Use of Foreign Tax Credits by Agilent Sample Clauses

Use of Foreign Tax Credits by Agilent. To the extent that ------------------------------------- Agilent receives a Tax Benefit attributable to an increase in foreign tax credits by reason of any Japan Restructuring Tax, Agilent shall pay Hewlett- Packard one hundred percent (100%) of its Tax Benefit, to the extent that such credits relate to the Contemplated Restructuring Tax funded by Hewlett-Packard under paragraph (a)(i) of this Section 5.9; sixty percent (60%) of its Tax Benefit, to the extent that such credits relate to the Contemplated Japan Restructuring Tax funded by Hewlett-Packard under paragraph (a)(ii) of this Section 5.9; eighty-two percent (82%) of its Tax Benefit, to the extent that such credits relate to an Additional Japan Restructuring Tax funded by Hewlett- Packard and Agilent under Section 5.1(b)(iii) of this Agreement; and one hundred percent (100%) of its Tax Benefit, to the extent that such credits relate to an Additional Japan Restructuring Tax funded entirely by Hewlett-Packard under Section 5.1(b)(i) or (ii) of this Agreement. For purposes of this Section 5.9(c), Agilent's Tax Benefit shall be determined first by measuring the incremental impact on Agilent's Federal Income Tax liability (after taking into account the impact of all other Tax Items to Agilent but without regard to any Tax Items relating to any Additional Japan Restructuring Taxes) solely as a result of any increase in foreign tax credits attributable to Contemplated Japan Restructuring Taxes, and then by measuring the incremental impact on Agilent's Federal Income Tax liability (after taking into account any Tax Items relating to any Contemplated Japan Restructuring Taxes) solely as a result of any increase in foreign tax credits attributable to Additional Japan Restructuring Taxes. In making this determination with respect to the Interim Period, Agilent shall be treated as receiving a Tax Benefit only to the extent any credits are treated as used on the Pro Forma Agilent Consolidated Return for such period (such use determined without regard to any carryback of Japan Restructuring Taxes). Appendix F to this Agreement sets forth examples illustrating the intended application of this Section 5.9(c).
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Use of Foreign Tax Credits by Agilent. If Agilent or any ------------------------------------- Agilent Affiliate receives any Tax Benefit (including any reduction in the amount required to be paid by Agilent to Hewlett-Packard under Section 4 of this Agreement with respect to any Pro Forma Agilent Consolidated Return) solely as a result of any increase in foreign tax credits attributable to any Restructuring Tax (other than any Japan Restructuring Tax) funded by Hewlett-Packard under Section 5.1 of this Agreement, Agilent shall pay the amount of such Tax Benefit to Hewlett-Packard that is attributable to the portion of such Restructuring Tax funded by Hewlett-Packard; for this purpose Agilent's Tax Benefit shall be determined by measuring the incremental impact on Agilent's Federal Income Tax liability prior to taking into account the impact of any Japan Restructuring Tax, but after the impact of all other Tax Items to Agilent (including any Foreign Operating Taxes taken into account under Section 5.10 of this Agreement).
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Use of Foreign Tax Credits by Agilent. To the extent that ------------------------------------- Agilent receives a Tax Benefit attributable to an increase in foreign tax credits by reason of the Japan Restructuring Tax (such Tax Benefit determined by measuring the incremental impact on Agilent's liability solely as a result of the credit for Japan Restructuring Tax), Agilent shall pay Hewlett-Packard sixty percent (60%) of its Tax Benefit, to the extent that such credits relate to the Contemplated Japan Restructuring Tax, and eighty-two percent (82%) of its Tax Benefit, to the extent that such credits relate to an Additional Japan Restructuring Tax. For purposes of the preceding sentence Agilent shall be treated as receiving a Tax Benefit for the Interim Period only to the extent any credits are treated as used on the Pro Forma Agilent Consolidated Return for such period.
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