Common use of Foreign Tax Attributes Clause in Contracts

Foreign Tax Attributes. Subject to subparagraph (c) above regarding Foreign Transfer Taxes, any Foreign Tax attribute generated by Xxxxxxx or Energizer shall, to the extent permitted by the applicable law of the Tax jurisdiction in question, remain with Xxxxxxx or Energizer, respectively, or the appropriate entity. In any case where the applicable law of the Tax jurisdiction in question requires such Tax attribute to be allocated between Xxxxxxx and Energizer, such allocation shall be made as provided by the law of such jurisdiction. In the event the applicable law of the Tax jurisdiction requires that such Tax Attribute be allocated between the parties based on a method of allocation agreed to by the parties, Xxxxxxx and Energizer shall apply an allocation method reasonably agreed to by both parties.

Foreign Tax Attributes. Subject to subparagraph (c) above regarding Foreign Transfer Taxes, any Foreign Tax attribute generated by Xxxxxxx or Energizer Agribrands shall, to the extent permitted by the applicable law of the Tax jurisdiction in question, remain with Xxxxxxx or EnergizerAgribrands, respectively, or the appropriate entity. In any case where the applicable law of the Tax jurisdiction in question requires such Tax attribute to be allocated between Xxxxxxx and EnergizerAgribrands, such allocation shall be made as provided by the law of such jurisdiction. In the event the applicable law of the Tax jurisdiction requires that such Tax Attribute be allocated between the parties based on a method of allocation agreed to by the parties, Xxxxxxx and Energizer Agribrands shall apply an allocation method reasonably agreed to by both parties.