Common use of Allocation of Deductions Clause in Contracts

Allocation of Deductions. To the extent permitted by applicable law, Income Tax deductions arising by reason of exercises of options to acquire SYNNEX or Concentrix stock, vesting of “restricted” SYNNEX stock or Concentrix stock, or settlement of restricted stock awards, restricted stock units, performance-based restricted stock units, performance share units, or deferred stock units, in each case, following the Distribution, with respect to SYNNEX stock or Concentrix stock (such options, restricted stock, restricted stock units, performance share units, and deferred stock units, collectively, “Compensatory Equity Interests”) held by any Person shall be claimed (i) in the case of an SYNNEX Group Employee or Former SYNNEX Group Employee, solely by the SYNNEX Group, and (ii) in the case of a Concentrix Group Employee or Former Concentrix Group Employee, solely by the Concentrix Group. To the extent permitted by applicable law, Income Tax deductions with respect to shares issued under the SYNNEX Equity Plan or the Concentrix Equity Plan (each as defined in the Employee Matters Agreement) shall be claimed (i) in the case of SYNNEX shares issued (or Concentrix shares received in respect of SYNNEX shares issued) under the SYNNEX Equity Plan, solely by the SYNNEX Group, and (ii) in the case of Concentrix shares issued under the Concentrix Equity Plan, solely by the Concentrix Group.

Allocation of Deductions. To (i) Except as provided in Section 6.02(a)(ii), to the extent permitted by applicable law, Income Tax deductions arising by reason of exercises of options to acquire SYNNEX eBay or Concentrix SpinCo stock, vesting of “restricted” SYNNEX eBay stock or Concentrix SpinCo stock, or settlement of restricted stock awards, restricted stock units, performance-based restricted stock units, performance share units, or deferred stock units, in each case, following the Distribution, with respect to SYNNEX eBay stock or Concentrix SpinCo stock (such options, restricted stock, restricted stock units, performance share units, and deferred stock units, collectively, “Compensatory Equity Interests”) held by any Person shall be claimed (i) in the case of an SYNNEX eBay Group Employee or Former SYNNEX eBay Group Employee, solely by the SYNNEX eBay Group, and (ii) in the case of a Concentrix PayPal Group Employee or Former Concentrix PayPal Group Employee, solely by the Concentrix SpinCo Group. To the extent permitted by applicable law, Income Tax deductions with respect to shares issued under the SYNNEX Equity eBay Inc. Employee Stock Purchase Plan or the Concentrix Equity PayPal Employee Stock Purchase Plan (each as defined in the Employee Matters Agreement) shall be claimed (i) in the case of SYNNEX eBay shares issued (or Concentrix SpinCo shares received in respect of SYNNEX eBay shares issued) under the SYNNEX Equity PlaneBay ESPP (as defined in the Employee Matters Agreement), solely by the SYNNEX eBay Group, and (ii) in the case of Concentrix SpinCo shares issued under the Concentrix Equity PlanPayPal ESPP (as defined in the Employee Matters Agreement), solely by the Concentrix SpinCo Group. (ii) To the extent permitted by applicable law, Income Tax deductions arising by reason of exercises of stock options to acquire eBay or SpinCo stock, following the Distribution, held by any Transitioning eBay Group Employee (as defined in the Employee Matters Agreement) shall be claimed by the issuing corporation. To the extent permitted by applicable law, Income Tax deductions arising by reason of vesting of “restricted” eBay stock or SpinCo stock, or settlement of restricted stock units, performance-based restricted stock units, performance share units, or deferred stock units, in each case, following the Distribution, with respect to eBay stock or SpinCo stock held by any Transitioning eBay Group Employee shall be claimed solely by the eBay Group.