DEFINITION AND CALCULATION OF IRR DEFICIENCY Sample Clauses

DEFINITION AND CALCULATION OF IRR DEFICIENCY. With respect to the applicable IRR Rate, the “IRR Deficiency” as of any particular date means the amount by which (1) the future value as of such date at such IRR Rate of all Contributions made on or before such date (which shall include both such Contributions themselves and a monthly compounded return on such Contributions using the applicable IRR Rate), exceeds (2) the future value (as of such date) at the applicable IRR Rate of all Distributions (excluding, however, any Distribution to be made on such date with respect to which such calculation is being made) made on or before such date (which shall include both such Distributions themselves and a monthly compounded return on such Distributions using the applicable IRR Rate). Accordingly, (i) the “9.25% IRR Deficiency” is the IRR Deficiency using the 9.25% IRR Rate and (ii) the “10.5% IRR Deficiency” is the IRR Deficiency using the 10.5% IRR Rate. An example of this calculation is attached hereto as Schedule 1. SCHEDULE 1 SAMPLE IRR DEFICIENCY CALCULATION EXHIBIT B PROPERTY DESCRIPTION EXHIBIT C FORM OF PROPERTY MANAGEMENT AGREEMENT EXHIBIT C-2 LIMITED PARTNERSHIP AGREEMENT OF [ ], LP1 This LIMITED PARTNERSHIP AGREEMENT (this “Agreement”) of [___], LP (the “Partnership”) is made and entered into to be effective for all purposes as of the date of conversion of the Partnership from being a limited liability company to being a limited partnership on [___], 2007 by [___] GP, LLC, a Delaware limited liability company (“Cedar GP”), as the sole general partner (“General Partner”), [INSERT APPROPRIATE WHOLLY OWNED CEDAR ENTITY] (“Cedar LP”), as the sole limited partner, and such other persons as may from time to time be admitted as partners of the Partnership in accordance with the terms of this Agreement and the Delaware Act (as that term is hereinafter defined). As used in this Agreement, the term “Partner” (whether one or more) shall mean Cedar GP, Cedar LP and any other persons or entities admitted as a partner of the Partnership in accordance with this Agreement and the Delaware Act (so long as they are partners of the Partnership), each in their capacity as a partner of the Partnership.
Sample 1
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DEFINITION AND CALCULATION OF IRR DEFICIENCY. (a) The “Company IRR Deficiency” as of any particular date means the additional amount, if any, that would have to be distributed to the Investor in order to provide the Investor with an internal rate of return equal to the IRR Rate on such date. The Company IRR Deficiency is calculated by determining the additional amount, if any, that would have to be distributed to the Investor on such date to cause the net present value of all Contributions of the Investor and all Distributions to the Investor made on or before such date (excluding, however, any Distribution to the Investor to be made on such date and with respect to which such calculation is being made), discounted at the IRR Rate, to not be less than zero (0), or the calculation of the Investor’s internal rate of return based on said Contributions of the Investor and Distributions to the Investor to not be less than the IRR Rate.
Sample 1
DEFINITION AND CALCULATION OF IRR DEFICIENCY. With respect to the applicable IRR Rate, the “IRR Deficiency” as of any particular date means the amount by which (1) the future value as of such date at such IRR Rate, compounded quarterly, of all Contributions made on or before such date (which shall include both such Contributions themselves and a quarterly compounded return on such Contributions using such IRR Rate), exceeds (2) the future value (as of such date) at such IRR Rate, compounded quarterly, of all Distributions for such IRR Rate (excluding, however, any Distribution to be made on such date and with respect to which such calculation is being made) made on or before such date (which shall include both such Distributions themselves and a quarterly compounded return on such Distributions using such IRR Rate). The *** MATERIAL OMITTED AND FILED SEPARATELY WITH THE SEC PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT “*** IRR Deficiency” is the IRR Deficiency using an IRR Rate of *** per annum, and the “*** IRR Deficiency” is the IRR Deficiency using an IRR Rate of *** per annum.
Sample 1
DEFINITION AND CALCULATION OF IRR DEFICIENCY. With respect to the applicable IRR Rate, the “IRR Deficiency” as of any particular date means the amount by which (1) the future value as of such date at such IRR Rate, compounded annually, of all Contributions made on or before such date (which shall include both such Contributions themselves and an annually compounded return on such Contributions using such IRR Rate), exceeds (2) the future value (as of such date) at such IRR Rate, compounded annually, of all Distributions for such IRR Rate (excluding, however, any Distribution to be made on such date and with respect to which such calculation is being made) made on or before such date (which
Sample 1
DEFINITION AND CALCULATION OF IRR DEFICIENCY. With respect to the applicable IRR Rate, the “IRR Deficiency” as of any particular date means the amount by which (1) the future value as of such date at such IRR Rate of all Contributions made on or before such date (which shall include both such Contributions themselves and a monthly compounded return on such Contributions using the applicable IRR Rate), exceeds (2) the future value (as of such date) at the applicable IRR Rate of all Distributions (excluding, however, any Distribution to be made on such date with respect to which such calculation is being made) made on or before such date (which shall include both such Distributions themselves and a monthly compounded return on such Distributions using the applicable IRR Rate). Accordingly, (i) the “8.25% IRR Deficiency” is the IRR Deficiency using the 8.25% IRR Rate and (ii) the “12% IRR Deficiency” is the IRR Deficiency using the 12% IRR Rate. An example of this calculation is attached hereto as Schedule 1. Table of Contents SCHEDULE 1 SAMPLE IRR DEFICIENCY CALCULATION Table of Contents EXHIBIT B LEASE REQUEST FORM Table of Contents EXHIBIT C FORM OF MANAGEMENT AGREEMENT Table of Contents EXHIBIT D LAND Table of Contents EXHIBIT E LEASING AND PROPERTY GUIDELINES (“SEE ITEMS SET FORTH IN SECOND SENTENCE OF SECTION 7.8(A)”)
Sample 1
DEFINITION AND CALCULATION OF IRR DEFICIENCY. With respect to the applicable IRR Rate, the “IRR Deficiency“ as of any particular date means the amount by which (1) the future value as of such date at such IRR Rate, compounded annually, of all Contributions made on or before such date (which shall include both such Contributions themselves and an annually compounded return on such Contributions using such IRR Rate), exceeds (2) the future value (as of such date) at such IRR Rate, compounded annually, of all Distributions for such IRR Rate (excluding, however, any Distribution to be made on such date and with respect to which such calculation is being made) made on or before such date (which shall include both such Distributions themselves and an annually compounded return on such Distributions using such IRR Rate). The “15% IRR Deficiency“ is the IRR Deficiency using an IRR Rate of 15% per annum, the “20% IRR Deficiency“ is the IRR Deficiency using an IRR Rate of 20% per annum, and the “25% IRR Deficiency“ is the IRR Deficiency using an IRR Rate of 25% per annum. EXHIBIT “F”
Sample 1

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