PRO FORMA RETURN CALCULATIONS Sample Clauses

PRO FORMA RETURN CALCULATIONS. Each pro forma tax return shall be prepared in accordance with the methodology set forth in the definition of "Downstream Tax Obligation" and, except as expressly provided in such definition, shall be consistent with the federal income tax returns filed by the Green Group. The use of any method, election, or convention that is not determined by past practice of the Green Group must be identified by Green in writing and may be disputed by Downstream. Within 30 days of its receipt of such pro forma returns, Downstream may dispute any amounts shown on such pro forma returns by specifying in writing each disputed item and the amount thereof in dispute. If Green and Downstream are unable to agree with respect to any disputed item within 30 days, the dispute shall be resolved in accordance with the resolution procedure prescribed in paragraph 3.3. Within 30 days after Downstream has received such pro forma returns and all disputes have been resolved, the Downstream Tax Obligation shall be calculated on the basis of such pro forma returns, as adjusted to conform to the manner in which the disputes of issues were resolved. If the resolution procedure has not been completed with respect to any such pro forma return prior to the due date (including extensions) for filing the federal income tax return relating to such pro forma return, Green shall file such tax return in the manner determined by Green reflecting all disputed items that have been resolved in the manner so resolved and reflecting all unresolved disputed items in the manner proposed by Green. Upon the resolution of all such unresolved disputed items, Green may file an amended tax return reflecting the resolution thereof in the manner so resolved.