Common use of Carrybacks Clause in Contracts

Carrybacks. Any net operating losses or similar Tax attribute of the Company or the Company Subsidiary is an asset of the Company that (subject to any applicable limitations imposed by law) is being acquired by Buyer pursuant to the Merger, and neither the Company nor the Company Subsidiary shall elect to carry back any such Tax attributes to prior years of the Company or the Company Subsidiary or otherwise act so as to limit the ability of Buyer to use such attributes subsequent to the Merger.

Carrybacks. Any net operating losses or similar Tax attribute of the Company or the any Company Subsidiary is an asset of the Company that (subject to any applicable limitations imposed by law) is being acquired by Buyer pursuant to the Merger, and neither the Company nor the any Company Subsidiary shall elect to carry back any such Tax attributes to prior years of the Company or the any Company Subsidiary or otherwise act so as to limit the ability of Buyer to use such attributes subsequent to the Merger.