Common use of Other Elections Clause in Contracts

Other Elections. (a) Overnite Corporation shall execute and file any and all consents, elections, or other similar documents and shall maintain in effect previously filed elections, consents, or other similar documents necessary or appropriate to effect the filing of the consolidated Federal Income Tax and Unitary Income Tax returns for the Overall Consolidated Group for the 2003 Pre-Offering Period. (b) UPC shall determine, in its sole discretion, whether an election under either Treasury Regulation Section 1.1502-76(b)(2)(ii) (to ratably allocate a year’s items) or Section 1.1502-76(b)(2)(iii) (to ratably allocate a month’s items) should be made, and the Overnite Consolidated Group shall make such elections if and only if instructed by UPC.