Common use of CARRYBACKS OR CLAIMS FOR REFUND Clause in Contracts

CARRYBACKS OR CLAIMS FOR REFUND. (a) At the request of OMNOVA and at OMNOVA's expense, GenCorp or one of its Affiliates will file one or more claims for refund (including any tentative carryback or refund adjustment under Section 6411 of the Code) of Taxes with respect to any Pre-Distribution Period resulting from any Carryback generated by any member of the OMNOVA Group from a Post-Distribution Period ("OMNOVA Group Carryback"), provided (subject to Section 4.02(b)) that such refund does not result in any increase in the liability of any member of GenCorp's Group for Taxes for any Tax Period. In the event GenCorp or one of its Affiliates receives a refund for any Pre-Distribution Period resulting from any OMNOVA Group Carryback from a Post-Distribution Period, GenCorp shall immediately remit such refund to OMNOVA.

Appears in 4 contracts

Samples: Tax Matters Agreement (Omnova Solutions Inc), Tax Matters Agreement (Omnova Solutions Inc), Tax Matters Agreement (Gencorp Inc)

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