Shared Liability. Notwithstanding Section 2.5(a) to the contrary, the Distributing Group and the Controlled Group shall share equally any Tax described in paragraph (a)(ii) or (a)(iii) if such Tax did not arise as a result of a Prohibited Action or breach of any representation warranty or covenant set forth in Section 11 by any member of the Distributing Group or the Controlled Group.
Appears in 3 contracts
Samples: Tax Sharing Agreement (Anc Rental Corp), Tax Sharing Agreement (Anc Rental Corp), Tax Sharing Agreement (Autonation Inc /Fl)
Shared Liability. Notwithstanding Section 2.5(a) to the contrary, the Distributing Group and the Controlled controlled Group shall share equally any Tax described in paragraph paragraph
(a)(iia) (ii) or (a)(iii) if such Tax did not arise as a result of a Prohibited Action or breach of any representation representation, warranty or covenant set forth in Section 11 by any member of the Distributing Group or the Controlled Group.
Appears in 3 contracts
Samples: Tax Sharing Agreement (Dover Downs Gaming & Entertainment Inc), Tax Sharing Agreement (Dover Downs Entertainment Inc), Tax Sharing Agreement (Dover Downs Gaming & Entertainment Inc)
Shared Liability. Notwithstanding Section 2.5(a) to the contrary, the Distributing Group and the Controlled controlled Group shall share equally any Tax described in paragraph (a)(ii) or (a)(iii) if such Tax did not arise as a result of a Prohibited Action or breach of any representation representation, warranty or covenant set forth in Section 11 by any member of the Distributing Group or the Controlled Group.
Appears in 2 contracts
Samples: Tax Sharing Agreement (Marine Products Corp), Tax Sharing Agreement (Marine Products Corp)
