Fubo definition
Examples of Fubo in a sentence
By the date that is 10 Business Days following the date on which each Tax Benefit Schedule or Amended Schedule becomes final in accordance with Section 2.3(a) (such first date, the “Final Payment Date” in respect of any Tax Benefit Payment), Fubo shall pay Hulu the Tax Benefit Payment as determined pursuant to Section 3.1(b).
The Expert shall be a partner or principal in a nationally recognized accounting firm, and, unless Fubo and Hulu agree otherwise, the Expert (and its employing firm) shall not have any material relationship with Fubo or Hulu or other actual or potential conflict of interest.
In the event that an Advisory Firm is replaced with another Advisory Firm, the Parties shall cause such replacement Advisory Firm to perform its services necessitated by this Agreement using procedures and methodologies consistent with those of the previous Advisory Firm, unless otherwise required by Law or unless Fubo obtains Hulu’s consent (not to be unreasonably withheld, conditioned or delayed) to the use of other procedures and methodologies.
For the avoidance of doubt, Fubo shall not be required to make an Early Termination Payment in connection with a change of control of, or other similar transaction by, Fubo, a material breach of this Agreement by Fubo or a bankruptcy or other insolvency event of Fubo.
Fubo may withhold payments under this Agreement to collect amounts due under the preceding sentence.
By the date that is three Business Days after the Early Termination Reference Date (such date, the “Final Payment Date” in respect of the Early Termination Payment), Fubo shall pay an amount equal to the Early Termination Payment to Hulu.
Fubo shall (and shall cause Newco and its other Controlled Subsidiaries to) use commercially reasonable efforts (for the avoidance of doubt, taking into account the interests and entitlements of Hulu under this Agreement) to defend the tax treatment contemplated by this Agreement and any Schedule (or Amended Schedule, as applicable) in any Tax Action.
If the Parties are unable to resolve the issues raised in such Objection Notice within 30 days after receipt by Fubo thereof, Fubo and Hulu shall employ the Reconciliation Procedures described in Section 7.11 and the Schedule will be finalized in accordance therewith.
Except as otherwise provided herein or in the BCA or the Operating Agreement, Fubo shall have full responsibility for, and sole discretion over, all tax matters concerning Fubo or Newco, including preparing, filing or amending any Tax Return and defending, contesting or settling any issue pertaining to Taxes.
Without limiting the generality of the foregoing, Fubo shall ensure that each Tax Benefit Schedule or Amended Schedule (together with any supporting schedules and work papers) provides a reasonably detailed presentation of the required calculations and identifies any material assumptions, operating procedures or principles used for such calculations.