Base Fee Adjustment Clause Samples
The Base Fee Adjustment clause defines how and when the base fee specified in an agreement may be modified during the contract term. Typically, this clause outlines the conditions under which the fee can be increased or decreased, such as changes in market rates, inflation, or the scope of services provided. For example, it may specify annual adjustments based on a consumer price index or require mutual agreement for any changes. The core function of this clause is to ensure that the compensation remains fair and reflective of current circumstances, thereby protecting both parties from unforeseen financial imbalances over time.
Base Fee Adjustment. Beginning in the 13th month of operations, the Base Fee of 2.50% will be adjusted upward or downward on a monthly basis based upon the performance of the Subadviser Assets relative to the performance of the S&P 500 Index (the "Index"). The maximum or minimum adjustment is 1.50% annually. Therefore, the maximum annual fee payable to the Subadviser shall be 4.00% of Subadviser Assets, and the minimum annual fee shall be 1.00% of Subadviser Assets. The pro rata adjustment upward or downward will be determined based upon the performance of the Subadviser Assets in excess of, or below, that of the Index. The amount of any upward adjustment in the Base Fee shall be equal to 1.50% multiplied by the ratio of the number of percentage points by which the performance of the Subadviser Assets exceeds the performance of the Index as compared to 30 percentage points. For example, if the performance of the Subadviser Assets was 6.6% above that of the S&P 500 Index, the ratio would be 6.6 to 30, or 22%, times 1.50%, for an upward adjustment of 0.33%. The amount of any downward adjustment in the Base Fee will be equal to 1.50% multiplied by the ratio of the number of percentage points by which the performance of the Subadviser Assets is less than the performance of the Index as compared to 30 percentage points. For example, if the performance of the Subadviser Assets was 10.0% below that of the S&P 500 Index, the ratio would be 10 to 30, or 33.33%, times 1.50%, for a downward adjustment of 0.50%. In determining the Base Fee adjustment, if any, applicable during any month, the Adviser will compare the investment performance of the Subadviser Assets for the twelve-month period ending on the last day of the prior month (the "Performance Period") to the investment record of the Index during the Performance Period. The investment performance of the Subadviser Assets will be determined for each month in the Performance Period by subtracting (i) the value of the Subadviser Assets as of the first business day of the calendar month (including any amounts allocated to the Subadviser Assets as of that date) from (ii) the value of the Subadviser Assets as of the last business day of the calendar month, expressed as a percentage of (iii) the value of the Subadviser Assets as of the first business day of the calendar month (including any amounts allocated to the Subadviser Assets as of that date). The investment performance for the Performance Period shall be the annualized product of t...
Base Fee Adjustment. The Base Fee may be renegotiated annually at the request of either Party. In the event that the Parties cannot agree then the Base Fee shall be increased by the greater of 5% or the amount of the cost of living index increase as published by the Canadian Federal government in its final annual publication of such reports..
Base Fee Adjustment. Beginning in the 13th month of operations, the Base Fee of 2.00% will be adjusted upward or downward on a monthly basis based upon the performance of Series Z relative to the performance of the S&P 500 Index (the "Index"). The maximum or minimum adjustment is 0.75% annually. Therefore, the maximum annual fee payable to the Management Company shall be 2.75% of Series Z's average daily net assets, and the minimum annual fee shall be 1.25% of Series Z's average daily net assets. The pro rata adjustment upward or downward will be determined based upon the performance of the shares of Series Z in excess of, or below, that of the Index. The amount of any upward adjustment in the Base Fee shall be equal to 0.75% multiplied by the ratio of the number of percentage points by which the performance of Series Z exceeds the performance of the Index as compared to 15 percentage points. For example, if the performance of Series Z was 6.6% and that of the Index was 0%, the ratio would be 6.6 to 15, or 44%, times 0.75%, for an upward adjustment of 0.33%. The amount of any downward adjustment in the Base Fee will be equal to 0.75% multiplied by the ratio of the number of percentage points by which the performance of Series Z is less than the performance of the Index as compared to 15 percentage points. For example, if the performance of Series Z was --10.0% and that of the Index 0%, the ratio would be 10 to 15, or 66.66%, times 0.75%, for a downward adjustment of 0.50%. In determining the Base Fee adjustment, if any, applicable during any month, the Management Company will compare the investment performance of the shares of Series Z for the twelve-month period ending on the last day of the prior month (the "Performance Period") to the investment record of the Index during the Performance Period. The investment performance of Series Z will be determined by adding together (i) the change in the net asset value of Series Z shares during the Performance Period, (ii) the value of cash distributions made by Series Z to holders of its shares to the end of the Performance Period, and (iii) the value of capital gains per share, if any, paid on undistributed realized long-term gains accumulated to the end of the Performance Period, and will be expressed as a percentage of the net asset value per share of Series Z shares at the beginning of the Performance Period. The investment performance of the Index will be determined by adding together (i) the change in the level of the Index dur...
