Common use of Taxation as a Partnership Clause in Contracts

Taxation as a Partnership. No election shall be made by the Company or any Member for the Company to be excluded from the application of any of the provisions of Subchapter K, Chapter I of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposes.

Taxation as a Partnership. No election shall be made by the Company Partnership or any Member Partner for the Company Partnership to be excluded from the application of any of the provisions of Subchapter K, Chapter I 1 of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Taxation as a Partnership. No election shall be made by the Company or any Member for the Company to be excluded from the application of any of the provisions provision of Subchapter K, Chapter I 1 of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Taxation as a Partnership. No election shall be made by the Company Partnership or any Member Partner for the Company Partnership to be taxable as an association taxable as a corporation or to be excluded from the application of any of the provisions of Subchapter K, Chapter I 1 of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Taxation as a Partnership. No election shall be made by the Company Venture, or any Member Venturer, for the Company Venture to be excluded from the application of any of the provisions of Subchapter K, Chapter I 1 of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Taxation as a Partnership. No election shall be made by the Company or any Member for the Company to be excluded from the application of any of the provisions of Subchapter K, Chapter I 1 of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Taxation as a Partnership. No election shall be made by the Company or any Member for the Company to be excluded from the application of any provision of the provisions of Subchapter Sub-chapter K, Chapter I 1 of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Taxation as a Partnership. No election shall be made by the Company Partnership, the General Partners or any Member for the Company Limited Partners to be excluded from the application of any of the provisions of Subchapter K, Chapter I of Subtitle A of the Code or from any an similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaw.

Taxation as a Partnership. No Except as may be otherwise provided herein, no election shall be made by the Company or any Member for the Company to be treated as an association taxable as a corporation or to be excluded from the application of any of the provisions of Subchapter K, Chapter I 1 of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Taxation as a Partnership. No election shall be made by the Company Partnership or any Member Partner for the Company Partnership to be excluded from the application of any of the provisions of Subchapter K, Chapter I of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Taxation as a Partnership. No election shall be made by the Company Partnership or any Member Partner for the Company Partnership to be excluded from the application of any of the provisions of Subchapter K, Chapter I 1 of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Taxation as a Partnership. No election shall be made by the Company Partnership, the General Partner, any Limited Partner, Record Holder or any Member for the Company Non-Consenting Investor to be excluded from the application of any of the provisions of Subchapter K, Chapter I of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws. 8.

Taxation as a Partnership. No election shall be made by the Company Partnership or any Member Partner for the Company Partnership to be excluded from the application of any of the provisions of Subchapter K, Chapter I 1 of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposes.laws, without the Consent of the Partners. 53

Taxation as a Partnership. No election shall be made by the Company or any Member for the Company to be excluded from the application of any of the provisions provision of Subchapter K, Chapter I 1, of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Taxation as a Partnership. No election shall be is made by the Company or any Member for [or Manager] of the Company to be excluded from the application of any of the provisions provision of Subchapter K, Chapter I 1 of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.] [

Taxation as a Partnership. No election shall be made by the Company Partnership, the Operating Partnership, the General Partners, or any Member for the Company Limited Partner or Assignee to be excluded from the application of any of the provisions of Subchapter K, Chapter I of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Taxation as a Partnership. No election shall be made by the Company or any Member for or Manager of the Company to be excluded from the application of any of the provisions provision of Subchapter K, Chapter I 1 of Subtitle A of the Code Code, or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Taxation as a Partnership. No election shall be made by the Company or any Member for the Company to be excluded from the application of any of the provisions of Subchapter K, Chapter I of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposes.. ARTICLE 12

Taxation as a Partnership. No election shall be made by the Company Partnership or any Member Partner for the Company Partnership to be excluded from the application of any of the provisions provision of Subchapter K, Chapter I 1 of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Taxation as a Partnership. No election shall be made by the Company Company, or any Member for the Company Member, to be excluded from the application of any of the provisions of Subchapter K, Chapter I 1 of Subtitle A of the Code Code, or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Taxation as a Partnership. No election shall be made by the Company Partnership or any Member Partner for the Company Partnership to be excluded from the application of any of the provisions of Subchapter K, Chapter I 1 of Subtitle A of the Internal Revenue Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Taxation as a Partnership. No election shall be made by the Company or any Member for the Company to be excluded from the application of any of the provisions provision of Subchapter K, Chapter I 1 of Subtitle A of the Code or from any similar provisions of any state tax laws or laws. Neither the Members nor the Company shall take any other action which would cause the Company to be treated in any manner other than as a corporation partnership for federal income tax purposes.

Taxation as a Partnership. No election shall be made by the Company Joint Venture, or any Member for the Company Venturer, to be excluded from the application of any of the provisions of Subchapter K, Chapter I 1 of Subtitle A of the Code Code, or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Taxation as a Partnership. No election shall be made by the Company or any Member for the Company to be excluded from the application of any of the provisions provision of Subchapter K, K. Chapter I of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Taxation as a Partnership. No election shall be made by the Company Partnership or any Member Partner or Assignee for the Company Partnership to be excluded from the application of any of the provisions of Subchapter K, K of Chapter I 1 of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Taxation as a Partnership. No election shall be made by the Company Partnership or any Member Partner for the Company Partnership to be excluded from the application of any of the provisions of Subchapter K, Chapter I 1 of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Taxation as a Partnership. No election shall be made by the Company ------------------------- or any Member for the Company to be excluded from the application of any of the provisions of Subchapter K, Chapter I of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposes.

Taxation as a Partnership. No election shall be made by the Company Partnership or any Member Partner or Assignee for the Company Partnership to be excluded from the application of any of the provisions of Subchapter K, Chapter I 1 of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.