No Carryback Election. The Parties hereby agree, except as provided in Section 6(c), (i) not to make or cause to be made any election to claim in any Pre-Closing Xxxxxxx Combined Tax Return an Xxxxxxx Contributed Subsidiary Carried Item from a Post-Closing Period and (ii) to elect, to the extent permitted by Applicable Law, to forgo the right to carry back any Xxxxxxx Contributed Subsidiary Carried Item from a Post-Closing Period to a Pre-Closing Xxxxxxx Combined Tax Return.
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Samples: Tax Matters Agreement (Aspen Technology, Inc.), Transaction Agreement and Plan of Merger (Emersub CX, Inc.), Stockholders Agreement (Emerson Electric Co)
No Carryback Election. The Parties hereby agree, except as provided in Section 6(c), (i) not to make or cause to be made any election to claim in any Pre-Closing Xxxxxxx Exxxxxx Combined Tax Return an Xxxxxxx Exxxxxx Contributed Subsidiary Carried Item from a Post-Closing Period and (ii) to elect, to the extent permitted by Applicable Law, to forgo the right to carry back any Xxxxxxx Exxxxxx Contributed Subsidiary Carried Item from a Post-Closing Period to a Pre-Closing Xxxxxxx Exxxxxx Combined Tax Return.
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