Common use of Pre-Distribution Transfer Pricing Tax Audits Clause in Contracts

Pre-Distribution Transfer Pricing Tax Audits. In connection with any Final Determination with respect to a Pre-Distribution Transfer Pricing Tax Audit: (i) Tyco International shall be liable for and shall pay or cause to be paid to the applicable Taxing Authority, Tyco Healthcare, or Tyco Electronics (as the case may be) an amount equal to the Tyco International Sharing Percentage of the additional Taxes owed as a result of such Final Determination that are attributable to a Pre-Distribution Tax Period or the portion of a Straddle Tax Period ending on the Distribution Date. (ii) Tyco Electronics shall be liable for and shall pay or cause to be paid to the applicable Taxing Authority, Tyco International, or Tyco Healthcare (as the case may be) an amount equal to the Tyco Electronics Sharing Percentage of the additional Taxes owed as a result of such Final Determination that are attributable to a Pre-Distribution Tax Period or the portion of a Straddle Tax Period ending on the Distribution Date. (iii) Tyco Healthcare shall be liable for and shall pay or cause to be paid to the applicable Taxing Authority, Tyco International, or Tyco Electronics (as the case may be) an amount equal to the Tyco Healthcare Sharing Percentage of the additional Taxes owed as a result of such Final Determination that are attributable to a Pre-Distribution Tax Period or the portion of a Straddle Tax Period ending on the Distribution Date.

Pre-Distribution Transfer Pricing Tax Audits. In connection with any Final Determination with respect to a Pre-Distribution Transfer Pricing Tax Audit: (i) Tyco International shall be liable for and shall pay or cause to be paid to the applicable Taxing Authority, Tyco Healthcare, or Tyco Electronics (as the case may be) an amount equal to the Tyco International Sharing Percentage of the additional Taxes owed due and payable as a result of such Final Determination that are attributable to a Pre-Distribution Tax Period or the portion of a Straddle Tax Period ending on the Distribution Date. (ii) Tyco Electronics shall be liable for and shall pay or cause to be paid to the applicable Taxing Authority, Tyco InternationalTyco, or Tyco Healthcare (as the case may be) an amount equal to the Tyco Electronics Sharing Percentage of the additional Taxes owed due and payable as a result of such Final Determination that are attributable to a Pre-Distribution Tax Period or the portion of a Straddle Tax Period ending on the Distribution Date. (iii) Tyco Healthcare shall be liable for and shall pay or cause to be paid to the applicable Taxing Authority, Tyco InternationalTyco, or Tyco Electronics (as the case may be) an amount equal to the Tyco Healthcare Sharing Percentage of the additional Taxes owed due and payable as a result of such Final Determination that are attributable to a Pre-Distribution Tax Period or the portion of a Straddle Tax Period ending on the Distribution Date.