Carryovers and Carrybacks. Carryovers or carrybacks of any Tax Items attributable to the Tax Assets shall be considered to be subject to the rules of the Code and the Treasury Regulations governing the use, limitation and expiration of carryovers or carrybacks of the relevant type. If a carryover or carryback of any Tax Item includes a portion that is attributable to a Tax Asset and another portion that is not, the portion attributable to the Tax Asset shall be considered to be used in accordance with the “with and without” methodology.
Carryovers and Carrybacks. If, for any taxable period ending on or after December 31, 1986, any of the Subsidiaries have Net Losses which, under the applicable tax codes may be carried over or carried back to any taxable period in which Parent filed, or reasonably anticipates that it will file, a Consolidated Return which includes such Subsidiary, and such Net Losses give rise to a reduction in the tax liability of the Consolidated Group that would not have arisen if such Subsidiary were excluded from the Consolidated Group for any such taxable period, Mission Group shall pay to the applicable First Tier Subsidiary an amount equal to the actual reduction in the tax liability of the Consolidated Group for the taxable period to which such Net Losses may be carried, which is attributable to such carryover or carryback. Payment of such amount shall be made by Mission Group (i) in the case of a carryover, on or before the later of (a) the 15th day of the third month after the end of the taxable period with respect to which the tax liability of the Consolidated Group was reduced and (b) the date on which such reduction in tax liability is finally determined, which shall be not later than 90 days after the Consolidated Return for such taxable period is filed; and (ii) in the case of a carryback, when the Consolidated Group shall receive, or be deemed to receive, the refund attributable to such carryback.
Carryovers and Carrybacks. If, for any taxable period ending on or after December 31, 1986, EME or any of its Lower Tier Subsidiaries has Net Losses which, under the applicable tax codes may be carried over or carried back to any taxable period in which Edison International filed, or reasonably anticipates that it will file, a Consolidated Return which includes EME, and such Net Losses give rise to a reduction in the tax liability of the Consolidated Group that would not have arisen if EME or such Lower Tier Subsidiary were excluded from the Consolidated Group for any such taxable period, MEH shall pay to EME an amount equal to the actual reduction in the tax liability of the Consolidated Group for the taxable period to which such Net Losses may be carried, which is attributable to such carryover or carryback. Payment of such amount shall be made by MEH (i) in the case of a carryover, on or before the later of (a) the 15th day of the third month after the end of the taxable period with respect to which the tax liability of the Consolidated Group was reduced and (b) the date on which such reduction in tax liability is finally determined, which shall be not later than 90 days after the Consolidated Return for such taxable period is filed; and (ii) in the case of a carryback, when the Consolidated Group shall receive, or be deemed to receive, the refund attributable to such carryback.
Carryovers and Carrybacks. Carryovers or carrybacks of any Tax Items attributable to the Tax Assets shall be considered to be subject to the rules of the Code and the Treasury Regulations governing the use, limitation and expiration of carryovers or carrybacks of the relevant type. If a carryover or carryback of any Tax Item includes a portion that is attributable to a Tax Asset and another portion that is not, the portion attributable to the Tax Asset shall be considered to be used in accordance with the “with and without” methodology (that is, treating the Tax Assets as the last Tax attributes used in such Taxable Year).
Carryovers and Carrybacks. (a) In the event Tupperware or any other member of the Tupperware Group desires to carry back a loss or other Tax attribute arising after the Distribution Date (excluding, however, any Carryback described in Section 4.01(b)(1)) (the "Tupperware Carryback") to a Pre-Distribution Period, Tupperware shall notify Premark in writing of its intent to carry back such item (and to forego any election to waive such Carryback). Such notification shall include a certification by an appropriate officer of Tupperware setting forth Tupperware's belief, based on a thorough examination of the facts and law relating to the tax treatment of such item, that the tax treatment of such item is supported by "substantial authority" within the meaning of Section 6662 of the Code (and the Treasury Regulations promulgated thereunder). Promptly upon its receipt of such notification, Premark shall notify Tupperware, in writing, as to whether Premark believes that the filing of the Tupperware Carryback will result in any Deemed Tax Reduction under Section 4.02(c) and if so, Premark shall provide information to Tupperware pertaining to the amount of such Deemed Tax Reduction and the computation thereof. Premark shall cooperate with Tupperware in connection with the filing and processing of any Tupperware Carryback and shall provide Tupperware with copies of all correspondence in connection therewith.
