Common use of Interest Under This Agreement Clause in Contracts

Interest Under This Agreement. Anything herein to the contrary notwithstanding, to the extent one Company (“Indemnitor”) makes a payment of interest to another Company (“Indemnitee”) under this Agreement, the interest payment shall be treated as interest expense to the Indemnitor (deductible to the extent provided by Law) and as interest income by the Indemnitee (includible in income to the extent provided by Law). The amount of the payment shall not be adjusted to take into account any associated Tax Benefit to the Indemnitor or increase in Tax to the Indemnitee.

Appears in 3 contracts

Sources: Tax Matters Agreement (ZimVie Inc.), Tax Matters Agreement (Zimmer Biomet Holdings, Inc.), Tax Matters Agreement (ZimVie Inc.)

Interest Under This Agreement. Anything herein to the contrary notwithstanding, to the extent one Company (“Indemnitor”) makes a payment of interest to another Company (“Indemnitee”) under Section 15 of this Agreement, the interest payment shall be treated as interest expense to the Indemnitor (deductible to the extent provided by Lawlaw) and as interest income by the Indemnitee (includible in income to the extent provided by Lawlaw). The amount of the payment shall not be adjusted under Section 2.02 to take into account any associated Tax Benefit to the Indemnitor or increase in Tax to the Indemnitee.

Appears in 3 contracts

Sources: Tax Allocation Agreement (Post Holdings, Inc.), Tax Allocation Agreement (Post Holdings, Inc.), Tax Allocation Agreement (Post Holdings, Inc.)

Interest Under This Agreement. Anything herein to the contrary notwithstanding, to the extent one Company (“Indemnitor”"indemnitor") makes a payment of interest to another Company (“Indemnitee”"indemnitee") under Section 6 of this Agreement, the interest payment shall be treated as interest expense to the Indemnitor indemnitor (deductible to the extent provided by Lawlaw) and as interest income by the Indemnitee indemnitee (includible in income to the extent provided by Lawlaw). The amount of the payment shall not be adjusted under Section 13.2 to take into account any associated Tax Benefit to the Indemnitor indemnitor or increase in Tax to the Indemniteeindemnitee.

Appears in 3 contracts

Sources: Tax Indemnification and Allocation Agreement (SCS Transportation Inc), Tax Indemnification and Allocation Agreement (SCS Transportation Inc), Tax Indemnification and Allocation Agreement (Yellow Corp)