Earnings and Profits. For purposes of determining the earnings and profits of each Group Member, the tax liability of the Group shall be allocated among the Group Members in accordance with Treasury Regulation Sections 1.1552-1(a)(1) and 1.1502-33(d)(3).
Earnings and Profits. The earnings and profits of ILIAC and the Subsidiary shall be determined during the period in which they are members of the affiliated group filing a consolidated tax return by allocating the consolidated tax liability in accordance with Income Tax Regulations Sections 1.1552-1(a)(2) and 1.1502-33(d)(3).
Earnings and Profits. JDSU will advise Holdings in writing of the decrease in JDSU earnings and profits attributable to the Distribution under section 312(h) of the Code on or before the first anniversary of the Distribution Date; provided, however, that JDSU shall provide Holdings with estimates of such amounts (determined in accordance with past practice) prior to such anniversary as reasonably requested by Holdings.
Earnings and Profits. Dell Technologies will advise VMware in writing of the decrease in Dell Technologies earnings and profits or the earnings and profits of a Dell Technologies Affiliate attributable to a Distribution under section 312(h) of the Code on or before the first anniversary of a Distribution; provided, however, that Dell Technologies shall provide VMware with estimates of such amounts (determined in accordance with past practice) prior to such anniversary as reasonably requested by VMware.
Earnings and Profits. The allocation of earnings and profits described in Section 312(h) of the Code and Treasury Regulation section 1.312-10 shall be made by Western Atlas in its sole discretion and its good faith determination shall be binding on the parties hereto. Western Atlas shall provide such allocation to UNOVA on or before the second anniversary of the Distribution Date.
Earnings and Profits. The earnings and profits of ING U.S. and the Subsidiaries shall be determined during the period in which they are members of the affiliated group filing a consolidated tax return by allocating the consolidated tax liability in accordance with Income Tax Regulations §§1.1552-1(a)(2) and 1.1502-33(d)(3).
Earnings and Profits. The Federal Income Tax liability of the Consolidated Group shall, for purposes of determining the earnings and profits of each member, be allocated in accordance with the methods prescribed in Treasury Regulation section 1.1552-1(a)(2) and Treasury Regulation section 1.1502-33(d)(2)(ii) (using 100% as the fixed percentage).
Earnings and Profits. For purposes of determining earnings and profits (“E&P”) of each Member of the BNPP USA affiliated group, the method for allocation of taxes set forth in Sections 1.1552-1(a)(2) and 1.1502-33(d)(2)(ii) of the Income Tax Regulations shall be applied. In the event the consent of the Commissioner of Internal Revenue is obtained (if required), a different method of allocating taxes for purposes of determining E&P may be applied in the Corporate Tax Department’s discretion.
Earnings and Profits. ALLETE will advise ADESA in writing of the decrease in ALLETE earnings and profits attributable to the Distribution under section 312(h) of the Code on or before the first anniversary of the Distribution; provided, however, that ALLETE shall provide ADESA with estimates of such amounts (determined in accordance with past practice) prior to such anniversary as reasonably requested by ADESA.
Earnings and Profits. PKS shall determine the amount of PKS's earnings and profits that are properly allocated to the PKS Group and the KMC Group at the time of the Split-Off under Treasury Regulation Section 1.312-10.
