No Publicly Traded Partnership. Notwithstanding anything in this Agreement to the contrary, no Transfer of any Membership Interest may be made if, in the reasonable determination of the Board of Managers, such Transfer would result in the Company being treated as a “publicly traded partnership” within the meaning of Code Section 7704(b).
Appears in 2 contracts
Samples: Implementation Agreement (Peabody Energy Corp), Implementation Agreement (Arch Coal Inc)
No Publicly Traded Partnership. Notwithstanding anything in this Agreement to the contrary, no Transfer of any a Membership Interest may be made if, if in the reasonable determination of the Board of Managers, Tax Matters Partner such Transfer would result in the Company being treated as a “publicly traded partnership” within the meaning of Code Section 7704(b)) of the Code.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Red Hat Inc), Limited Liability Company Agreement (Red Hat Inc)
