Common use of Earnings and Profits Clause in Contracts

Earnings and Profits. Dell Technologies will advise VMware in writing of the decrease in Dell Technologies earnings and profits or the earnings and profits of a Dell Technologies Affiliate attributable to a Distribution under section 312(h) of the Code on or before the first anniversary of a Distribution; provided, however, that Dell Technologies shall provide VMware with estimates of such amounts (determined in accordance with past practice) prior to such anniversary as reasonably requested by VMware.

Appears in 5 contracts

Samples: Tax Sharing Agreement (Dell Technologies Inc), Tax Sharing Agreement (Vmware, Inc.), Tax Sharing Agreement (Dell Technologies Inc)

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