Common use of Post-Consolidation Year Carrybacks Clause in Contracts

Post-Consolidation Year Carrybacks. (i) If a Subsidiary Consolidated Group federal income tax return for any Post-Consolidation Year reflects a net operating loss, net capital loss, excess tax credits, or any other tax attribute, whether or not the Subsidiary waives the right to carryback any such attribute to a Parent Consolidated Return, no payment with respect to such carrybacks shall be due from Parent. (ii) If a Parent Consolidated Return for any Post-Consolidation Year reflects a net operating loss, net capital loss, excess tax credits, or any other tax attribute, such attribute may be carried back to Parent Consolidated Return for an Agreement Year, and Parent shall be entitled to retain (without any obligation to reimburse the Subsidiary) the full amount of any refund received in connection therewith. In the event that the Subsidiary (or any other member of the Subsidiary Consolidated Group ) receives any refund with respect to an Agreement Year issued in connection with a carryback of a Parent Consolidated Group tax attribute from a Post-Consolidation Year to a Parent Consolidated Return for an Agreement Year, the Subsidiary (or such member of the Subsidiary Consolidated Group) shall promptly pay the full amount of such refund to Parent.

Appears in 2 contracts

Samples: Tax Sharing Agreement (Ply Gem Holdings Inc), Tax Sharing Agreement (Ply Gem Holdings Inc)

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Post-Consolidation Year Carrybacks. (i) If a Subsidiary Consolidated Group federal income tax return for any Post-Consolidation Year reflects a net operating loss, net capital loss, excess tax credits, or any other tax attribute, whether or not the Subsidiary waives the right to carryback any such attribute to a Parent Consolidated Return, no payment with respect to such carrybacks shall be due from Parent. (ii) If a Parent Consolidated Return for any Post-Consolidation Year reflects a net operating loss, net capital loss, excess tax credits, or any other tax attribute, such attribute may be carried back to Parent Consolidated Return for an Agreement Year, and Parent shall be entitled to retain (without any obligation to reimburse the Subsidiary) the full amount of any refund received in connection therewith. In the event that the Subsidiary (or any other member of the Subsidiary Consolidated Group Group) receives any refund with respect to an Agreement Year issued in connection with a carryback of a Parent Consolidated Group tax attribute from a Post-Consolidation Year to a Parent Consolidated Return for an Agreement Year, the Subsidiary (or such member of the Subsidiary Consolidated Group) shall promptly pay the full amount of such refund to Parent.

Appears in 1 contract

Samples: Tax Sharing Agreement (Cadista Holdings Inc.)

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Post-Consolidation Year Carrybacks. (i) If a Subsidiary Consolidated Group federal income tax return for any Post-Consolidation Year reflects a net operating loss, net capital loss, excess tax credits, or any other tax attribute, whether or not the Subsidiary waives Subsidiaries waive the right to carryback any such attribute to a Parent Consolidated Return, no payment with respect to such carrybacks shall be due from Parent. (ii) If a Parent Consolidated Return for any Post-Consolidation Year reflects a net operating loss, net capital loss, excess tax credits, or any other tax attribute, such attribute may be carried back to Parent Consolidated Return for an Agreement Year, and Parent shall be entitled to retain (without any obligation to reimburse the SubsidiarySubsidiaries) the full amount of any refund received in connection therewith. In the event that any of the Subsidiary Subsidiaries (or any other member of the Subsidiary Consolidated Group ) receives any refund with respect to an Agreement Year issued in connection with a carryback of a Parent Consolidated Group tax attribute from a Post-Consolidation Year to a Parent Consolidated Return for an Agreement Year, the such Subsidiary (or such member of the Subsidiary Consolidated Group) shall promptly pay the full amount of such refund to Parent.

Appears in 1 contract

Samples: Tax Sharing Agreement (Ply Gem Holdings Inc)

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