Common use of After Tax Amounts Clause in Contracts

After Tax Amounts. If pursuant to a Final Determination it is determined that the receipt or accrual of any payment made under this Agreement (other than payments of interest pursuant to Section 6.5) is subject to any Tax, the Party making such payment shall be liable for (a) the After Tax Amount with respect to such payment and (b) interest at the rate described in Section 6.5 on the amount of such Tax from the date such Tax accrues through the date of payment of such After Tax Amount. A Party making a demand for a payment pursuant to this Agreement and for a payment of an After Tax Amount with respect to such payment shall separately specify and compute such After Tax Amount. However, a Party may choose not to specify an After Tax Amount in a demand for payment pursuant to this Agreement without thereby being deemed to have waived its right subsequently to demand an After Tax Amount with respect to such payment.

Appears in 9 contracts

Samples: Tax Matters Agreement (Theravance Inc), Tax Matters Agreement (Theravance Biopharma, Inc.), Tax Sharing Agreement (FTD Companies, Inc.)

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After Tax Amounts. If pursuant to a Final Determination it is determined that the receipt or accrual of any payment made under this Agreement (other than payments of interest pursuant to Section 6.56.05(e)) is subject to any Tax, the Party making such payment shall be liable for (a) the After Tax Amount with respect to such payment and (b) interest at the rate described in Section 6.5 6.05(e) on the amount of such Tax from the date such Tax accrues through the date of payment of such After Tax Amount. A Party making a demand for a payment pursuant to this Agreement and for a payment of an After Tax Amount with respect to such payment shall separately specify and compute such After Tax Amount. However, a Party may choose not to specify an After Tax Amount in a demand for payment pursuant to this Agreement without thereby being deemed to have waived its right subsequently to demand an After Tax Amount with respect to such payment.

Appears in 5 contracts

Samples: Separation Agreement (Geo Point Resources, Inc.), Tax Matters Agreement (Geo Point Technologies Inc), Tax Matters Agreement (Geo Point Resources, Inc.)

After Tax Amounts. If pursuant to a Final Determination it is determined that the receipt or accrual of any payment made under this Agreement (other than payments of interest pursuant to Section 6.57.04(e) of this Agreement) is subject to any Tax, the Party party making such payment shall be liable for (a) the After Tax Amount with respect to such payment and (b) interest at the rate described in Section 6.5 7.04(e) of this Agreement on the amount of such After Tax Amount from the date such After Tax accrues Amount is due under this Agreement through the date of payment of such After Tax Amount. A Party party making a demand for a payment pursuant to this Agreement and for a payment of an After Tax Amount with respect to such payment shall separately specify and compute such After Tax Amount. However, a Party party may choose not to specify an After Tax Amount in a demand for payment pursuant to this Agreement without thereby being deemed to have waived its right subsequently to demand an After Tax Amount with respect to such payment.

Appears in 5 contracts

Samples: Tax Sharing Agreement (Adesa California, LLC), Tax Sharing Agreement (Adesa Inc), Tax Sharing Agreement (Adesa Inc)

After Tax Amounts. If pursuant to a Final Determination it is determined that the receipt or accrual of any payment made under this Agreement (other than payments of interest pursuant to Section 6.57.05(e) of this Agreement) is subject to any Tax, the Party party making such payment shall be liable for (a) the After Tax Amount with respect to such payment and (b) interest at the rate described in Section 6.5 7.05(e) of this Agreement on the amount of such Tax from the date such Tax accrues through the date of payment of such After Tax Amount. A Party party making a demand for a payment pursuant to this Agreement and for a payment of an After Tax Amount with respect to such payment shall separately specify and compute such After Tax Amount. However, a Party party may choose not to specify an After Tax Amount in a demand for payment pursuant to this Agreement without thereby being deemed to have waived its right subsequently to demand an After Tax Amount with respect to such payment.

Appears in 4 contracts

Samples: Tax Matters Agreement (Vmware, Inc.), Letter Agreement (Vmware, Inc.), Letter Agreement (Dell Technologies Inc.)

