Common use of Tax Returns and Tax Deficiencies Clause in Contracts

Tax Returns and Tax Deficiencies. Each Unit Holder agrees that such Unit Holder shall not treat any Company item inconsistently on such Unit Holder’s federal, state, foreign or other income tax return with the treatment of the item on the Company’s return. Any deficiency for taxes imposed on any Unit Holder (including penalties, additions to tax or interest imposed with respect to such taxes and any taxes imposed pursuant to Code Section 6226 as amended by the BBA) will be paid by such Unit Holder and if required to be paid (and actually paid) by the Company, will be recoverable from such Unit Holder as provided in Section 4.2.

Appears in 3 contracts

Samples: Operating Agreement (Highwater Ethanol LLC), Operating Agreement, Operating Agreement (Cardinal Ethanol LLC)

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Tax Returns and Tax Deficiencies. Each Unit Holder agrees that such Unit Holder shall not treat any Company item inconsistently on such Unit Holder’s 's federal, state, foreign foreign, or other income tax return with the treatment of the item on the Company’s 's return. Any deficiency for taxes imposed on any Unit Holder (including penalties, additions to tax tax, or interest imposed with respect to such taxes and any taxes imposed pursuant to Code Section 6226 as amended by the BBA) will be paid by such Unit Holder and if required to be paid (and actually paid) by the Company, will be recoverable from such Unit Holder as provided in Section 4.2.

Appears in 1 contract

Samples: The Member Control Agreement

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