Withholding Tax Rate. Any withholdings referred to in this Section 5.3 shall be made at the maximum applicable statutory rate under the applicable tax law unless ERP Member shall have received an opinion of counsel, or other evidence, reasonably satisfactory to ERP Member to the effect that a lower rate is applicable or that no withholding or payment is required.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Avalonbay Communities Inc), Limited Liability Company Agreement (Avalonbay Communities Inc), Limited Liability Company Agreement (Erp Operating LTD Partnership)
Withholding Tax Rate. Any withholdings referred to in this Section 5.3 shall be made at the maximum applicable statutory rate under the applicable tax law unless ERP Member shall have received an opinion of counsel, or other evidence, reasonably satisfactory to the ERP Member to the effect that a lower rate is applicable or that no withholding or payment is required.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Avalonbay Communities Inc), Limited Liability Company Agreement (Erp Operating LTD Partnership)
Withholding Tax Rate. Any withholdings referred to in this Section 5.3 5.8 shall be made at the maximum applicable statutory rate under the applicable tax law Law unless ERP Member the Company shall have received an opinion of counsel, counsel or other evidence, reasonably satisfactory to ERP Member the Company, to the effect that a lower rate is applicable applicable, or that no withholding or payment is requiredapplicable.
Appears in 2 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Agreement
