Free Trial Brief - District Court of Federal Claims - federal

Case 1:99-cv-00690-EGB

Document 108-2

Filed 01/10/2007

Page 1 of 2

APPENDIX A
TERMINATION AGREEMENT SHARING PERCENTAGES Section Description 43.75% sharing rate used for deductible losses incurred between January 1, 1994 through September 30, 1994 and 1994 Tax Sharing debited to the SRA during that time period. 50% sharing rate used for federal and state SRLY NOLs (i.e., losses that were recognized prior to Michigan National's SRLY and Refund Payments acquisition of the thrift). 25% sharing rate used for refunds attributable to the Refunds from Carryback of carryback of NOLs arising between 1989-1991 and carried 1989-1991 NOLs back to tax years ending prior to January 1, 1989. Adjustments to 1989-1993 100.5% sharing rate used if there is a permanent Indemnification Net Tax disallowance of a deduction related to indemnification net tax Benefits benefits. 12.16% sharing rate used if there is a permanent 1989-1993 Subsidiary Tax disallowance of a deduction related to subsidiary tax benefits Benefits taken in years 1989-1993. 50% sharing rate used for payments by FDIC to MNC for the Adjustments to 1989-1993 first $171,929,851 of decreases in Other Tax Benefit Other Tax Benefit Items amounts. 16.35% sharing rate used for payments by FDIC to MNC for Adjustments to 1989-1993 the next $14,795,029 of decreases in Other Tax Benefit Other Tax Benefit Items amounts. 18.8% sharing rate used for payments by FDIC to MNC for Adjustments to 1989-1993 the next $38,164,897 of decreases in Other Tax Benefit Other Tax Benefit Items amounts. 21.6% sharing rate used for payments by FDIC to MNC for Adjustments to 1989-1993 the next $38,164,897 of decreases in Other Tax Benefit Other Tax Benefit Items amounts. 24.85% sharing rate used for payments by FDIC to MNC for Adjustments to 1989-1993 the next $40,307,754 of decreases in Other Tax Benefit Other Tax Benefit Items amounts. 28.6% sharing rate used for payments by FDIC to MNC for the next $23,388,600 of decreases in Other Tax Benefit amounts. 20.83% sharing rate used for payments by FDIC to MNC for the next $193,439,907 of decreases in Other Tax Benefit amounts. 50% sharing rate used for payments by MNC to FDIC if there is a permanent increase in the amount of Other Tax Benefit Items that is attributable to an action of the IRS, Congress or the FDIC. Title

2.4(c) 2.5(a) 2.5(b)

2.5(f)

2.6(d)

2.6(e)

2.6(f)(iii)(A)

2.6(f)(iii)(B)

2.6(f)(iii)(C)

2.6(f)(iii)(D)

2.6(f)(iii)(E)

2.6(f)(iii)(F)

Adjustments to 1989-1993 Other Tax Benefit Items Adjustments to 1989-1993 Other Tax Benefit Items

2.6(f)(iii)(G)

2.6(f)(vi)

Independence One Payment

Case 1:99-cv-00690-EGB

Document 108-2

Filed 01/10/2007

Page 2 of 2

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