state statute.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Soluna Holdings, Inc), Assignment and Assumption Agreement (Soluna Holdings, Inc)
Partnership Status and Tax Elections. (a) The Members intend that the Company will be taxed as a partnership for United States federal, state and local income tax purposes. The Members hereby agree not to elect to be excluded from the application of Subchapter K of Chapter 1 of Subtitle A of the Code or any similar state statute and agree not to elect for the Company to be treated as a corporation, or an association taxable as a corporation, under the Code or any similar state statute.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (First Wind Holdings Inc.), Limited Liability Company Agreement (First Wind Holdings Inc.)
Partnership Status and Tax Elections. (a) The It is the intent of the Members intend that the Company will be taxed as a partnership for United States U.S. federal, state and local income tax Tax purposes. The Members hereby agree not to elect to be excluded from the application of Subchapter K of Chapter 1 of Subtitle A of the Code or any similar state statute and agree not to elect for the Company to be treated as a corporation, or an association taxable as a corporation, under the Code or any similar state statute.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (CVR Energy Inc), Limited Liability Company Agreement (CVR Partners, Lp)