After Tax Amounts. If pursuant to a Final Determination it is determined that the receipt or accrual of any payment made under this Agreement (other than payments of interest pursuant to Section 6.57.5(e)) is subject to any Tax, the Party party making such payment shall be liable for (a) the After Tax Amount with respect to such payment and (b) interest at the rate described in Section 6.5 7.5(e) on the amount of such Tax from the date such Tax accrues through the date of payment of such After Tax Amount. A Party party making a demand for a payment pursuant to this Agreement and for a payment of an After Tax Amount with respect to such payment shall separately specify and compute such After Tax Amount. However, a Party party may choose not to specify an After Tax Amount in a demand for payment pursuant to this Agreement without thereby being deemed to have waived its right subsequently to demand an After Tax Amount with respect to such payment.

Appears in 4 contracts

Samples: Tax Matters Agreement (Lumentum Holdings Inc.), Tax Matters Agreement (Lumentum Holdings Inc.), Tax Matters Agreement (Lumentum Holdings Inc.)

After Tax Amounts. If pursuant to a Final Determination it is determined that the receipt or accrual of any payment made under this Agreement (other than (i) payments for Tax Services pursuant to Section 2.06, and (ii) payments of interest pursuant to Section 6.57.05(e)) is subject to any Tax, the Party making such payment shall be liable for (a) the After Tax Amount with respect to such payment and (b) interest at the rate described in Section 6.5 7.05(e) on the amount of such Tax from the date such Tax accrues with respect to the receipt of such payment through the date of payment of such After Tax Amount. A Party making a demand for a payment pursuant to this Agreement and for a payment of an After Tax Amount with respect to such payment shall separately specify and compute such After Tax Amount. However, a Party may choose not to specify an After Tax Amount in a demand for payment pursuant to this Agreement without thereby being deemed to have waived its right subsequently to demand an After Tax Amount with respect to such payment.

Appears in 4 contracts

Samples: Tax Matters Agreement (Spectra Energy Corp.), Tax Matters Agreement (Duke Energy CORP), Tax Matters Agreement (Gas SpinCo, Inc.)

After Tax Amounts. If pursuant to a Final Determination it is determined that the receipt or accrual of any payment made under this Agreement (other than payments of interest pursuant to Section 6.57.05(e)) is subject to any Tax, the Party making such payment shall be liable for (a) the After Tax Amount with respect to such payment and (b) interest at the rate described in Section 6.5 7.05(e) on the amount of such Tax from the date such Tax accrues through the date of payment of such After Tax Amount. A Party making a demand for a payment pursuant to this Agreement and for a payment of an After Tax Amount with respect to such payment shall separately specify and compute such After Tax Amount. However, a Party may choose not to specify an After Tax Amount in a demand for payment pursuant to this Agreement without thereby being deemed to have waived its right subsequently to demand an After Tax Amount with respect to such payment.

Appears in 3 contracts

Samples: Tax Matters Agreement (PHYHEALTH Corp), Tax Matters Agreement (Applied Biosystems Inc.), Tax Matters Agreement (Celera CORP)

After Tax Amounts. If pursuant to a Final Determination it is determined that the receipt or accrual of any payment made under this Agreement (other than payments of interest pursuant to Section 6.56.05(e)) is subject to any Tax, the Party making such payment shall be liable for (a) the After Tax Amount with respect to such payment and (b) interest at the rate described in Section 6.5 6.05(e) on the amount of such Tax from the date such Tax accrues with respect to the receipt of such payment through the date of payment of such After Tax Amount. A Party making a demand for a payment pursuant to this Agreement and for a payment of an After Tax Amount with respect to such payment shall separately specify and compute such After Tax Amount. However, a Party may choose not to specify an After Tax Amount in a demand for payment pursuant to this Agreement without thereby being deemed to have waived its right subsequently to demand an After Tax Amount with respect to such payment.

Appears in 3 contracts

Samples: Tax Matters Agreement (Temple Inland Inc), Tax Matters Agreement (CIPAR Inc.), Tax Matters Agreement (Forestar Real Estate Group Inc.)

After Tax Amounts. If pursuant to a Final Determination it is determined that the receipt or accrual of any payment made under this Agreement (other than payments of interest pursuant to Section 6.57.04(e) of this Agreement) is subject to any Tax, the Party party making such payment shall be liable for (a) the After Tax Amount with respect to such payment and (b) interest at the rate described in Section 6.5 7.04(e) of this Agreement on the amount of such Tax from the date such Tax accrues through the date of payment of such After Tax Amount. A Party party making a demand for a payment pursuant to this Agreement and for a payment of an After Tax Amount with respect to such payment shall separately specify and compute such After Tax Amount. However, a Party party may choose not to specify an After Tax Amount in a demand for payment pursuant to this Agreement without thereby being deemed to have waived its right subsequently to demand an After Tax Amount with respect to such payment.

