Common use of Amendment of Incentive Allocation Clause in Contracts

Amendment of Incentive Allocation. The General Partner shall have the right to amend, without the consent of the Limited Partners, Sec. 3.05 of this Agreement so that the Incentive Allocation therein provided conforms to any applicable requirements of the Securities and Exchange Commission and other regulatory authorities; provided, however, that no such amendment shall increase the Incentive Allocation as so amended to more than 20% of the Net Capital Appreciation allocated to any Limited Partner's Capital Account.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Nymagic Inc), Limited Partnership Agreement (Nymagic Inc)

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Amendment of Incentive Allocation. The General Partner shall have the right to amend, without the consent of the Limited Partners, Sec. Section 3.05 of this Agreement so that the Incentive Allocation therein provided conforms to any applicable requirements of the Securities and Exchange Commission (the "SEC") and other regulatory authorities; provided, however, that no such amendment shall increase the Incentive Allocation as so amended that otherwise would be computed with respect to more than 20% of the Net Capital Appreciation allocated to any Limited Partner's a Capital Account, other than as provided in Section 3.05.

Appears in 1 contract

Samples: Limited Partnership Agreement (Trian Fund Management, L.P.)

Amendment of Incentive Allocation. The General Partner shall have the right to amend, without the consent of the Limited Partners, Sec. 3.05 of this Agreement Section 5.04 so that the Incentive Allocation therein provided conforms to any applicable requirements of the Securities and Exchange Commission and other regulatory authorities; provided, however, that no such amendment shall increase the Incentive Allocation as so amended that otherwise would be made with respect to more than 20% of the Net Capital Appreciation allocated to any a Limited Partner's Capital Account.

Appears in 1 contract

Samples: Limited Partnership Agreement (Clinton Group Inc)

Amendment of Incentive Allocation. The Managing General Partner shall have the right to amend, without the consent of the Limited Partners, Sec. Section 3.05 of this Agreement so that the Incentive Allocation therein provided conforms to any applicable requirements of the U.S. Securities and Exchange Commission (the “SEC”) and other regulatory authorities; provided, however, that no such amendment shall increase the Incentive Allocation as so amended that otherwise would be computed with respect to more than 20% of the Net Capital Appreciation allocated to any Limited Partner's a Capital Account.

Appears in 1 contract

Samples: Limited Partnership Agreement (Trian Fund Management, L.P.)

Amendment of Incentive Allocation. The Managing General Partner shall have the right to amend, without the consent of the Limited Partners, Sec. Section 3.05 of this Agreement so that the Incentive Allocation therein provided conforms to any applicable requirements of the U.S. Securities and Exchange Commission (the "SEC") and other regulatory authorities; providedPROVIDED, howeverHOWEVER, that no such amendment shall increase the Incentive Allocation as so amended that otherwise would be computed with respect to more than 20% of the Net Capital Appreciation allocated to any Limited Partner's a Capital Account, other than as provided in Section 3.05.

Appears in 1 contract

Samples: Limited Partnership Agreement (Trian Fund Management, L.P.)

Amendment of Incentive Allocation. The General Partner shall have the right to amend, without the consent of the Limited Partners, Sec. 3.05 of this Agreement Section 3.6 so that the Incentive Allocation therein provided conforms to any applicable requirements of the Securities and Exchange Commission and other regulatory authorities; provided. The General Partner may, howeverin its sole discretion, that no such amendment shall increase amend or eliminate the Incentive Allocation as so amended Hurdle Rate upon written notice to more than 20% of the Net Capital Appreciation allocated to any Limited Partner's Capital AccountPartners.

Appears in 1 contract

Samples: Limited Partnership Agreement

Amendment of Incentive Allocation. The Managing General Partner shall have the right to amend, without the consent of the Limited Partners, Sec. Section 3.05 of this Agreement so that the Incentive Allocation therein provided conforms to any applicable requirements of the U.S. Securities and Exchange Commission (the "SEC") and other regulatory authorities; provided, however, that no such amendment shall increase the Incentive Allocation as so amended that otherwise would be computed with respect to more than 20% of the Net Capital Appreciation allocated to any Limited Partner's a Capital Account, other than as provided in Section 3.05.

Appears in 1 contract

Samples: Limited Partnership Agreement (Trian Fund Management, L.P.)

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Amendment of Incentive Allocation. The Managing General Partner shall have the right to amend, without the consent of the Limited Partners, Sec. Section 3.05 of this Agreement so that the Incentive Allocation therein provided conforms to any applicable requirements of the U.S. Securities and Exchange Commission (the “SEC”) and other regulatory authorities; provided, however, that no such amendment shall increase the Incentive Allocation as so amended that otherwise would be computed with respect to more than 20% of the Net Capital Appreciation allocated to any Limited Partner's a Capital Account, other than as provided in Section 3.05.

Appears in 1 contract

Samples: Limited Partnership Agreement (Trian Fund Management, L.P.)

Amendment of Incentive Allocation. The General Partner shall have the right to amendright, without the consent of the Limited Partners, Sec. to amend Section 3.05 of this Agreement so that the Incentive Allocation therein provided conforms to any applicable requirements of the Securities and Exchange Commission and other regulatory authorities; provided, however, that no such amendment shall increase the Incentive Allocation as so amended to more than 2015% of the excess of the Net Capital Appreciation allocated to any Limited Partner's Capital AccountAccount over the Management Fee debited therefrom. Calculation of the Incentive Allocation will exclude income in respect of interest.

Appears in 1 contract

Samples: Limited Partnership Agreement

Amendment of Incentive Allocation. The General Partner shall have the right to amend, without the consent of the Limited Partners, Sec. 3.05 Section 5.4 of this Agreement so that the Incentive Allocation therein provided conforms to any applicable requirements of the Securities and Exchange Commission and other regulatory authorities; providedprovided that, however, that no such amendment shall increase the Incentive Allocation as so amended that otherwise would be made with respect to more than 20% of the Net Capital Appreciation allocated to any a Limited Partner's Capital Account.

Appears in 1 contract

Samples: static1.squarespace.com

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