Tax Decisions Not Specified. Tax decisions and elections for the Company not provided for herein shall be made in the discretion of the Manager.
Tax Decisions Not Specified. Tax decisions and elections for the LLC not provided for herein shall be Approved Majority Interest.
Tax Decisions Not Specified. Federal, state, local, foreign and other tax decisions and elections for the Partnership not expressly provided for herein must be approved by the General Partner. The General Partner is the Tax Matters Partner (“TMP”).
Tax Decisions Not Specified. Tax decisions and elections for the Company not provided for herein shall be approved by the Board of Directors.
Tax Decisions Not Specified. Tax decisions and elections for the Joint Venture not provided for herein must be approved by the Management Committee.
Tax Decisions Not Specified. Federal, state, local, foreign and other tax decisions and elections for the Company not expressly provided for herein must be Approved by the Executive Committee. K-W Properties is the Tax Matters Member (“TMM”). Notwithstanding this, all nonministerial decisions regarding tax elections, audit, tax litigation, settlement and other tax matters shall be subject to the Approval of the Executive Committee. For example, but not by way of limitation, the TMM shall not take any position or action with the IRS without prior Approval of the Executive Committee, including but not limited to any decision (i) to enter into a settlement agreement which purports to bind Members other than the TMM; (ii) to file a petition as contemplated in Section 6226(a) or 6226(a) of the Code; (iii) to file any request contemplated in Section 6227(b) of the Code; or (iv) to enter into an agreement extending the period of limitations as contemplated in Section 6229(b)(1)(B) of the Code. The TMM shall promptly take such action as may be necessary to cause each Member to become a “notice member” within the meaning of Section 6231(a)(8) of the Code. The TMM shall furnish to each Member a copy of all notices or other written communications received by the TMM from the IRS. The TMM shall notify each Member of all communications it has had with the IRS and shall keep all Members informed of all matters which may come to its attention in its capacity as TMM by giving them written notice thereof within five (5) days after the TMM becomes informed of any such matter or within such shorter period as may be required by the appropriate statutory or regulatory provisions.
Tax Decisions Not Specified. Tax decisions and elections for the Company not provided for herein shall be determined by the Management Committee, subject to the following procedures. The Management Committee shall supervise the preparation of and determine methods and elections to be used in filing tax returns provided, however, that the Company shall provide notice of contemplated elections or changes in methods used in the preparation of returns to the Parties, no later than 90 days prior to the statutory date for filing, including extensions thereof, and shall consult with the Parties regarding the decisions and elections. The Parties shall have 10 days after the receipt of such notification to make a written objection to the proposed election or method, and following such objection, the Parties shall negotiate in good faith to resolve the disagreement. Should the Parties fail to resolve any such dispute, the matter shall be referred to an independent accounting firm whose determination shall be final and binding on the Parties. If the Parties fails to provide timely written objection as provided for herein, the method or election shall be considered approved by the Parties.
Tax Decisions Not Specified. Tax decisions and elections for the Company not provided for herein must be approved by the Managers.
Tax Decisions Not Specified. Except as provided in Section 6.6, tax decisions and elections for Limited not provided for herein must be approved by the unanimous consent of the Members.
Tax Decisions Not Specified. Tax decisions and elections for the LLC not provided for herein shall be approved by a Majority of Members.
