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 8.04(e) of this Agreement) 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 8.04(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 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 Sharing Agreement (TreeHouse Foods, Inc.), Tax Sharing Agreement (Dean Foods Co/), Tax Sharing Agreement (TreeHouse Foods, 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 8.04(e) of this Agreement6.05(e)) is subject to any Tax, the Party making such payment shall be liable for (a) the After-After Tax Amount with respect to such payment and (b) interest at the rate described in Section 8.04(e6.05(e) of this Agreement 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-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 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 8.04(e7.05(e), payments to fund or refund Compuware Distribution Taxes to or from Covisint pursuant to Section 5.04(a), whether or not pursuant to a Final Determination) of this Agreement) is subject to results in 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 8.04(e7.05(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.
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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 8.04(e) of this Agreement7.05(e)) 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 8.04(e7.05(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.
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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 8.04(e3.1(e) of this Agreement) is subject to any Tax, the Party making such payment shall be liable for for: (a1) the After-After Tax Amount with respect to such payment payment; and (b2) interest at the rate described in Section 8.04(e3.1(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-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.
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Samples: Tax Allocation and Indemnification Agreement (Ecost Com Inc)