Common use of Right to Make Section 754 Election Clause in Contracts

Right to Make Section 754 Election. The Board, in its sole discretion, may make or revoke, on behalf of the Company, an election in accordance with Section 754 of the Code, so as to adjust the basis of Company property in the case of a distribution of property within the meaning of Section 734 of the Code, and in the case of a transfer of Interests within the meaning of Section 743 of the Code.

Appears in 8 contracts

Samples: Limited Liability Company Agreement (Rice Energy Inc.), Limited Liability Company Agreement (MPLX Lp), Limited Liability Company Agreement (Markwest Energy Partners L P)

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Right to Make Section 754 Election. The BoardCompany Board may, in its sole discretion, may make or apply for permission with the Commissioner of the Internal Revenue Service to revoke, on behalf of the Company, an election in accordance with Section 754 ss.754 of the Code, so as to adjust the basis of Company property in the case of a distribution of property within the meaning of Section 734 ss.734 of the Code, and in the case of a transfer of Interests a Company interest within the meaning of Section 743 ss.743 of the Code. Each Member shall, upon request of the Company, supply the information necessary to give effect to such an election.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Usa Networks Inc), Limited Liability Company Agreement (Tele Communications Inc /Co/)

Right to Make Section 754 Election. The Board, in its sole discretion, Board may make or revoke, on behalf of the Company, an election in accordance with Section 754 of the Code, so as to adjust the basis of Company property in the case of a distribution of property within the meaning of Section 734 of the Code, and in the case of a transfer of Interests a Company interest within the meaning of Section 743 of the Code. Each Member shall, upon request of the Board, supply the information necessary to give effect to such an election.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Wilmington Trust Corp), Limited Liability Company Agreement (Wilmington Trust Corp)

Right to Make Section 754 Election. The Board, in its sole discretion, may make or revokeBoard shall, on behalf of the Company, make an election in accordance with Section 754 of the Code, so as to adjust the basis of Company property in the case of a distribution of property within the meaning of Section 734 of the Code, and in the case of a transfer of Interests within the meaning of Section 743 of the Code.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Rice Energy Inc.)

Right to Make Section 754 Election. The BoardBoard may, in its sole discretion, may make or revoke, on behalf of the Company, an election in accordance with Section 754 ss.754 of the Code, so as to adjust the tax basis of Company property in the case of a distribution of property within the meaning of Section 734 ss.734 of the Code, and in the case of a transfer of Interests a Company interest within the meaning of Section 743 ss.743 of the Code. Each of the Members shall, upon request of the Board, supply the information necessary to give effect to such an election.

Appears in 1 contract

Samples: Limited Liability Company Agreement (MBW Foods Inc)

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Right to Make Section 754 Election. The BoardBoard may, in its sole discretion, may make or revoke, on behalf of the Company, an election in accordance with Section Sections 754 of the Code, so as to adjust the tax basis of Company property in the case of a distribution of property within the meaning of Section Sections 734 of the Code, and in the case of a transfer of Interests a Company interest within the meaning of Section Sections 743 of the Code. Each of the Members shall, upon request of the Board, supply the information necessary to give effect to such an election.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Aurora Foods Inc /Md/)

Right to Make Section 754 Election. The BoardBoard may, in its sole discretion, may make or revoke, on behalf of the Company, an election in accordance with Section 754 of the Code, so as to adjust the tax basis of Company property in the case of a distribution of property within the meaning of Section 734 of the Code, and in the case of a transfer of Interests a Company interest within the meaning of Section 743 of the Code. Each of the Members shall, upon request of the Board, supply the information necessary to give effect to such an election.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Aurora Foods Inc /Md/)

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