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 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.)

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After Tax Amounts. If If, pursuant to a Final Determination Determination, it is determined that the receipt or accrual of any payment made under this Agreement (other than payments pursuant to Section 1.6 or of interest pursuant to Section 8.04(e) of 4.1(e)), including any payment made pursuant to this Agreement) Section 4.1(d), is subject to any Taxincludible in income by the receiving party, the Party party making such payment shall be liable for pay to the receiving party an additional amount equal to (a) the After-After Tax Amount with respect to such payment and (b) interest at the rate described in Section 8.04(e4.1(e) of this Agreement on the amount of any Tax attributable to such Tax inclusion in income from the date such Tax accrues through the date of payment of such After-After Tax Amount. A Party 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 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 Sharing Agreement (Cendant Corp), Tax Sharing Agreement (PHH Corp), Tax Sharing Agreement (PHH Corp)

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After Tax Amounts. If If, pursuant to a Final Determination 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 12.03(e)), including any payment made pursuant to this Agreement) Section 12.03(d), is subject to any Taxincludible in income by the receiving Party, the Party making such payment shall be liable for pay to the receiving Party an additional amount equal to (a) the After-After Tax Amount with respect to such payment and (b) interest at the rate described in Section 8.04(e12.03(e) of this Agreement on the amount of any Tax attributable to such Tax inclusion in income 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 (Tim Hortons Inc.)

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