Common use of Ordering of and Payment for Carrybacks Clause in Contracts

Ordering of and Payment for Carrybacks. (i) In the event that a member of the ICN Group other than a member of the Ribapharm Group, on the one hand, and a member of the Ribapharm Group, on the other hand, are each entitled to carryback a Tax Item to a Pre-Distribution Period, the respective Tax Items shall be used under the rules of applicable Tax Law (which shall be, in the case of Carrybacks to such Tax Periods of the affiliated group of which ICN is the common parent, the rules contained in Treasury Regulation Section 1.1502-21).

Ordering of and Payment for Carrybacks. (i) In the event that a member of the ICN Group other than a member of the Ribapharm RIBAPHARM Group, on the one hand, and a member of the Ribapharm RIBAPHARM Group, on the other hand, are each entitled to carryback a Tax Item to a Pre-Distribution Period, the respective Tax Items shall be used under the rules of applicable Tax Law (which shall be, in the case of Carrybacks to such Tax Periods of the affiliated group of which ICN is the common parent, the rules contained in Treasury Regulation Section 1.1502-21).