Common use of Carrybacks from Post-Affiliation Years Clause in Contracts

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 Ameriprise Scripps Spinco and/or its subsidiaries 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, Ameriprise Scripps Spinco may request AXP Scripps to file a Section 7.02 6.02 Claim with the IRS with respect to the U.S. federal income Tax liability of the AXP Scripps Group for such Affiliation Year. AXP Scripps 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 Credit Credits or domestic source capital loss carryback claims losses to an Affiliation Year, AXP will Scripps shall implement such requests it determines in good faith to be available on the terms set forth hereinafter.