Partnership Treatment. It is intended that the Company shall be treated as a partnership for purposes of Federal, state and local income tax or other taxes, and the Members shall not take any position or make any election, in a tax return or otherwise, inconsistent with such treatment.
Partnership Treatment. The Members are aware that it is intended that the Fund shall be treated as a partnership for purposes of being taxable in accordance with the provisions of subchapter K of the Code, or any comparable provision, and are aware of the income tax consequences of the allocations made by this Article 4 and each Member hereby agrees to be bound by the provisions of this Article 4 in reporting such Member’s share of Fund income and loss for income tax purposes.
Partnership Treatment. The Company shall not file any election pursuant to Regulations Section 301.7701-3(c) to be treated as an entity other than a partnership. The Company shall not elect, pursuant to Section 761(a) of the Code, to be excluded from the provisions of subchapter K of the Code. If requested by the Managing Member, each Member agrees to provide the Company with such assistance as would be required (including signing any election forms) to cause any new direct or indirect Subsidiaries acquired by the Company or any Subsidiary or organized by the Company or any Subsidiary to elect to be treated as a partnership or disregarded entity for U.S. federal tax purposes, such election to be effective on or before the date such new Subsidiary is acquired or organized.
Partnership Treatment. (a) It is the intent of the Members for the Company to be treated as a partnership for U.S. federal, state and local income tax purposes and for each of the Members to be treated as partners in such partnership.
Partnership Treatment. No election shall be made by the Company to be excluded from the application of the provisions of Subchapter K of the Code, or to be treated as an association taxable as a corporation, and all Members agree to treat the Company as a partnership for all federal, state, and local income tax purposes unless otherwise specifically required by law.
Partnership Treatment. It is intended that the Operating Company will be treated as a partnership solely for United States federal and, to the extent permitted by applicable law, state and local income tax purposes. The Members agree to take any action reasonably requested by the Operating Company that may be desirable to ensure that the Operating Company is so treated. No Member shall take any action that is inconsistent with such treatment.
Partnership Treatment. It is intended that Royal Street will be treated as a partnership for United States federal, state and local income tax purposes rather than as an association taxable as a corporation. The Members agree to take any action requested by Royal Street that may be desirable to ensure that Royal Street is so treated. No Member shall take any action that is inconsistent with such treatment.
Partnership Treatment. Each of ARCap High Yield CMBS Fund, L.L.C., ARCap Diversified Risk CMBS Fund, L.L.C., ARCap High Yield CMBS Fund II, L.L.C., ARCap Diversified Risk CMBS Fund II, L.L.C. and ARCap Real Estate Special Situations Mortgage Fund, L.L.C. at all times has been properly treated as a partnership under the Code for federal income tax purposes and for all state and local tax purposes, and no election has been made to treat any such entity as a corporation or disregarded entity for Tax purposes. None of ARCap High Yield CMBS Fund, L.L.C., ARCap Diversified Risk CMBS Fund, L.L.C., ARCap High Yield CMBS Fund II, L.L.C., ARCap Diversified Risk CMBS Fund II, L.L.C. or ARCap Real Estate Special Situations Mortgage Fund, L.L.C. is or at any time has been or under applicable Law properly should be or should have been treated as a "publicly traded partnership" within the meaning of Section 7704(b) of the Code.
Partnership Treatment. 46 4.27 Registration................................................46 4.28 Servicing...................................................46 4.29 Serviced Loan Schedule......................................47 4.30 ERISA.......................................................47 4.31 Disclosure..................................................47 4.32 No Material Adverse Change..................................47
Partnership Treatment. The Board shall use its reasonable best efforts to take such actions as are necessary or appropriate to preserve the status of the Company as a partnership for federal (and applicable state) income tax purposes.
