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.
Appears in 5 contracts
Samples: Tax Sharing Agreement (Vmware, Inc.), Tax Sharing Agreement (Dell Technologies Inc), Tax Sharing Agreement (Vmware, Inc.)