Characterization of Payments. It is the intention of the parties to this Agreement that payments made pursuant to this Agreement are to be treated as relating back to the Distribution as an adjustment to capital (i.e., capital contribution or distribution), and the parties shall not take any position inconsistent with such intention before any Tax Authority, except to the extent that a final determination (as defined in Section 1313 of the Code) with respect to the recipient party causes any such payment not to be so treated.
Appears in 11 contracts
Samples: Tax Allocation Agreement (Acco World Corp), Tax Allocation Agreement (Fortune Brands Inc), Tax Allocation Agreement (CombiMatrix Corp)
Characterization of Payments. It is the intention of the parties to this Agreement that payments made pursuant to this Agreement are to be treated as relating back to the Distribution as an adjustment to capital (i.e., capital contribution or distribution)the assets and liabilities transferred thereunder, and the parties shall not take any position inconsistent with such intention before any Tax Authority, except to the extent that a final determination (as defined in Section 1313 of the Code) with respect to the recipient party causes any such payment not to be so treated.
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Samples: Tax Allocation Agreement (Meritor Automotive Inc), Tax Allocation Agreement (Rockwell International Corp), Tax Sharing Agreement (Ambassadors Group Inc)
Characterization of Payments. It is the intention of the parties to this Agreement that payments made pursuant to this Agreement are to be treated as relating back to the Distribution time immediately prior to the Merger as an adjustment to capital (i.e., capital contribution or distribution), and the parties shall not take any position inconsistent with such intention before any Tax Authority, except to the extent that a final determination (as defined in Section 1313 of the Code) with respect to the recipient party causes any such payment not to be so treated.
Appears in 2 contracts
Samples: Tax Allocation Agreement (Acco World Corp), Tax Allocation Agreement (Acco Brands Corp)
Characterization of Payments. It is the intention of the parties to this Agreement that payments made pursuant to this Agreement are to be treated as relating back to the Distribution as an adjustment to capital (i.e., capital contribution or distributionreturn of capital), and the parties shall not take any position inconsistent with such intention before any Tax Authority, except to the extent that a final determination (as defined in Section 1313 of the Code) with respect to the recipient party causes any such payment not to be so treated.
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Samples: Tax Allocation Agreement (Rockwell International Corp)
Characterization of Payments. It is the intention of the parties Parties to this Agreement that payments made pursuant to this Agreement are to be treated as relating back to the Separation or the Distribution as an adjustment to capital (i.e., capital contribution or distribution), and the parties Parties shall not take any position inconsistent with such intention before any Tax Authority, except to the extent that a final determination "determination" (as defined in Section 1313 of the Code) with respect to the recipient party Indemnified Party causes any such payment not to be so treated.. ARTICLE IV
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Samples: Tax Sharing Agreement (Verigy Ltd.)
Characterization of Payments. It is the intention of the parties Parties to this Agreement that payments made pursuant to this Agreement are to be treated as relating back to the Separation or the Distribution as an adjustment to capital (i.e., capital contribution or distribution), and the parties Parties shall not take any position inconsistent with such intention before any Tax Authority, except to the extent that a final determination "determination" (as defined in Section 1313 of the Code) with respect to the recipient party Indemnified Party causes any such payment not to be so treated.
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Characterization of Payments. It is the intention of the parties Parties to this Agreement that payments made pursuant to this Agreement are to be treated as relating back to the Separation or the Distribution as an adjustment to capital (i.e., capital contribution or distribution), and the parties Parties shall not take any position inconsistent with such intention before any Tax Authority, except to the extent that a final determination “determination” (as defined in Section 1313 of the Code) with respect to the recipient party Indemnified Party causes any such payment not to be so treated.
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