Common use of Returns for Periods Through the Closing Date Clause in Contracts

Returns for Periods Through the Closing Date. The Seller will include the income of the Company and the Company Subsidiaries (including any deferred income triggered into income by Treasury Regulation ss. 1.1502-13 and ss. 1.1502-14 and any income, gain, loss, deduction or other tax item resulting from the Elections (as described in Section 8.9(a)) on the Seller's consolidated unitary, combined or other income Tax Returns for all periods through the Closing Date and pay any income tax attributable to such income. The Buyer shall cause the Company and the Company Subsidiaries to furnish Tax information to the Seller for inclusion in the Seller's consolidated unitary, combined or other income Tax Return for the period which includes the Closing Date in accordance with the past custom and practice of the Company and the Company Subsidiaries. The Seller will allow the Buyer an opportunity to review and comment upon such Tax Returns (including any amended returns) to the extent that they relate to the Company and the Company Subsidiaries. The Seller will take no position on such returns that relate to the Company and the Company Subsidiaries that is inconsistent with prior practice and that would adversely affect the Company and the Company Subsidiaries after the Closing Date. The income of the Company and the Subsidiaries will be apportioned to the period up to and including the Closing Date and the period after the Closing Date by closing the books of the Company and the Company Subsidiaries as of the end of the Closing Date.