Characterization of and Adjustments to Payments. (a) In the absence of a Final Determination to the contrary, for all Tax purposes, EFH and Reorganized TCEH shall treat or cause to be treated any payment required by this Agreement (other than any payment treated for Tax purposes as interest) as either a contribution by EFH to Reorganized TCEH or a distribution by Reorganized TCEH to EFH, as the case may be, occurring immediately prior to the Distribution.
Appears in 5 contracts
Samples: Tax Matters Agreement (Vistra Energy Corp), Tax Matters Agreement (Vistra Energy Corp), Tax Matters Agreement (Energy Future Competitive Holdings Co LLC)
Characterization of and Adjustments to Payments. (a) In the absence of a Final Determination to the contrary, for all Tax purposes, the EFH Parties and Reorganized TCEH shall treat or cause to be treated any payment required by this Agreement (other than any payment treated for Tax purposes as interest) as either a contribution by EFH to Reorganized TCEH or a distribution by Reorganized TCEH to EFH, as the case may be, occurring immediately prior to the DistributionEffective Date.
Appears in 1 contract
Samples: Purchase Agreement and Agreement and Plan of Merger (Energy Future Competitive Holdings Co LLC)
