Taxation as Partnership. The Members intend that the Company shall be treated as a partnership for United States federal, state, local and foreign tax purposes and agree to take all reasonable actions, including the amendment hereof (so long as such amendment does not materially adversely affect any Member or its Affiliates) and the execution of other documents, as may reasonably be required to qualify for and receive such treatment and further agree not to take any position or make any election, in a tax return or otherwise, inconsistent therewith.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Red Hat Inc), Limited Liability Company Agreement (Red Hat Inc)
Taxation as Partnership. The Members intend that the Company shall be treated as a partnership for United States U.S. federal, state, local and foreign tax purposes and the Members agree to take all reasonable actions, including the amendment hereof (so long as such amendment does not materially adversely affect any Member or its Affiliates) and the execution of other documents, as may reasonably be required to qualify for and receive such treatment and further agree not to take any position or make any election, in a tax return or otherwise, inconsistent therewith.
Appears in 2 contracts
Samples: Implementation Agreement (Arch Coal Inc), Implementation Agreement (Peabody Energy Corp)
Taxation as Partnership. The Members intend that the Company shall be treated as a partnership for United States federal, state, local and foreign U.S. federal income tax purposes and purposes. The Members agree to take all reasonable actions, including the amendment hereof (so long as such amendment does not materially adversely affect any Member or its Affiliates) of this Agreement and the execution of such other documents, agreements and instruments as may reasonably be required in order for the Company to qualify for and receive such "partnership" treatment for federal, state and further agree not to take any position or make any election, in a local income tax return or otherwise, inconsistent therewithpurposes.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Northstar Capital Investment Corp /Md/)