Tax Partnership. It is the intention of the Members that the Company be classified as a partnership for U.S. federal income tax purposes. Unless otherwise approved in accordance with Section 8.2 and Section 8.4(b), neither the Company nor any Member shall make an election for the Partnership to be excluded from the application of the provisions of subchapter K of chapter 1 of subtitle A of the Code or any similar provisions of applicable state Law or to be classified as other than a partnership pursuant to Treasury Regulation Section 301.7701-3.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Magnum Hunter Resources Corp), Limited Liability Company Agreement (Magnum Hunter Resources Corp)
Tax Partnership. It is the intention of the Members that the Company be classified as a partnership for U.S. federal income tax purposes. Unless otherwise approved in accordance with Section 8.2 and Section 8.4(b)by each Member, neither the Company nor any Member shall make an election for the Partnership Company to be excluded from the application of the provisions of subchapter K of chapter 1 of subtitle A of the Code or any similar provisions of applicable state Law or to be classified as other than a partnership pursuant to Treasury Regulation Section 301.7701-3.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Enbridge Energy Partners Lp), Operating and Construction Management Agreement (Enbridge Energy Partners Lp)
Tax Partnership. It is the intention of the Members that the Company be classified as a partnership for U.S. federal income tax purposes. Unless otherwise approved in accordance with Section 8.2 and Section 8.4(b8.5(a), neither the Company nor any Member shall make an election for the Partnership to be excluded from the application of the provisions of subchapter K of chapter 1 of subtitle A of the Code or any similar provisions of applicable state Law law or to be classified as other than a partnership pursuant to Treasury Regulation Section 301.7701-3.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Laredo Petroleum - Dallas, Inc.), Limited Liability Company Agreement (Laredo Petroleum, Inc.)
Tax Partnership. It is the intention of the Members that the Company be classified as a partnership for U.S. federal income tax purposes. Unless otherwise approved in accordance with Section 8.2 and Section 8.4(b)determined by the Steering Committee, neither the Company nor any Member shall make an election for the Partnership partnership to be excluded from the application of the provisions of subchapter K of chapter 1 of subtitle A of the Code or any similar provisions of applicable state Law law or to be classified as other than a partnership pursuant to Treasury Regulation Section §301.7701-3.
Appears in 2 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (Caesars Entertainment Operating Company, Inc.)
Tax Partnership. It is the intention of the Members that the Company be classified as a partnership for U.S. federal income tax purposes. Unless otherwise approved in accordance with Section 8.2 and Section 8.4(b)by the Managing Member, neither the Company nor any Member shall make an election for the Partnership Company to be excluded from the application of the provisions of subchapter K of chapter 1 of subtitle A of the Code or any similar provisions of applicable state Law or to be classified as other than a partnership pursuant to Treasury Regulation Section 301.7701-3.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Ranger Energy Services, Inc.), Limited Liability Company Agreement (Ranger Energy Services, Inc.)
Tax Partnership. It is the intention of the Members that the Company be classified as a partnership for U.S. federal income tax purposes. Unless otherwise approved in accordance with Section 8.2 and Section 8.4(b), neither Neither the Company nor any Member shall make an election for the Partnership Company to be excluded from the application of the provisions of subchapter K of chapter 1 of subtitle A of the Code or any similar provisions of applicable state Law law or to be classified as other than a partnership pursuant to Treasury Regulation Section 301.7701-3.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Ecosphere Technologies Inc), Limited Liability Company Agreement (Ecosphere Technologies Inc)
Tax Partnership. It is the intention of the Members that the Company be classified as a partnership for U.S. federal income tax purposes. Unless otherwise approved in accordance with Section 8.2 and Section 8.4(b), neither Neither the Company nor any Member shall make an election for the Partnership to be excluded from the application of the provisions of subchapter K of chapter 1 of subtitle A of the Code or any similar provisions of applicable state Law law or to be classified as other than a partnership pursuant to Treasury Regulation Section 301.7701-3.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Ashford Inc.), Limited Liability Company Agreement (Genesis Energy Lp)
Tax Partnership. It is the intention of the Members that the Company be classified as a partnership for U.S. federal income tax purposes. Unless otherwise approved in accordance with Section 8.2 and Section 8.4(b)7.6, neither the Company nor any Member shall make an election for the Partnership Company to be excluded from the application of the provisions of subchapter K of chapter 1 of subtitle A of the Code or any similar provisions of applicable state Law or to be classified as other than a partnership pursuant to Treasury Regulation Section 301.7701-3.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Ranger Energy Services, Inc.), Limited Liability Company Agreement (Ranger Energy Services, Inc.)
