Expenditures for legal fees and for other similar or dissimilar expenses incurred in obtaining the tax refund may be charged against the tax refund before the adjustments are made for the Tax Period.
Any amounts paid based on such an estimate shall be subject to adjustment as herein provided when actual Taxes are available for each Tax Period.
To the extent any Eligible Amount is carried back by and used by either New D&B or the Corporation for a Pre-Distribution Tax Period, then the Corporation shall be obligated to pay one-half of any refund that it receives as a result of such carried back Eligible Amount to New D&B.
In the event any net operating loss, capital loss or credit of either party for any Post-Distribution Tax Period is eligible to be carried back to a Pre-Distribution Tax Period for which a consolidated or combined 12 12 Income Tax Return was filed (any such amount, an "Eligible Amount"), such party may, to the extent permitted under applicable Tax law, elect not to carry back such Eligible Amount.
The Corporation and New D&B shall each be liable for and shall pay one-half of all Unadjusted Taxes (or receive one-half of such refunds) of the Pre-Distribution D&B Group attributable to the Pre-Distribution Tax Period to the extent such Unadjusted Taxes become due and payable (or, in the case of refunds, are received) after the Distribution Date.