Appears in 2 contracts

Samples: Tax Sharing Agreement, Tax Sharing Agreement (TRW Automotive Inc)

After Tax Amounts. If pursuant to a Final Determination it is determined that the receipt or accrual of any payment made under this Agreement (other than payments of interest pursuant to Section 6.5) is subject to any Tax, the Party party making such payment shall be liable for (a) the After Tax Amount with respect to such payment and (b) interest at the rate described in Section 6.5 on the amount of such Tax from the date such Tax accrues through the date of payment of such After Tax Amount. A Party party making a demand for a payment pursuant to this Agreement and for a payment of an After Tax Amount with respect to such payment shall separately specify and compute such After Tax Amount. However, a Party party may choose not to specify an After Tax Amount in a demand for payment pursuant to this Agreement without thereby being deemed to have waived its right subsequently to demand an After Tax Amount with respect to such payment.

Appears in 2 contracts

Samples: Tax Sharing Agreement (Clearwater Paper Corp), Tax Sharing Agreement (Potlatch Forest Products CORP)

After Tax Amounts. If pursuant to a Final Determination it is ----------------- determined that the receipt or accrual of any payment made under this Agreement (other than payments of interest pursuant to Section 6.5Sections 5.5 or 6.5 of this Agreement) is subject to any Tax, the Party party making such payment shall be liable for (a) the After Tax Amount with respect to such payment and (b) interest at the rate described in Section 6.5 of this Agreement on the amount of such Tax from the date such Tax accrues through the date of payment of such After Tax Amount. A Party party making a demand for a payment pursuant to this Agreement and for a payment of an After Tax Amount with respect to such payment shall separately specify and compute such After Tax Amount. However, a Party party may choose not to specify an After Tax Amount in a demand for payment pursuant to this Agreement without thereby being deemed to have waived its right subsequently to demand an After Tax Amount with respect to such payment.

Appears in 2 contracts

Samples: Tax Sharing Agreement (Agilent Technologies Inc), Tax Sharing Agreement (Agilent Technologies Inc)

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After Tax Amounts. If pursuant to a Final Determination it is determined that the receipt or accrual of any payment made under this Agreement (other than payments of interest pursuant to Section 6.55.1(e)) is subject to any Tax, the Party party making such payment shall be liable for (a) the After Tax Amount with respect to such payment and (b) interest at the rate described in Section 6.5 5.1(e) on the amount of such Tax from the date such Tax accrues through the date of payment of such After Tax Amount. A Party party making a demand for a payment pursuant to this Agreement and for a payment of an After Tax Amount with respect to such payment shall separately specify and compute such After Tax Amount. However, a Party party may choose not to specify an After Tax Amount in a demand for payment pursuant to this Agreement without thereby being deemed to have waived its right subsequently to demand an After Tax Amount with respect to such payment.

Appears in 2 contracts

Samples: Tax Sharing Agreement (NTL Europe Inc), Tax Sharing Agreement (NTL Inc)

After Tax Amounts. If pursuant to a Final Determination it is determined that the receipt or accrual of any payment made under this Agreement (other than payments of interest pursuant to Section 6.56.05(e) of this Agreement) is subject to any Tax, the Party making such payment shall be liable for (ai) the After Tax Amount with respect to such payment and (bii) interest at the rate described in Section 6.5 6.05(e) of this Agreement on the amount of such Tax from the date such Tax accrues through the date of payment of such After Tax Amount. A Party making a demand for a payment pursuant to this Agreement and for a payment of an After Tax Amount with respect to such payment shall separately specify and compute such After Tax Amount. However, a Party may choose not to specify an After Tax Amount in a demand for payment pursuant to this Agreement without thereby being deemed to have waived its right subsequently to demand an After Tax Amount with respect to such payment.

Appears in 2 contracts

Samples: Tax Matters Agreement (LiveWire Group, Inc.), Tax Matters Agreement (Harley-Davidson, Inc.)

