Protective Section 336(e) Election. After the date hereof, Xxxxxxxxx shall determine, in its sole and absolute discretion, whether to make a protective election under Section 336(e) of the Code and the Treasury Regulations promulgated thereunder (and any corresponding or analogous provisions of state and local Tax Law) in connection with the Distribution with respect to WKKC and each other member of the WKKC Group that is a domestic corporation for U.S. federal income tax purposes (a “Section 336(e) Election”). If Xxxxxxxxx determines that a Section 336(e) Election would be beneficial:
Appears in 4 contracts
Samples: Tax Matters Agreement (WK Kellogg Co), Tax Matters Agreement (Kellanova), Tax Matters Agreement (WK Kellogg Co)
