Common use of Characterization of Payments Clause in Contracts

Characterization of Payments. It is the intention of the parties to this Agreement that payments made pursuant to this Agreement are to be treated as relating back to the Distribution as an adjustment to capital (i.e., capital contribution or distribution), and the parties shall not take any position inconsistent with such intention before any Tax Authority, except to the extent that a final determination (as defined in Section 1313 of the Code) with respect to the recipient party causes any such payment not to be so treated.

Characterization of Payments. It is the intention of the parties to this Agreement that payments made pursuant to this Agreement are to be treated as relating back to the Distribution as an adjustment to capital (i.e., capital contribution or distribution)the assets and liabilities transferred thereunder, and the parties shall not take any position inconsistent with such intention before any Tax Authority, except to the extent that a final determination (as defined in Section 1313 of the Code) with respect to the recipient party causes any such payment not to be so treated.

Characterization of Payments. It is the intention of the parties to this Agreement that payments made pursuant to this Agreement are to be treated as relating back to the Distribution time immediately prior to the Merger as an adjustment to capital (i.e., capital contribution or distribution), and the parties shall not take any position inconsistent with such intention before any Tax Authority, except to the extent that a final determination (as defined in Section 1313 of the Code) with respect to the recipient party causes any such payment not to be so treated.

Characterization of Payments. It is the intention of the parties Parties to this Agreement that payments made pursuant to this Agreement are to be treated as relating back to the Separation or the Distribution as an adjustment to capital (i.e., capital contribution or distribution), and the parties Parties shall not take any position inconsistent with such intention before any Tax Authority, except to the extent that a final determination "determination" (as defined in Section 1313 of the Code) with respect to the recipient party Indemnified Party causes any such payment not to be so treated.

Characterization of Payments. It is the intention of the parties Parties to this Agreement that payments made pursuant to this Agreement are to be treated as relating back to the Separation or the Distribution as an adjustment to capital (i.e., capital contribution or distribution), and the parties Parties shall not take any position inconsistent with such intention before any Tax Authority, except to the extent that a final determination “determination” (as defined in Section 1313 of the Code) with respect to the recipient party Indemnified Party causes any such payment not to be so treated.

Characterization of Payments. It is the intention of the parties Parties to this Agreement that payments made pursuant to this Agreement are to be treated as relating back to the Separation or the Distribution as an adjustment to capital (i.e., capital contribution or distribution), and the parties Parties shall not take any position inconsistent with such intention before any Tax Authority, except to the extent that a final determination "determination" (as defined in Section 1313 of the Code) with respect to the recipient party Indemnified Party causes any such payment not to be so treated.. ARTICLE IV

Characterization of Payments. It is the intention of the parties to this Agreement that payments made pursuant to this Agreement are to be treated as relating back to the Distribution as an adjustment to capital (i.e., capital contribution or distributionreturn of capital), and the parties shall not take any position inconsistent with such intention before any Tax Authority, except to the extent that a final determination (as defined in Section 1313 of the Code) with respect to the recipient party causes any such payment not to be so treated.