Common use of USE OF NET LOSSES Clause in Contracts

USE OF NET LOSSES. (i) If the SCL Group's liability for Federal Income Taxes under Section 4.1(a) is zero, then XXXX shall pay to SCL the tax benefit, if any, to the XXXX Group resulting from the inclusion of the SCL Group in the Consolidated Return, calculated as the excess of (A) the amount of Federal Income Tax that would have been payable, on a pro-forma basis, excluding the Tax Items and Tax Assets of members of the SCL Group included pursuant to Section 4.1(a), over (B) the actual Federal Income Tax shown on such Return. (ii) If one or more members of the SCL Group generates a Tax Asset in a Post-Deconsolidation Period, which Tax Asset may be carried back to a Consolidated Return, then SCL may request that XXXX file an amended return on which such Tax Asset is carried back, in which case XXXX shall pay to SCL the tax benefit, if any, to the XXXX Group resulting from such carryback, similarly calculated (and reflecting the absorption of such Tax Asset under applicable Treasury Regulations).