Carrybacks from Post-Affiliation Years Sample Clauses

Carrybacks from Post-Affiliation Years. (a) Carryback Items. If Ameriprise and/or its subsidiaries sustain U.S. federal capital or net operating losses or generate U.S. federal Credits in a Post-Affiliation Year which may be carried back to an Affiliation Year and will generate an Income Tax Benefit, Ameriprise may request AXP to file a Section 7.02 Claim with the IRS with respect to the U.S. federal income Tax liability of the AXP Group for such Affiliation Year. AXP shall have sole discretion whether to accept a request to file carryback claims (except for foreign Tax Credit or domestic source capital loss carryback claims) and file any amended Tax Returns or claims for refund relating thereto, which discretion may be exercised without regard to satisfying a standard of good faith or any other standard provided for in this Agreement or elsewhere. With regard to requests to file foreign Tax Credit or domestic source capital loss carryback claims to an Affiliation Year, AXP will implement such requests it determines in good faith to be available on the terms set forth hereinafter.

Carrybacks from Post-Affiliation Years. (a) Carryback Items. If Journal Spinco and/or its Affiliates sustain U.S. federal capital or net operating losses or generate U.S. federal Credits in a Post-Affiliation Year which may be carried back to an Affiliation Year and will generate an Income Tax Benefit, Journal Spinco may request Journal to file a Section 6.02 Claim with the IRS with respect to the U.S. federal income Tax liability of the Journal Group for such Affiliation Year. Journal shall have sole discretion whether to accept a request to file carryback claims (except for foreign Tax Credit or domestic source capital loss carryback claims) and file any amended Tax Returns or claims for refund relating thereto, which discretion may be exercised without regard to satisfying a standard of good faith or any other standard provided for in this Agreement or elsewhere. With regard to requests to file claims to carryback foreign Tax Credits or domestic source capital losses to an Affiliation Year, Journal shall implement such requests it determines in good faith to be available on the terms set forth hereinafter.

Carrybacks from Post-Affiliation Years. Notwithstanding any other provision of this Agreement, Txx Hortons shall elect (under Section 172(b)(3) of the Code and, to the extent feasible, any similar provision of any state, local or foreign Tax law) to relinquish any right to carry back net operating losses to any Wendy’s Consolidated and Combined Income Tax Return. Wendy’s shall be entitled to any refunds or credits for refund therefor.

Carrybacks from Post-Affiliation Years