Common use of Earnings and Profits Clause in Contracts

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.

Appears in 3 contracts

Samples: Tax Sharing Agreement (Baker Hughes Inc), Sharing Agreement (Western Atlas Inc), Sharing Agreement (Unova Inc)

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Earnings and Profits. The allocation of earnings and profits described in Section 312(h) of the Code and Treasury Regulation section Treas. Reg. 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.

Appears in 1 contract

Samples: Tax Sharing Agreement (Western Atlas Inc)

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Earnings and Profits. The allocation of earnings and profits described in Section 312(h) of the Code and Treasury Regulation section 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.

Appears in 1 contract

Samples: Tax Sharing Agreement (Unova Inc)

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