Common use of Publicly Traded Partnership Clause in Contracts

Publicly Traded Partnership. Notwithstanding anything to the contrary herein, if the General Partner of the Partnership determines that an Exchange would pose a material risk that the Partnership would become a “publicly traded partnership” under Section 7704 of the Code, the Exchange shall be null and void.

Publicly Traded Partnership. Notwithstanding anything contrary to the contrary hereinadvice of counsel, if the General Partner of the Partnership Managing Member determines that an Exchange would pose a material risk that the Partnership Company would become a “publicly traded partnership” under Section 7704 of the CodeCode section 7704, the Exchange shall be null and void.