Adjustments to Refunds. Notwithstanding Section 9.3(a), (b), (c), or (d), if a Final Determination with respect to an Audit includes an adjustment to a Refund previously received by a Party or its Affiliates, such Party shall be liable for one hundred percent (100%) of the amount owed to the extent of such recovery. For purposes of this Section 9.3(e), an amount shall be considered to be owed when it is actually paid or satisfied pursuant to an offset.
Appears in 3 contracts
Samples: Tax Sharing Agreement (Tyco International LTD /Ber/), Tax Sharing Agreement (Tyco Electronics Ltd.), Tax Sharing Agreement (Covidien Ltd.)
Adjustments to Refunds. Notwithstanding Section 9.3(aSections 8.3(a) through (f), (b), (c), or (d)above, if a Final Determination with respect to an Audit includes an adjustment to a Refund previously received by a Party or its Affiliates, such Party shall be liable for one hundred percent (100%) of the amount owed to the extent of such recovery. For purposes of this Section 9.3(e8.3(c), an amount shall be considered to be owed when it is actually paid or satisfied pursuant to an offset.
Appears in 3 contracts
Samples: Tax Sharing Agreement (Hill-Rom Holdings, Inc.), Tax Sharing Agreement (Hillenbrand, Inc.), Tax Sharing Agreement (Batesville Holdings, Inc.)
Adjustments to Refunds. Notwithstanding Section 9.3(a), (b), (c), (d), or (de), if a Final Determination with respect to an Audit includes an adjustment to a Refund previously received by a Party or its Affiliates, such Party shall be liable for one hundred percent (100%) of the amount owed to the extent of such recovery. For purposes of this Section 9.3(e9.3(f), an amount shall be considered to be owed when it is actually paid or satisfied pursuant to an offset.
Appears in 2 contracts
Samples: Tax Sharing Agreement (Covidien Ltd.), Tax Sharing Agreement (Tyco Electronics Ltd.)
