Estimated Tax Payments. If the Affiliated Group is required to make estimated federal income tax payments (including payment due at the time any extension of time is sought for the filing of the Affiliated Group's federal income tax return), MEMC and each Subsidiary shall, if requested by Wafer Holdings, pay to Wafer Holdings, no later than 2 business days before the date each estimated tax payment is to be made by Wafer Holdings, that percentage of the estimated tax payment that equals the percentage which the estimated separate return tax liability of such Member bears to the aggregate of the Members' estimated separate return tax liabilities for the taxable year computed as provided under Section 2 above. Wafer Holdings shall determine, or cause MEMC to determine, such estimates. Any estimated tax payments made by MEMC or a Subsidiary under this Section 5 with respect to any taxable year shall be applied to reduce the amount, if any, owed by such Member under Section 3 hereof with respect to such year. Any excess of such estimated payments by MEMC or a Subsidiary over the amount described in Section 3 for such year shall be repaid by Wafer Holdings to such Member no later than 10 business days after the date of filing of the consolidated return for such taxable year or, to the extent such excess represents all or a part of a tax refund to be received by the Affiliated Group, no later than 10 business days after the receipt of the refund.
Appears in 2 contracts
Samples: Restructuring Agreement (Memc Electronic Materials Inc), Restructuring Agreement (Memc Electronic Materials Inc)
Estimated Tax Payments. If the Affiliated Group is required to make estimated federal income tax payments (including (i) payment due at the time any extension of time is sought for the filing of the Affiliated Group's federal income tax returnreturn and (ii) any estimated tax payments pursuant to any other tax sharing agreement), MEMC and each Subsidiary shall, if requested by Wafer HoldingsBorrower, pay to Wafer HoldingsBorrower, no later than 2 ten business days before the date each estimated tax payment is to be made by Wafer HoldingsBorrower, that percentage of the estimated tax payment that equals the percentage which the estimated separate return tax liability of such Member Subsidiary bears to the aggregate of the Members' estimated separate return tax liabilities for the taxable year (computed as provided under in Treasury Regulations Section 2 above1.1552-1(a)(2)(ii)). Wafer Holdings Such estimates shall determine, or cause MEMC to determine, such estimatesbe determined by Borrower. Any estimated tax payments made by MEMC or a Subsidiary under this Section paragraph 5 with respect to any taxable year shall be applied to reduce the amount, if any, owed by such Member the Subsidiary under Section paragraph 3 hereof with respect to such year. Any excess of such estimated payments by MEMC or a Subsidiary over the amount described in Section paragraph 3 for such year shall be repaid by Wafer Holdings Borrower to such Member the Subsidiary no later than 10 twenty business days after the date of filing of the consolidated return for such taxable year or, to the extent such excess represents all or a part of a tax refund to be received by the Affiliated Group, no later than 10 twenty business days after the receipt of the refund.
Appears in 1 contract
Samples: Tax Sharing Agreement (Diamond Brands Operating Corp)
Estimated Tax Payments. If the Affiliated Group is required to make estimated federal income tax payments (including payment due at the time any extension of time is sought for the filing of the Affiliated Group's federal income tax return), MEMC and each Subsidiary the Borrower shall, if requested by Wafer Holdings, pay to Wafer Holdings, no later than 2 ten business days before the date each estimated tax payment is to be made by Wafer Holdings, that percentage of the estimated tax payment that equals the percentage which the estimated separate return tax liability of such Member the Borrower Sub- Group bears to the aggregate of the MembersBorrower Sub-Groups' estimated separate return tax liabilities for the taxable year (computed as provided under in Treasury Regulations Section 2 above1.1552- 1(a)(2)(ii)). Wafer Holdings Such estimates shall determine, or cause MEMC to determine, such estimatesbe determined by Holdings. Any estimated tax payments made by MEMC or a Subsidiary the Borrower under this Section paragraph 5 with respect to any taxable year shall be applied to reduce the amount, if any, owed by such Member the Borrower under Section paragraph 3 hereof with respect to such year. Any excess of such estimated payments by MEMC or a Subsidiary the Borrower over the amount described in Section paragraph 3 for such year shall be repaid by Wafer Holdings to such Member the Borrower no later than 10 twenty business days after the date of filing of the consolidated return for such taxable year or, to the extent such excess represents all or a part of a tax refund to be received by the Affiliated Group, no later than 10 twenty business days after the receipt of the refund.
Appears in 1 contract
Estimated Tax Payments. If the Affiliated Group is required to make estimated federal income tax payments (including (i) payment due at the time any extension of time is sought for the filing of the Affiliated Group's federal income tax returnreturn and (ii) any estimated tax payments pursuant to any other tax sharing agreement), MEMC and each Subsidiary shall, if requested by Wafer Holdings, pay to Wafer Holdings, no later than 2 business 10 days before the date each estimated tax payment is to be made by Wafer Holdings, that percentage of the estimated tax payment that equals the percentage which the estimated separate return tax liability Allocated Tax Liability of such Member Subsidiary for such year bears to the aggregate of the Members' Affiliated Group's estimated separate return tax liabilities liability for the taxable year computed as provided under Section 2 aboveyear. Wafer Holdings Such estimates shall determine, or cause MEMC to determine, such estimatesbe determined by Holdings. Any estimated tax payments made by MEMC or a Subsidiary under this Section paragraph 5 with respect to any taxable year shall be applied to reduce the amount, if any, owed by such Member the Subsidiary under Section paragraph 3 hereof with respect to such year. Any excess of such estimated payments by MEMC or a Subsidiary over the amount described in Section paragraph 3 for such year shall be repaid by Wafer Holdings to such Member the Subsidiary no later than 10 business 30 days after the date of filing of the consolidated return for such taxable year or, to the extent such excess represents all or a part of a tax refund to be received by the Affiliated Group, no later than 10 business days after the receipt of the refund.
Appears in 1 contract