Common use of Certain Tax Refunds Clause in Contracts

Certain Tax Refunds. (a) Trimble or any applicable member of the Xxxxxxx Group shall be entitled to any refunds or credits (net of Tax or other costs) that are paid to, or otherwise utilized by, a member of the Company Group of or against any Taxes described in Section 9.8(a) to the extent Trimble or any such applicable member of the Xxxxxxx Group would be liable for such Taxes pursuant to Section 9.8(a) (and applying the apportionment principles of Section 9.1 in the event of any refund or credit relating to any Straddle Period). If any such refunds or credits (including any interest paid thereon by the applicable Tax Authority) are paid to, or otherwise utilized by, the Company or any member of the Company Group, then the Company or such member of the Company Group shall pay the amount of such refunds or credits (net of Tax or other costs) to Trimble or the applicable member of the Xxxxxxx Group. Notwithstanding the forgoing, no refund or credit shall be due or payable to Trimble or any applicable member of the Xxxxxxx Group if such attribute is included in the calculation of Indebtedness or Net Working Capital.

Certain Tax Refunds. (a) Trimble or any applicable member of the Xxxxxxx Trimble Group shall be entitled to any refunds or credits (net of Tax or other costs) that are paid to, or otherwise utilized by, a member of the Company Group of or against any Taxes described in Section 9.8(a) to the extent Trimble or any such applicable member of the Xxxxxxx Group would be liable for such Taxes pursuant to Section 9.8(a) (and applying the apportionment principles of Section 9.1 in the event of any refund or credit relating to any Straddle Period). If any such refunds or credits (including any interest paid thereon by the applicable Tax Authority) are paid to, or otherwise utilized by, the Company or any member of the Company Group, then the Company or such member of the Company Group shall pay the amount of such refunds or credits (net of Tax or other costs) to 112 Trimble or the applicable member of the Xxxxxxx Group. Notwithstanding the forgoing, no refund or credit shall be due or payable to Trimble or any applicable member of the Xxxxxxx Trimble Group if such attribute is included in the calculation of Indebtedness or Net Working Capital.

Certain Tax Refunds. (a) Trimble or any applicable member of the Xxxxxxx Trimble Group shall be entitled to any refunds or credits (net of Tax or other costs) that are paid to, or otherwise utilized by, a member of the Company Group of or against any Taxes described in Section 9.8(a) to the extent Trimble or any such applicable member of the Xxxxxxx Trimble Group would be liable for such Taxes pursuant to Section 9.8(a) (and applying the apportionment principles of Section 9.1 in the event of any refund or credit relating to any Straddle Period). If any such refunds or credits (including any interest paid thereon by the applicable Tax Authority) are paid to, or otherwise utilized by, the Company or any member of the Company Group, then the Company or such member of the Company Group 125 shall pay the amount of such refunds or credits (net of Tax or other costs) to Trimble or the applicable member of the Xxxxxxx Trimble Group. Notwithstanding the forgoing, no refund or credit shall be due or payable to Trimble or any applicable member of the Xxxxxxx Trimble Group if such attribute is included in the calculation of Indebtedness or Net Working Capital.

Certain Tax Refunds. (a) Trimble or any applicable member of the Xxxxxxx Trimble Group shall be entitled to any refunds or credits (net of Tax or other costs) that are paid to, or otherwise utilized by, a member of the Company Group of or against any Taxes described in Section 9.8(a) to the extent Trimble or any such applicable member of the Xxxxxxx Trimble Group would be liable for such Taxes pursuant to Section 9.8(a) (and applying the apportionment principles of Section 9.1 in the event of any refund or credit relating to any Straddle Period). If any such refunds or credits (including any interest paid thereon by the applicable Tax Authority) are paid to, or otherwise utilized by, the Company or any member of the Company Group, then the Company or such member of the Company Group shall pay the amount of such refunds or credits (net of Tax or other costs) to 113 Trimble or the applicable member of the Xxxxxxx Trimble Group. Notwithstanding the forgoing, no refund or credit shall be due or payable to Trimble or any applicable member of the Xxxxxxx Trimble Group if such attribute is included in the calculation of Indebtedness or Net Working Capital.