(c) For purposes of computing the amount of the Premark Tax Reduction, if, in the absence of the Tupperware Carryback, losses or other Tax attributes of Premark or its Affiliates would have resulted in a reduction of Taxes of the Premark Group for such Period (the "Deemed Tax Reduction"), the amount of the Premark Tax Reduction shall be reduced by the amount of the Deemed Tax Reduction. In the event any losses or other Tax attributes of Premark which are taken into account in computing a Deemed Tax Reduction are subsequently utilized by the Premark Group to reduce Taxes in a future Tax Period, Premark shall be obligated to pay to Tupperware the amount of such subsequent Tax reduction (provided that the aggregate amount of payments to Tupperware with respect to any Tupperware Carryback shall not exceed the Premark Tax Reduction computed without regard to the first sentence of this Section 4.02(c)).
(d) If Premark is required to make a payment to Tupperware with respect to any Tupperware Carryback under this Section 4.02(b), Premark shall have the option, in its sole and absolute discretion, ...
Carryovers and Carrybacks. Carryovers or carrybacks of any income, gain, loss (including any NOLs), deduction, or credit attributable to the Tax Assets shall be considered to be subject to the rules of the Code and the Treasury Regulations governing the use, limitation and expiration of carryovers or carrybacks of the relevant type (including sections 382, 383 and 384 of the Code). If a carryover or carryback of any Tax item includes a portion that is attributable to a Tax Asset and another portion that is not, the portion attributable to the Tax Asset shall be considered to be used in accordance with the “with and without” methodology (that is, treating the Tax Assets as the last tax attributes used in such Taxable Year).
Carryovers and Carrybacks. 10 6.3 Refunds ........................................................... 10 6.4 Allocation of Tax Items ........................................... 10
Carryovers and Carrybacks. For purposes of this Section, Tax or Taxes shall include the amount of Taxes which would have been paid but for the application of any credit or net operating or capital loss deduction attributable to periods beginning after the Closing Date or to any Post-Closing Partial Period.
Carryovers and Carrybacks. For purposes of this Section, Tax or Taxes shall include the amount of Taxes which would have been paid but for the application of any credit or net operating or capital loss deduction attributable to periods beginning after the Closing Date or to any Post-Closing Partial Period. If the Bank earns any credit or loss that is carried back to offset income for a period ending on or prior to the Closing Date and if Seller realized reduction in Tax for such a period as a result of such carryback in the form of a refund, Seller shall pay to Purchaser the amount of such reduction within 30 days after the receipt of the refund; provided, however, that Seller shall not make such payment to Purchaser to the extent Seller could otherwise offset such income (to which such carryback was applied) with Seller's consolidated group's own credit or net operating or capital loss pursuant to normal consolidated return and other applicable rules. Seller shall, at the request of Purchaser, reasonably cooperate in connection with the filing of necessary returns and other documents and the related procedure, and provide a basis for the computation of the amount paid to Purchaser pursuant to this Section in reasonable detail. Purchaser shall be solely responsible for, and shall indemnify and/or reimburse Seller for, any costs or expenses incurred in connection with any carryback or any Tax filing relating thereto.
Carryovers and Carrybacks. If, for any Consolidated Year, a Member has losses or credits which, under the Code, may be carried back to any Consolidated Year in which the Consolidated Group filed a Consolidated Return which included such Subsidiary, and such losses or credits give rise to a reduction in the tax liability of the Consolidated Group that would not have arisen if such Subsidiary were excluded from the Consolidated Group for any such Consolidated Year, then the Separate Tax Liabilities or Separate Tax Benefits, as the case may be, of each Member shall be redetermined in accordance with Section 8. If all or part of an unused loss or tax credit is allocated to a Member pursuant to Treas. Reg. Section 1.1502-79 and is carried back or forward to a year in which such Member filed a separate return or a consolidated return with another affiliated group, any refund or reduction in tax liability arising from the carryback or carryover shall be retained by such Member. Notwithstanding the above, CMS shall determine whether an election shall be made not to carry back the consolidated net operating loss for any taxable year in accordance with Section 172(b)(3)(C) of the Code.
