Common use of Taxation as a Partnership Clause in Contracts

Taxation as a Partnership. No election shall be made by the Company or any Member for the Company to be excluded from the application of any of the provisions of Subchapter K, Chapter I of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposes.

Appears in 19 contracts

Samples: Limited Liability Company Agreement (Natural Resource Partners Lp), Limited Liability Company Agreement (Plains All American Pipeline Lp), Limited Liability Company Agreement (Paa Natural Gas Storage Lp)

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Taxation as a Partnership. No election shall be made by the Company Partnership or any Member Partner for the Company Partnership to be excluded from the application of any of the provisions of Subchapter K, Chapter I 1 of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Appears in 15 contracts

Samples: Agreement (Young Touchstone Co), Agreement (C&G Investments, LLC), Merry Maids Limited Partnership

Taxation as a Partnership. No election shall be made by the Company or any Member for the Company to be excluded from the application of any of the provisions provision of Subchapter K, Chapter I 1 of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Appears in 7 contracts

Samples: Operating Agreement (Village at Oakwood LLC), Operating Agreement (Public Service Co of Oklahoma), Operating Agreement (Public Service Co of Oklahoma)

Taxation as a Partnership. No election shall be made by the Company Partnership or any Member Partner for the Company Partnership to be taxable as an association taxable as a corporation or to be excluded from the application of any of the provisions of Subchapter K, Chapter I 1 of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Appears in 6 contracts

Samples: Cedar Fair L P, Cedar Fair L P, Cedar Fair L P

Taxation as a Partnership. No election shall be made by the Company or any Member for the Company to be excluded from the application of any of the provisions of Subchapter K, Chapter I 1 of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (Consolidated Container Co LLC), Limited Liability Company Agreement (Consolidated Container Co LLC), Limited Liability Company Agreement (Dean Foods Co)

Taxation as a Partnership. No election shall be made by the Company Venture, or any Member Venturer, for the Company Venture to be excluded from the application of any of the provisions of Subchapter K, Chapter I 1 of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Appears in 4 contracts

Samples: Joint Venture Agreement (InSight Imaging Services Corp.), Joint Venture Agreement (InSight Imaging Services Corp.), Joint Venture Agreement (InSight Imaging Services Corp.)

Taxation as a Partnership. No Except as may be otherwise provided herein, no election shall be made by the Company or any Member for the Company to be treated as an association taxable as a corporation or to be excluded from the application of any of the provisions of Subchapter K, Chapter I 1 of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Ada-Es Inc), Limited Liability Company Agreement (Ada-Es Inc)

Taxation as a Partnership. No election shall be made by the Company Partnership or any Member Partner for the Company Partnership to be excluded from the application of any of the provisions of Subchapter K, Chapter I of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Appears in 2 contracts

Samples: Merry Maids Limited Partnership, ServiceMaster Consumer Services Limited Partnership

Taxation as a Partnership. No election shall be made by the Company or any Member for the Company to be excluded from the application of any provision of the provisions of Subchapter Sub-chapter K, Chapter I 1 of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Appears in 2 contracts

Samples: Operating Agreement (Forward Profit Investing LLC), Operating Agreement (Forward Profit Investing LLC)

Taxation as a Partnership. No election shall be made by the Company Partnership, the General Partners or any Member for the Company Limited Partners to be excluded from the application of any of the provisions of Subchapter K, Chapter I of Subtitle A of the Code or from any an similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaw.

Appears in 2 contracts

Samples: Agreement (U S Restaurant Properties Inc), U S Restaurant Properties Inc

Taxation as a Partnership. No election shall be made by the Company or any Member for the Company to be excluded from the application of any of the provisions provision of Subchapter K, K. Chapter I of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Appears in 1 contract

Samples: Operating Agreement (Usp Mission Hills, Inc.)

Taxation as a Partnership. No election shall be made by the Company or any Member for the Company to be excluded from the application of any of the provisions provision of Subchapter K, Chapter I 1 of Subtitle A of the Code or from any similar provisions of any state tax laws or laws. Neither the Members nor the Company shall take any other action which would cause the Company to be treated in any manner other than as a corporation partnership for federal income tax purposes.

