Common use of Pre-Distribution U.S. Income Tax Audits Clause in Contracts

Pre-Distribution U.S. Income Tax Audits. In connection with any Final Determination with respect to a Pre-Distribution U.S. Income 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 U.S. Income Tax Audits. In Except with regard to adjustments to carryback claims in Section 4.2, in connection with any Final Determination with respect to a Pre-Distribution U.S. Income 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.

Pre-Distribution U.S. Income Tax Audits. In Subject to Schedule 9.3(a), in connection with any Final Determination with respect to a Pre-Distribution U.S. Income 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.