Tax Exempt Entity. Such Transfer is not to a tax-exempt entity (or, if the transferee is a disregarded entity for federal income tax purposes, the Person treated for federal income tax purposes as the owner of its assets is not a tax-exempt entity) (within the meaning of Section 168(h)(2) of the Code) and such Transfer, in the reasonable determination of the Company, does not present a material risk that any property of the Company or any Subject Company would thereby become “tax-exempt use property” within the meaning of Section 168(h)(6) of the Code.
Appears in 5 contracts
Samples: Limited Liability Company Agreement (Clearway Energy LLC), Limited Liability Company Agreement (Clearway Energy, Inc.), Limited Liability Company Agreement (NRG Yield, Inc.)
Tax Exempt Entity. Such Transfer is not to a tax-exempt entity (or, if the transferee is a disregarded entity for federal income tax purposes, the Person treated for federal income tax purposes as the owner of its assets is not a tax-exempt entity) (within the meaning of Section 168(h)(2) of the Code) and such Transfer, in the reasonable determination of the Company, does not present a material risk that any property of the Company or the Pinnacle Project Company or any Subject other subsidiary of the Company would thereby become “tax-exempt use property” within the meaning of Section 168(h)(6) of the Code.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Clearway Energy LLC), Limited Liability Company Agreement (Clearway Energy, Inc.), Limited Liability Company Agreement (Clearway Energy, Inc.)
