Common use of Taxes for Short Taxable Year Clause in Contracts

Taxes for Short Taxable Year. For purposes of paragraphs (i) and (ii), whenever it is necessary to determine the liability for Taxes of the Company for a portion of a taxable year or period that begins before and ends after the Closing Date, the determination of the Taxes of the Company for the portion of the year or period ending on, and the portion of the year or period beginning after, the Closing Date shall be determined by assuming that the Company had a taxable year or period which ended at the close of the Closing Date, except that exemptions, allowances or deductions that are calculated on an annual basis, such as the deduction for depreciation, shall be apportioned on a time basis.

Taxes for Short Taxable Year. For purposes of paragraphs (iSections 6.3(b) and (iic), whenever it is necessary to determine the liability for Taxes of the Company Companies for a portion of a taxable year or period that begins before and ends after the Closing Date, the determination of the Taxes of the Company Companies for the portion of the year or period ending on, and the portion of the year or period beginning after, the Closing Date shall be determined by assuming that each of the Company Companies had a taxable year or period which ended at the close of the Closing Date, except that exemptions, allowances or deductions that are calculated on an annual basis, such as the deduction for depreciation, shall be apportioned on a time daily basis.

Taxes for Short Taxable Year. For purposes of paragraphs (id) and (ii)e) of this Section 5.8, whenever it is necessary to determine the liability for Taxes of any of the Company Companies for a portion of a taxable year or period that begins before and ends after the Closing Date, the determination of the Taxes of the relevant Company for the portion of the year or period ending on, and the portion of the year or period beginning after, the Closing Date shall be determined by assuming that the relevant Company had a taxable year or period which ended at the close of the Closing Date, except that exemptions, allowances or deductions that are calculated on an annual basis, such as the deduction for depreciation, shall be apportioned on a time basis.

Taxes for Short Taxable Year. For purposes of paragraphs (iii)(A) and (iiB), whenever it is necessary to determine the liability for Taxes of the Company for a portion -44- of a taxable year or period that begins before and ends after the Closing Date, the determination of the Taxes of the Company for the portion of the year or period ending on, and the portion of the year or period beginning after, the Closing Date shall be determined by assuming that the Company had a taxable year or period which ended at the close of the Closing Date, except that exemptions, allowances or deductions that are calculated on an annual basis, such as the deduction for depreciation, shall be apportioned on a time basis.

Taxes for Short Taxable Year. For purposes of paragraphs (iSections 12.1(a) and (iib), whenever it is necessary to determine the liability for Taxes of the Company for a portion of a taxable year or period that begins before and ends after the Closing Date, the determination of the Taxes of the Company for the portion of the year or period ending on, and the portion of the year or period beginning after, the Closing Date shall be determined by assuming that the Company had a taxable year or period which ended at the close of the Closing Date, except that exemptions, allowances or deductions that are calculated on an annual basis, such as the deduction for depreciation, shall be apportioned on a time basis.