Base Fee Adjustment. Beginning in the 13th month of operations, the Base Fee of 2.00% will be adjusted upward or downward on a monthly basis based upon the performance of the Series relative to the performance of the S&P 500 Index (the "Index"). The maximum or minimum adjustment is 0.75% annually. Therefore, the maximum annual fee payable to SMC, LLC shall be 2.75% of the Series' average daily net assets, and the minimum annual fee shall be 1.25% of the Series' average daily net assets. The pro rata adjustment upward or downward will be determined based upon the performance of the Class A shares of the Series in excess of, or below, that of the Index. The amount of any upward adjustment in the Base Fee shall be equal to 0.75% multiplied by the ratio of the number of percentage points by which the performance of the Series exceeds the performance of the Index as compared to 15 percentage points. For example, if the performance of the Series was 6.6% and that of the Index was 0%, the ratio would be 6.6 to 15, or 44%, times 0.75%, for an upward adjustment of 0.33%. The amount of any downward adjustment in the Base Fee will be equal to 0.75% multiplied by the ratio of the number of percentage points by which the performance of the Series is less than the performance of the Index as compared to 15 percentage points. For example, if the performance of the Series was --10.0% and that of the Index was 0%, the ratio would be 10 to 15, or 66.66%, times 0.75%, for a downward adjustment of 0.50%. In determining the Base Fee adjustment, if any, applicable during any month, SMC, LLC will compare the investment performance of the Class A shares of the Alpha Opportunity Series for the twelve-month period ending on the last day of the prior month (the "Performance Period") to the investment record of the Index during the Performance Period. The investment performance of the Series will be determined by adding together (i) the change in the net asset value of Class A shares during the Performance Period, (ii) the value of cash distributions made by the Series to holders of its Class A shares to the end of the Performance Period, and (iii) the value of capital gains per share, if any, paid on undistributed realized long-term gains accumulated to the end of the Performance Period, and will be expressed as a percentage of the net asset value per share of the Class A shares at the beginning of the Performance Period. The investment performance of the Index will be determined by adding together (i) ...
Base Fee Adjustment. The Base Fee may be renegotiated annually at the -------------------- request of either Party. In the event that the Parties cannot agree then the Base Fee shall be increased by the greater of 5% or the amount of the cost of living index increase as published by the U.S. Federal government in its final annual publication of such reports. The Base Fee may be temporarily adjusted in the event that sales of the Company in any quarter are less than operating costs of the Company and then at the end of the subsequent quarter should negative cash flow be still occurring the Consultant's Base Fee shall, together with other management personnel subject to the same formula, be reduced pro rata to reduce costs to balance incoming revenue and outgoing expense but only up to a 50% reduction of the Base Fee. The reduction of Base Fee shall be ameliorated upon the Company's revenue increasing sufficiently to pay some or all deferred Base Fee (the Base Fee payment shall increase to its normal rate in direct proportion to positive cash flow). Any reduction of Base Fee shall be treated as a shareholder loan, without interest, and shall be paid from profit before dividends.
Base Fee Adjustment. The Base Fees shall be subject to an increase or decrease in the reasonable discretion of the Golf Course, provided however: (a) the fees available to Hotel Guests shall be subject to adjustment by SGR only once per calendar year (during either September or October) effective January or February and shall thereafter remain constant for one year from the date of each adjustment.
Base Fee Adjustment. If the due date for the payment of the 2008 Base Fee Adjustment under the terms of the Management Agreement Amendments is on or after the Closing Date, then Manager shall pay such Base Fee Adjustment, if any, in full at the Closing. For purposes of this Section 7.15, the term “Management Agreement Amendments” means, collectively, that certain First Amendment to Amended and Restated Management Services and License Agreement with respect to ▇▇▇ ▇▇▇▇▇ Management Agreement dated as of December 17, 2008, and that certain First Amendment to Amended and Restated Management Services and License Agreement with respect to the Sandusky Management Agreement dated as of December 17, 2008.