Common use of Duplicative Payments Clause in Contracts

Duplicative Payments. It is intended that the provisions of this Agreement will not result in a duplicative payment of any amount (including interest) required under this Agreement. It is also intended that the provisions of (i) this Agreement, subject to ARTICLE IV and Section 7.12 and (ii) the Continuing LLC Owner TRA, subject to Article IV and section 7.12 of the Continuing LLC Owner TRA, will result in 85% of the Cumulative Net Realized Tax Benefit (but calculated taking into account all Mergers by all Exchanged Owners and all Exchanges by all LLC Unit Holders as of any time) as of any determination date being paid in the aggregate to the Exchanged Owners pursuant to this Agreement and the LLC Unit Holders pursuant to the Continuing LLC Owner TRA. The provisions of this Agreement shall be construed in the appropriate manner to ensure such intentions are realized.

Appears in 1 contract

Sources: Tax Receivable Agreement (Us LBM Holdings, Inc.)

Duplicative Payments. It is intended that the provisions of this Agreement will not result in a duplicative payment of any amount (including interest) required under this Agreement. It is also intended that the provisions of (i) this Agreement, subject to ARTICLE IV and Section 7.12 and (ii) the Continuing Former LLC Owner TRA, subject to Article IV and section 7.12 of the Continuing Former LLC Owner TRA, will result in 85% of the Cumulative Net Realized Tax Benefit (but calculated taking into account all Mergers by all Exchanged Owners and all Exchanges by all LLC Unit Holders as of any timetime and all Mergers by all Exchanged Owners) as of any determination date being paid in the aggregate to the Exchanged Owners LLC Unit Holders pursuant to this Agreement and the LLC Unit Holders Exchanged Owners pursuant to the Continuing Former LLC Owner TRA. The provisions of this Agreement shall be construed in the appropriate manner to ensure such intentions are realized.

Appears in 1 contract

Sources: Tax Receivable Agreement (Us LBM Holdings, Inc.)