Unexpected Taxes. Notwithstanding any other provision of this Agreement, in the event of a Final Determination that FHI or any member of the FHI Group is liable for any Taxes in respect of the Contribution or Distribution (including any interest and penalties, but not including any Transfer Taxes) in an amount in excess of the Return Taxes (such amount in excess, the “Unexpected Taxes”), BWHI shall make a payment to FHI, on an After-Tax Basis, for such Unexpected Taxes at least five (5) Business Days prior to the date such payment is required to be made to the relevant Tax Authority.
Appears in 5 contracts
Samples: Agreement for Allocation and Settlement of Income Tax Liabilities, Agreement for Allocation and Settlement of Income Tax Liabilities (First Hawaiian, Inc.), Agreement for Allocation and Settlement of Income Tax Liabilities (First Hawaiian, Inc.)