Tax Partnership. It Except as provided in Section 7.6, it is the intention of the Members that the Company be classified as a partnership for U.S. federal income tax purposes. Unless otherwise approved in accordance with Section 8.2 and Section 8.4(b), neither Neither the Company nor any Member shall make an election for the Partnership Company to be excluded from the application of the provisions of subchapter K of chapter 1 of subtitle A of the Code or any similar provisions of applicable state Law or to be classified as other than a partnership pursuant to Treasury Regulation Section 301.7701-3.
Appears in 2 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (Antero Resources Midstream Management LLC)
Tax Partnership. It is the intention of the Members that the Company be classified as a partnership for U.S. federal Federal income tax purposes. Unless otherwise approved in accordance with by the Board pursuant to Section 8.2 and Section 8.4(b5.1(c)(xxix), neither the Company nor any Member shall make an election for the Partnership Company to be excluded from the application of the provisions of subchapter K of chapter 1 of subtitle A of the Code or any similar provisions of applicable state State Law or to be classified as other than a partnership pursuant to Treasury Regulation Section 301.7701-3.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (PBF Holding Co LLC), Contribution Agreement (PBF Holding Co LLC)
Tax Partnership. It is the intention of the Members that the Company be classified as a partnership for U.S. federal income tax purposes. Unless otherwise approved in accordance with Section 8.2 and Section 8.4(b)by each Member, neither the Company nor any Member shall make an election for the Partnership to be excluded from the application of the provisions of subchapter K of chapter 1 of subtitle A of the Code or any similar provisions of applicable state Law or to be classified as other than a partnership pursuant to Treasury Regulation Section 301.7701-3.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Hi-Crush Partners LP)
Tax Partnership. It is the intention of the Members that the Company be classified as a partnership for U.S. federal income tax purposes. Unless otherwise approved in accordance with Section 8.2 and Section 8.4(b)by the Manager, neither the Company nor any Member shall make an election for the Partnership Company to be excluded from the application of the provisions of subchapter K of chapter 1 of subtitle A of the Code or any similar provisions of applicable state Law law or to be classified as other than a partnership pursuant to Treasury Regulation Section 301.7701-3.
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (Laredo Oil, Inc.)
Tax Partnership. It is the intention of the Members that the Company be classified as a partnership for U.S. federal income tax purposes. Unless otherwise approved in accordance with Section 8.2 and Section 8.4(b)approved, neither the Company nor any Member shall make an election for the Partnership Company to be excluded from the application of the provisions of subchapter K of chapter 1 of subtitle A of the Code or any similar provisions of applicable state Law law or to be classified as other than a partnership pursuant to Treasury Regulation Regulations Section 301.7701-3, and no provision of this Agreement (including Section 2.7) shall be construed to sanction or approve such an election.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Enbridge Energy Partners Lp)
Tax Partnership. It is the intention of the Members that the Company be classified as a single partnership for U.S. federal Federal and applicable state and local income tax purposes. Unless otherwise approved in accordance with Section 8.2 and Section 8.4(b)by all of the Members, neither the Company nor any Member shall make an election for the Partnership Company to be excluded from the application of the provisions of subchapter Subchapter K of chapter Chapter 1 of subtitle Subtitle A of the Code or any similar or corresponding provisions of applicable state or local Law or to be classified as other than a partnership pursuant to Treasury Regulation Section 301.7701-3.
