Common use of Calculation of Tax Benefit Percentage Clause in Contracts

Calculation of Tax Benefit Percentage. (i) The Tax Benefit Percentage equals (A) 100% until the Holdings Group Taxpayers have Realized Tax Benefits attributable to Expected Restructuring Deductions in an aggregate amount equal to 33.33% of the total Expected Restructuring Deductions, (B) 90% until the Holdings Group Taxpayers have Realized Tax Benefits attributable to additional Expected Restructuring Deductions equal to 33.33% of the total Expected Restructuring Deductions, and (C) 80% for the remaining Realized Tax Benefits. Notwithstanding the forgoing, for any period beginning after December 31, 2018, the Tax Benefit Percentage shall be 100%. (ii) For purposes of the calculation of Tax Benefit Percentage, the Expected Restructuring Deductions shall equal the total increase in the basis of tangible and intangible assets of Holdings resulting from the Internal Restructuring that are actually subject to amortization or depreciation for federal income tax purposes.

Appears in 3 contracts

Samples: Tax Agreement (Expressjet Holdings Inc), Tax Agreement (Expressjet Holdings Inc), Tax Agreement (Expressjet Holdings Inc)

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Calculation of Tax Benefit Percentage. (i) The Tax Benefit Percentage equals (A) 100% until the Holdings Group Taxpayers have Realized Tax Benefits attributable to Expected Restructuring Deductions in an aggregate amount equal to 33.33% of the total Expected Restructuring Deductions, (B) 90% until the Holdings Group Taxpayers have Realized Tax Benefits attributable to additional Expected Restructuring Deductions equal to 33.33% of the total Expected Restructuring Deductions, and (C) 80% for the remaining Realized Tax Benefits. Notwithstanding the forgoing, for any period beginning after December 31, 2018, the Tax Benefit Percentage shall be 100%. (ii) . For purposes of the calculation of Tax Benefit Percentage, the Expected Restructuring Deductions shall equal the total increase in the basis of tangible and intangible assets of Holdings resulting from the Internal Restructuring that are actually subject to amortization or depreciation for federal income tax purposes.

Appears in 1 contract

Samples: Tax Agreement (Expressjet Holdings Inc)

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