Agreement from Party Administering and Controlling Audit. Notwithstanding anything to the contrary in this Article IV, any carryback (other than a carryback required by applicable Law) or amended Tax Return and any associated payments of Tax otherwise permitted pursuant to Section 4.2, Section 4.3, and Section 4.4 respectively, shall only be made with the written consent, which shall not be unreasonably withheld, conditioned or delayed, of the Party that would be responsible under Article IX for administering and controlling any Audit that arises with respect to the Tax Return to which the carryback or the amended Tax Return relates, if different from the Party (or its Subsidiary) that is exercising its rights under Section 4.2, Section 4.3, or Section 4.4.
Appears in 7 contracts
Samples: Sharing Agreement, Tax Sharing Agreement (ADT, Inc.), Tax Sharing Agreement (ADT, Inc.)
Agreement from Party Administering and Controlling Audit. Notwithstanding anything to the contrary in this Article IVArticle, any carryback (other than a carryback required by applicable Law) or amended Tax Return and any associated payments of Tax otherwise permitted pursuant to Section 4.2, Section Sections 4.2 and 4.3, and Section 4.4 respectively, shall only be made with at the written consent, which shall not be unreasonably withheld, conditioned or delayed, of time and in the manner determined by the Party that would be responsible under Article IX for administering and controlling any Audit that arises with respect to the Tax Return to which the carryback or the amended Tax Return relates, if different from than the Party that wants (or its Subsidiarywhose Subsidiary wants) that is exercising to exercise its rights under Section 4.2, 4.2 or Section 4.3, or Section 4.4.
Appears in 3 contracts
Samples: Tax Sharing Agreement (Tyco Electronics Ltd.), Tax Sharing Agreement (Covidien Ltd.), Tax Sharing Agreement (Tyco International LTD /Ber/)
Agreement from Party Administering and Controlling Audit. Notwithstanding anything to the contrary in this Article IVArticle, any carryback (other than a carryback required by applicable Law) or amended Tax Return and any associated payments of Tax otherwise permitted pursuant to Section 4.2, Section Sections 4.2 and 4.3, and Section 4.4 respectively, shall only be made with the written consent, which shall not be unreasonably withheld, conditioned or delayed, consent of the Party that would be responsible under Article IX for administering and controlling any Audit that arises with respect to the Tax Return to which the carryback or the amended Tax Return relates, if different from than the Party that wants (or its Subsidiarywhose Subsidiary wants) that is exercising to exercise its rights under Section 4.2, 4.2 or Section 4.3, or Section 4.4.
Appears in 2 contracts
Samples: Tax Sharing Agreement (Tyco Electronics Ltd.), Tax Sharing Agreement (Covidien Ltd.)
Agreement from Party Administering and Controlling Audit. Notwithstanding anything to the contrary in this Article IV, any carryback (other than a carryback required by applicable Law) or amended Tax Return and any associated payments of Tax otherwise permitted pursuant to Section 4.2, Section Sections 4.2 and 4.3, and Section 4.4 respectively, shall only be made with the written consent, which shall not be unreasonably withheld, conditioned or delayed, consent of the Party that would be responsible under Article IX for administering and controlling any Audit that arises with respect to the Tax Return to which the carryback or the amended Tax Return relates, if different from than the Party (or its Subsidiary) that is exercising its rights under Section 4.2, 4.2 or Section 4.3, or Section 4.4.
Appears in 1 contract