Common use of Reasonable Method Clause in Contracts

Reasonable Method. If, with respect to any Protected Property, Treasury Regulations or other official written guidance issued by the Internal Revenue Service (“Guidance”) do not explicitly provide for the manner in which Code Section 704(c) is applied, the relevant Company (and each Subsidiary) shall use the “reasonable method” (within the meaning of the Treasury Regulations Section 1.704-3(a)(1)) that results in the most beneficial tax treatment to the Protected Members; provided, however, that the relevant Company (or Subsidiary) shall not be required to use such method in the future if applicable Guidance or case law determines that such method is not a “reasonable method” (within the meaning of the Treasury Regulations Section 1.704-3(a)(1)).

Appears in 2 contracts

Sources: Tax Protection Agreement (Clipper Realty Inc.), Tax Protection Agreement (Clipper Realty Inc.)