Pre-Closing Tax Obligation definition

Pre-Closing Tax Obligation means the actual amount of all Taxes owed by Target or any Target Subsidiary for a Pre-Closing Tax Period, including any Taxes relating to the sale of the Equipment (as such term is defined in Exhibit E hereto) specified on Exhibit E.
Pre-Closing Tax Obligation means (a) all Taxes required to be paid by or with respect to the Company or any of its Subsidiaries attributable to any Pre-Closing Tax Period (such Taxes for a Straddle Period to be apportioned in accordance with Section 9.2), (b) all Taxes required to be paid as a result of the Company or any of its Subsidiaries having been a member of any U.S. federal “affiliated group” (as defined in Section 1504 of the Code) or state, local or foreign combined, unitary or analogous group, in each case, on or prior to the Closing Date, including pursuant to Treasury Regulations Section 1.1502‑6 or any comparable, similar or analogous provision of state, local or foreign law, (c) all Taxes required to be paid by the Company or any of its Subsidiaries as a transferee or successor pursuant to applicable Law, in either case where the liability of the Company or any of its Subsidiaries is attributable to an event or transaction occurring before the Closing, including a merger or reorganization involving the Company or any of its Subsidiaries, (d) all amounts required to be paid by the Company or any of its Subsidiaries pursuant to any Tax Sharing Agreement to which the Company or any of its Subsidiaries is a party or is otherwise subject on or prior to the Closing Date, (e) except as otherwise provided by this Agreement, all Taxes of the Company Securityholders or any of their respective Affiliates, (f) all Transfer Taxes for which the Company Securityholders are responsible pursuant to Section 9.6, (g) all Taxes required to be withheld in connection with any payment to or for the benefit of the Company, any of its Subsidiaries or any Company Securityholder pursuant to this Agreement, to the extent not withheld pursuant to Section 2.6, except interest, penalties and additions to Tax and Losses other than Taxes as a result of the gross negligence or willful misconduct of any withholding agent, which is or is an agent of Parent or any of its Affiliates (including the Company and its Subsidiaries), with respect to any such payment, (h) all Losses related to any breach of any of the Company Securityholders’, or the Stockholder Representative’s, obligations pursuant to Article IX, and (i) all Losses related to the foregoing; provided, however, that, notwithstanding anything in this Agreement to the contrary, Pre-Closing Tax Obligations shall not include any Transaction Payroll Taxes, any Tax consequences resulting solely from any election with respect to any Acquired Company un...

Examples of Pre-Closing Tax Obligation in a sentence

  • If the Aggregate Taxes are more than the Estimated Pre-Closing Tax Obligation, Buyer shall promptly pay to Seller an amount equal to the Aggregate Taxes minus the Estimated Pre-Closing Tax Obligation, provided that in no event shall Buyer be obligated to pay to Seller pursuant to this Section 10.02(l) an amount greater than the Retained Cash.

  • To the extent that the aggregate Pre-Closing Taxes actually payable pursuant to the Seller Tax Returns with respect to the taxable income of the Company for Pre-Closing Tax Periods covered by such Seller Tax Returns (“Aggregate Taxes”) are less than the Estimated Pre-Closing Tax Obligation, Seller shall promptly pay to the Company an amount equal to the Estimated Pre-Closing Tax Obligation minus the Aggregate Taxes.

  • Seller agrees that it will prepare, in good faith, and deliver to Buyer a schedule containing the Estimated Pre-Closing Tax Obligation at least fifteen (15) days prior to the Closing Date.

  • Craighton Hippenhammer, "Patron Objections to Library Materials: a Survey of Christian College Libraries, Part I," The Christian Librarian 37:1 (1993): 12-17; also http://digitalcommons.olivet.edu/lsci_facp/7/.

Related to Pre-Closing Tax Obligation

  • Pre-Closing Taxes means Taxes of the Company for any Pre-Closing Tax Period.

  • Post-Closing Taxes means Taxes of the Company for any Post-Closing Tax Period.

  • Pre-Closing Tax Return has the meaning set forth in Section 7.1(a).

  • Pre-Closing Tax Period means any Tax period ending on or before the Closing Date.

  • Post-Closing Tax Period means any taxable period beginning after the Closing Date and the portion of any Straddle Period beginning after the Closing Date.

