Common use of Determining Foreign Attributes Clause in Contracts

Determining Foreign Attributes. Without limiting the foregoing, the Parties shall also determine the portion of any Foreign Attribute for the Scripps Spinco Group that is allocable to the 2015 Taxable Year, provided, that such portion to be allocated will not include any amount described in Section 951(a) of the Code (relating to inclusions in income of controlled foreign corporation earnings) or any amount described in Section 1293(a) of the Code (relating to inclusions in income of qualified electing fund earnings), or any indirect foreign Tax Credit under Sections 960 and 1293(f) of the Code for foreign income Taxes deemed paid with respect to either of these items; and provided, further, that, without the prior written consent of Scripps, such consent not being unreasonably withheld, conditioned or delayed, Scripps Spinco and its subsidiaries shall not elect to recapture an amount of taxable income from sources without the U.S. of any member of the Scripps Spinco Group greater than the minimum amount required by Section 904(f)(1) of the Code for any Affiliation Year. Scripps Spinco shall provide Scripps with all information it reasonably requests to make any determination under this Section 2.02(f). Scripps shall likewise share all information with Scripps Spinco necessary for Scripps Spinco to determine its share of the consolidated foreign Tax Credits for the Affiliation Year ending December 31, 2015 and all prior Affiliation Years.