After Tax Amounts. If pursuant to a Final Determination it is determined that the receipt or accrual of any payment made under this Agreement (other than payments of interest pursuant to Section 6.53.5 of this Agreement) is subject to any Tax, the Party making such payment shall be liable for for: (a1) the After Tax Amount with respect to such payment payment; and (b2) interest at the rate described in Section 6.5 3.5 of this Agreement on the amount of such After Tax Amount from the date such After Tax accrues Amount is due under this Agreement through the date of payment of such After Tax Amount. A Party making a demand for a payment pursuant to this Agreement and for a payment of an After Tax Amount with respect to such payment shall separately specify and compute such After Tax Amount. However, a Party may choose not to specify an After Tax Amount in a demand for payment pursuant to this Agreement without thereby being deemed to have waived its right subsequently to demand an After Tax Amount with respect to such payment.

Appears in 2 contracts

Samples: Tax Allocation and Indemnification Agreement (Pc Mall Inc), Tax Allocation and Indemnification Agreement (Ecost Com Inc)

After Tax Amounts. If pursuant to a Final Determination it is determined that the receipt or accrual of any payment made under this Agreement (other than payments of interest pursuant to Section 6.56.3(e)) is subject to any Tax, the Party party making such payment shall be liable for (a) the After Tax Amount with respect to such payment and (b) interest at the rate described in Section 6.5 6.3(e) on the amount of such Tax from the date such Tax accrues through the date of payment of such After Tax Amount. A Party party making a demand for a payment pursuant to this Agreement and for a payment of an After Tax Amount with respect to such payment shall separately specify and compute such After Tax Amount. However, a Party party may choose not to specify an After Tax Amount in a demand for payment pursuant to this Agreement without thereby being deemed to have waived its right subsequently to demand an After Tax Amount with respect to such payment.

Appears in 1 contract

Samples: Tax Sharing Agreement (Coach Inc)

After Tax Amounts. If pursuant to a Final Determination it is ----------------- determined that the receipt or accrual of any payment made under this Agreement (other than payments of interest pursuant to Section 6.5Sections 5.5 or 6.4 of this Agreement) is subject to any Tax, the Party party making such payment shall be liable for (a) the After Tax Amount with respect to such payment and (b) interest at the rate described in Section 6.5 6.4 of this Agreement on the amount of such Tax from the date such Tax accrues through the date of payment of such After Tax Amount. A Party party making a demand for a payment pursuant to this Agreement and for a payment of an After Tax Amount with respect to such payment shall separately specify and compute such After Tax Amount. However, a Party party may choose not to specify an After Tax Amount in a demand for payment pursuant to this Agreement without thereby being deemed to have waived its right subsequently to demand an After Tax Amount with respect to such payment.

Appears in 1 contract

Samples: Tax Sharing Agreement (Agilent Technologies Inc)

After Tax Amounts. If pursuant to a Final Determination it is determined that the receipt or accrual of any payment made under this Agreement (other than payments of interest pursuant to Section 6.57.05(e)) is subject to any Tax, the Party making such payment shall be liable for (ai) the After After-Tax Amount with respect to such payment and (bii) interest at the rate described in Section 6.5 7.05(e) on the amount of such Tax from the date such Tax accrues through the date of payment of such After After-Tax Amount. A Party making a demand for a payment pursuant to this Agreement and for a payment of an After After-Tax Amount with respect to such payment shall separately specify and compute such After After-Tax Amount. However, a Party may choose not to specify an After After-Tax Amount in a demand for payment pursuant to this Agreement without thereby being deemed to have waived its right subsequently to demand an After After-Tax Amount with respect to such payment.

Appears in 1 contract

Samples: Tax Sharing Agreement (Covisint Corp)

After Tax Amounts. If pursuant to a Final Determination it is determined that the receipt or accrual of any payment made under this Agreement (other than payments of interest pursuant to Section 6.53.1(e) of this Agreement) is subject to any Tax, the Party making such payment shall be liable for for: (a1) the After Tax Amount with respect to such payment payment; and (b2) interest at the rate described in Section 6.5 3.1(e) of this Agreement on the amount of such After Tax Amount from the date such After Tax accrues Amount is due under this Agreement through the date of payment of such After Tax Amount. A Party making a demand for a payment pursuant to this Agreement and for a payment of an After Tax Amount with respect to such payment shall separately specify and compute such After Tax Amount. However, a Party may choose not to specify an After Tax Amount in a demand for payment pursuant to this Agreement without thereby being deemed to have waived its right subsequently to demand an After Tax Amount with respect to such payment.

Appears in 1 contract

Samples: Tax Allocation and Indemnification Agreement (Ecost Com Inc)

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