  • Pre-Closing Tax Periods means any and all Tax periods that end on or before the Closing Date and the portion of any Straddle Period ending at the end of day on which the Closing occurs.

  • Pre-Closing Taxable Period means with respect to any tax, any applicable taxable period ending on or prior to consummation of the transactions contemplated hereby on the Closing Date or the allocable portion of any applicable taxable period that includes but does not end on the Closing Date.

  • Pre-Closing Tax Returns has the meaning specified in Section 8.04(a).

  • Tax Obligations means taxes, withholding, certification and reporting requirements, claims for exemptions or refund, interest, penalties, additions to tax and other related expenses.

  • Qualifying tax rate means the applicable tax rate for the taxable year for the which the taxpayer paid income tax to a municipal corporation with respect to any portion of the total amount of compensation the payment of which is deferred pursuant to a nonqualified deferred compensation plan. If different tax rates applied for different taxable years, then the “qualifying tax rate” is a weighted average of those different tax rates. The weighted average shall be based upon the tax paid to the municipal corporation each year with respect to the nonqualified deferred compensation plan.

  • Pre-Closing Straddle Period means the portion of a Straddle Period ending on the Closing Date.

  • Post Closing Letter is that certain Post Closing Letter dated as of the Effective Date by and between Collateral Agent and Borrower.

  • Post-Closing Straddle Period means the portion of a Straddle Period beginning the day after the Closing Date.

  • Tender Closing Date means the date and time set out in column (C) of Part 1 of the Schedule to the Tender Notice;

  • Withholding Taxes means any taxes, including, but not limited to, social security and Medicare taxes and federal, state and local income taxes, required to be withheld under any applicable law.

  • Offer Closing Date has the meaning set forth in Section 1.01(f).

  • Transaction Tax Deductions means any Tax deductions relating to (i) the Company Transaction Expenses, and (ii) repayment of the Indebtedness, including any unamortized deferred financing fees in connection with the Indebtedness.

  • Failed Transactions is the set of all requests within Total Transaction Attempts that do not return a Success Code within 30 seconds from Microsoft’s receipt of the request.

  • Second Closing Date has the meaning set forth in Section 1.3.

  • Required Transaction means any transaction involving a Swap that is subject to the trade execution requirement of Section 2(h)(8) of the Act.

  • Target Closing Date means three (3) Business Days following receipt of the Approval and Vesting Order, or such other date as the Parties may agree.

  • Closing Transactions has the meaning set forth in Section 11.8(a)(i) of these Bylaws.

  • Second Closing has the meaning set forth in Section 2.2.

  • Merger Closing Date the Closing Date (as defined in the Merger Agreement).

  • Post-Closing Agreement shall have the meaning set forth in Section 8.9.

  • Assumed Tax Liability means, with respect to any Member, an amount equal to the excess of (i) the product of (A) the Distribution Tax Rate multiplied by (B) the estimated or actual cumulative taxable income or gain of the Company, as determined for federal income tax purposes, allocated to such Member (or its predecessor) for full or partial Fiscal Years commencing on or after January 1, 2021, less prior losses of the Company allocated to such Member (or its predecessor) for full or partial Fiscal Years commencing on or after January 1, 2021, in each case, as determined by the Manager and to the extent such prior losses are available to reduce such income over (ii) the cumulative Tax Distributions made to such Member after the closing date of the IPO pursuant to Sections 4.01(b)(i), 4.01(b)(ii) and 4.01(b)(iii) and, if applicable with respect to such Fiscal Year, pursuant to Section 4.1(a) of the Previous LLC Agreement; provided that, in the case of the Corporation, such Assumed Tax Liability (x) shall be computed without regard to any increases to the tax basis of the Company’s property pursuant to Sections 734(b) or 743(b) of the Code and (y) to the extent permitted under the Credit Agreements and applicable Law, shall in no event be less than an amount that will enable the Corporation to meet both its tax obligations and its obligations pursuant to the Tax Receivable Agreement for the relevant Taxable Year; provided further that, in the case of each Member, and for the avoidance of doubt, such Assumed Tax Liability shall take into account any Code Section 704(c) allocations (including “reverse” 704(c) allocations) to the Member.