Common use of Current Litigation Clause in Contracts

Current Litigation. a) Notwithstanding anything in this Article IV or in the definitions of “Controlling Party” and “Interested Party” to the contrary, Distributing shall be the Controlling Party and Tronox shall be an Interested Party with respect to the Claims Court Litigation. b) Notwithstanding anything in this Article IV or in the definitions of “Controlling Party” and “Interested Party” to the contrary, for any taxable year after 1996 that is part of the Pre-Deconsolidation Period, if a Tax Contest involving the same or similar factual and legal issues that are at issue in the Claims Court Litigation arises, Distributing shall be the Controlling Party and Tronox shall be an Interested Party.

Appears in 2 contracts

Sources: Tax Sharing Agreement (Kerr McGee Corp /De), Tax Sharing Agreement (Tronox Inc)

Current Litigation. a) Notwithstanding anything in this Article IV or in the definitions of "Controlling Party" and "Interested Party" to the contrary, Distributing shall be the Controlling Party and Tronox shall be an Interested Party with respect to the Claims Court Litigation. b) Notwithstanding anything in this Article IV or in the definitions of "Controlling Party" and "Interested Party" to the contrary, for any taxable year after 1996 that is part of the Pre-Deconsolidation Date Period, if a Tax Contest involving the same or similar factual and legal issues that are at issue in the Claims Court Litigation arises, Distributing shall be the Controlling Party and Tronox shall be an Interested Party.

Appears in 1 contract

Sources: Tax Sharing Agreement (Tronox Inc)