Appears in 1 contract
Tax Partnership. It is the intention of the Members that the Company be classified as a partnership for U.S. federal income tax purposes. Unless otherwise approved in accordance with Section 8.2 and Section 8.4(b)by the Sponsor, neither the Company nor any Member shall make an election for the Partnership Company to be excluded from the application of the provisions of subchapter K of chapter 1 of subtitle A of the Code or any similar provisions of applicable state Law or to be classified as other than a partnership pursuant to Treasury Regulation Section 301.7701-3.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Nexeo Solutions Finance Corp)
Tax Partnership. It is the intention of the Members that the Company be classified as a partnership for U.S. federal income tax purposes. Unless otherwise approved in accordance with Section 8.2 and Section 8.4(b)by the Managing Member, neither the Company nor any Member shall make an election for the Partnership Company to be excluded from the application of the provisions of subchapter K of chapter 1 of subtitle A of the Code or any similar provisions of applicable state Law law or to be classified as other than a partnership pursuant to Treasury Regulation Section 301.7701-3.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Talos Resources LLC)
Tax Partnership. It is the intention of the Members that the Company be classified as a partnership for U.S. federal income tax purposes. Unless otherwise approved in accordance with Section 8.2 and Section 8.4(b), neither Neither the Company nor any Member shall make an election for the Partnership partnership to be excluded from the application of the provisions of subchapter K of chapter 1 of subtitle A of the Code or any similar provisions of applicable state Law law or to be classified as other than a partnership pursuant to Treasury Regulation Section §301.7701-3.
Appears in 1 contract
Samples: Limited Liability Company Agreement
Tax Partnership. It is the intention of the Members that the Company be classified as a partnership for U.S. federal income tax purposes. Unless otherwise approved in accordance with Section 8.2 and Section 8.4(b)by the Board, neither the Company nor any Member shall make an election for or take any other action causing the Partnership Company to be excluded from the application of the provisions of subchapter K of chapter 1 of subtitle A of the Code or any similar provisions of applicable state Law or to be classified as other than a partnership pursuant to Treasury Regulation Section 301.7701-3. Upon Manager unanimous approval the Company may elect to be taxed as a corporation.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Robertson Corbin J Jr)
Tax Partnership. It is the intention of the Members that the Company be classified as a partnership for U.S. federal income tax purposes. Unless otherwise approved (i) by the Sponsor and (ii) in accordance with Section 8.2 and Section 8.4(b8.5(b)(xiii), neither the Company nor any Member shall make an election for the Partnership Company to be excluded from the application of the provisions of subchapter K of chapter 1 of subtitle A of the Code or any similar provisions of applicable state Law or to be classified as other than a partnership pursuant to Treasury Regulation Section 301.7701-3.
Appears in 1 contract
Samples: Limited Liability Company Agreement (USW Financing Corp.)
Tax Partnership. It is the intention of the Members that the Company be classified as a partnership for U.S. federal income tax purposes. Unless otherwise approved in accordance with Section 8.2 and Section 8.4(b8.5(b), neither the Company nor any Member shall make an election for the Partnership to be excluded from the application of the provisions of subchapter K of chapter 1 of subtitle A of the Code or any similar provisions of applicable state Law law or to be classified as other than a partnership pursuant to Treasury Regulation Section 301.7701-3.
Appears in 1 contract
Samples: Limited Liability Company Agreement (RoyaltyTraders LLC)
Tax Partnership. It is the intention of the Members that the Company be classified as a partnership for U.S. federal Federal income tax purposes. Unless otherwise approved in accordance with by the Board pursuant to Section 8.2 and Section 8.4(b5.1(d)(xiii), neither the Company nor any Member shall make an election for the Partnership Company to be excluded from the application of the provisions of subchapter K of chapter 1 of subtitle A of the Code or any similar provisions of applicable state State Law or to be classified as other than a partnership pursuant to Treasury Regulation Section 301.7701-3.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Phillips 66 Partners Lp)
Tax Partnership. It is the intention of the Members that the Company be classified as a partnership for U.S. federal income tax Tax purposes. Unless otherwise approved in accordance with Section 8.2 and Section 8.4(b), neither Neither the Company nor any Member shall make an election for the Partnership Company to be excluded from the application of the provisions of subchapter K of chapter 1 of subtitle A of the Code or any similar provisions of applicable state Law or to be classified as other than a partnership pursuant to Treasury Regulation Section 301.7701-3.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Fortis Minerals, LLC)