Appears in 1 contract

Samples: Operating Agreement (Global Linguist Solutions LLC)

Taxation as a Partnership. No election shall be made by the Company Joint Venture, or any Member for the Company Venturer, to be excluded from the application of any of the provisions of Subchapter K, Chapter I 1 of Subtitle A of the Code Code, or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Appears in 1 contract

Samples: Joint Venture Agreement (Edge Petroleum Corp)

Taxation as a Partnership. No election shall be made by the Company Company, or any Member for the Company Member, to be excluded from the application of any of the provisions of Subchapter K, Chapter I 1 of Subtitle A of the Code Code, or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Appears in 1 contract

Samples: Limited Liability Company Agreement (KFX Inc)

Taxation as a Partnership. No election shall be made by the Company Partnership, the General Partner, any Limited Partner, Record Holder or any Member for the Company Non-Consenting Investor to be excluded from the application of any of the provisions of Subchapter K, Chapter I of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws. 8.11.

Appears in 1 contract

Samples: www.sec.gov

Taxation as a Partnership. No election shall be made by the Company or any Member for or Manager of the Company to be excluded from the application of any of the provisions provision of Subchapter K, Chapter I 1 of Subtitle A of the Code Code, or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Appears in 1 contract

Samples: Operating Agreement (FIS Healthcare Holdings, LLC)

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Taxation as a Partnership. No election shall be made by the Company or any Member for the Company to be excluded from the application of any of the provisions of Subchapter K, Chapter I of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposes.. ARTICLE 12

Appears in 1 contract

Samples: Limited Liability Company Agreement (Plains All American Pipeline Lp)

Taxation as a Partnership. No election shall be made by the Company Venture, or any Member Venturer, for the Company Venture to be excluded from the application of any of the provisions of Subchapter K, Chapter I 1 of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposes.laws. 7.9

Appears in 1 contract

Samples: Joint Venture Agreement

Taxation as a Partnership. No election shall be made by the Company Partnership or any Member Partner or Assignee for the Company Partnership to be excluded from the application of any of the provisions of Subchapter K, Chapter I 1 of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Appears in 1 contract

Samples: Management Agreement (Centex Development Co Lp)

Taxation as a Partnership. No election shall be made by the Company Partnership, the Operating Partnership, the General Partners, or any Member for the Company Limited Partner or Assignee to be excluded from the application of any of the provisions of Subchapter K, Chapter I of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Appears in 1 contract

Samples: U S Restaurant Properties Inc

Taxation as a Partnership. No election shall will be made by the Company or any Member for the Company to be excluded from the application of any of the provisions of Subchapter K, Chapter I of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposes.of

Appears in 1 contract

Samples: Operating Agreement (Perot Systems Corp)

Taxation as a Partnership. No election shall be made by the Company or any Member for the Company to be excluded from the application of any of the provisions provision of Subchapter K, Chapter I 1, of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Appears in 1 contract

Samples: Operating Agreement (Sterling House Corp)

Taxation as a Partnership. No election shall be made by the Company ------------------------- or any Member for the Company to be excluded from the application of any of the provisions of Subchapter K, Chapter I of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposes.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Plains All American Pipeline Lp)

Taxation as a Partnership. No election shall be is made by the Company or any Member for [or Manager] of the Company to be excluded from the application of any of the provisions provision of Subchapter K, Chapter I 1 of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.] [

Appears in 1 contract

Samples: Operating Agreement

Taxation as a Partnership. No election shall be made by the Company Partnership or any Member Partner for the Company Partnership to be excluded from the application of any of the provisions of Subchapter K, Chapter I 1 of Subtitle A of the Code or from any similar provisions of any state tax laws or to be treated as a corporation for federal tax purposeslaws.

Appears in 1 contract

Samples: ARAMARK FHC Kansas, Inc.

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