Common use of Incentive Allocation Clause in Contracts

Incentive Allocation. (a) So long as the Adviser serves as the Special Advisory Member of the Fund, the Incentive Allocation shall be debited against the Capital Account of each Member (other than the Adviser) as of the last day of each Allocation Period with respect to such Member and the amount so debited shall be credited to the Special Advisory Account, or, subject to compliance with the 1940 Act and the Advisers Act, to the Capital Accounts of such Members as have been designated in any written notice delivered by the Adviser to the Fund within 90 days after the close of such Allocation Period. (b) By the last business day of the month following the date on which any amounts are credited to the Special Advisory Account pursuant to Section 5.8(a) above, the Special Advisory Member may withdraw up to 100% of any such amounts (computed on the basis of unaudited data) that were credited to the Special Advisory Account. Within 30 days after the completion of the audit of the Fund's books for the year in which any such amounts were credited to the Special Advisory Account, the Fund shall pay to the Special Advisory Member any additional amounts determined to be owed to the Special Advisory Member based on the audit, and the Special Advisory Member shall pay to the Fund any excess amounts that were credited to the Special Advisory Account.

Appears in 2 contracts

Sources: Limited Liability Company Agreement (Beaumont Fund LLC), Limited Liability Company Agreement (Curan Fund LLC)

Incentive Allocation. (a) So long as the Adviser serves as the Special Advisory Member of the Fund, the The Incentive Allocation shall be debited against the Capital Account of each Member (other than the Adviser) as of the last day of each Allocation Period with respect to such Member and the amount so debited shall simultaneously be credited to the Special Advisory Account, Account or, subject to compliance with the 1940 Act and the Advisers Act, to the Capital Accounts of such Members who are directors, officers or employees of the Adviser or its Affiliates, or with respect to which such directors, officers or employees are the sole beneficial owners, as have been designated in any written notice delivered by the Adviser to the Fund Board of Managers within 90 days after the close of such Allocation Period. (b) By the last business day of the month following the date on which any amounts are credited to the Special Advisory Account pursuant to Section 5.8(a) abovean Incentive Allocation is made, the Special Advisory Member may must withdraw up to 100% of any such amounts the Incentive Allocation (computed on the basis of unaudited data) that were was credited to the Special Advisory Account. Within 30 days after the completion of the audit of the Fund's books of the Company for the year in which any such amounts were credited allocations to the Special Advisory AccountAccount are made, the Fund Company shall pay to the Special Advisory Member any additional amounts amount of Incentive Allocation determined to be owed to the Special Advisory Member based on the audit, and the Special Advisory Member shall pay to the Fund Company any excess amounts that were credited amount of Incentive Allocation determined to be owed to the Special Advisory AccountCompany.

Appears in 2 contracts

Sources: Limited Liability Company Agreement (Susa Registered Fund, L.L.C.), Investment Advisory Agreement (Susa Registered Fund, L.L.C.)

Incentive Allocation. (a) So long as the Adviser serves as the Special Advisory Member of the Fund, the Incentive Allocation shall be debited against the Capital Account of each Member (other than the AdviserHSBC Asset Management (Americas) Inc. in its capacity as a Member) as of the last day of each Allocation Period with respect to such Member and the amount so debited shall be credited to the Special Advisory Account, or, subject to compliance with the 1940 Act and the Advisers Act, to the Capital Accounts of such Members as have been designated in any written notice delivered by the Adviser to the Fund within 90 days after the close of such Allocation Period. (b) By the last business day of the month following the date on which any amounts are credited to the Special Advisory Account pursuant to Section 5.8(a) above, the Special Advisory Member may withdraw request a distribution of up to 100% of any such amounts (computed on the basis of unaudited data) that were credited to the Special Advisory Account. Within 30 days after the completion of the audit of the Fund's books for the year in which any such amounts were credited to the Special Advisory Account, the Fund shall pay to the Special Advisory Member any additional amounts determined to be owed to the Special Advisory Member based on the audit, and the Special Advisory Member shall pay to the Fund any excess amounts that were credited to the Special Advisory Account.

Appears in 1 contract

Sources: Limited Liability Company Agreement (HSBC Absolute Return Portolio LLC)

Incentive Allocation. (a) So long as the Adviser serves as the Special Advisory Member of the Fund, the Incentive Allocation shall be debited against the Capital Account of each Member (other than the Adviser) as of the last day of each Allocation Period with respect to such Member and the amount so debited shall be credited to the Special Advisory Account, or, subject to compliance with the 1940 Act and the Advisers Act, to the Capital Accounts of such Members as have been designated in any written notice delivered by the Adviser to the Fund within 90 days after the close of such Allocation Period. (b) By the last business day of the month following the date on which any amounts are credited to the Special Advisory Account pursuant to Section 5.8(a) above, the Special Advisory Member may withdraw up to 100% of any such amounts (computed on the basis of unaudited data) that were credited to the Special Advisory Account. Within 30 days after the completion of the audit of the Fund's ’s books for the year in which any such amounts were credited to the Special Advisory Account, the Fund shall pay to the Special Advisory Member any additional amounts determined to be owed to the Special Advisory Member based on the audit, and the Special Advisory Member shall pay to the Fund any excess amounts that were credited to the Special Advisory Account.

Appears in 1 contract

Sources: Limited Liability Company Agreement (Curan Fund LLC)

Incentive Allocation. (a) So long as the Adviser serves as the Special Advisory Member of the Fund, the The Incentive Allocation shall be debited against the Capital Account of each Member (other than the Adviser) as of the last day of each Allocation Period with respect to such Member and the amount so debited shall simultaneously be credited to the Special Advisory Account, Account or, subject to compliance with the 1940 Act and the Advisers Act, to the Capital Accounts of such Members who are directors, officers or employees of the Adviser or its Affiliates, or with respect to which such directors, officers or employees are the sole beneficial owners, as have been designated in any written notice delivered by the Adviser to the Fund Board of Managers within 90 days after the close of such Allocation Period. (b) By the last business day of the month following the date on which any amounts are credited to the Special Advisory Account pursuant to Section 5.8(a) abovean Incentive Allocation is made, the Special Advisory Member may withdraw up to 100% of any such amounts the Incentive Allocation (computed on the basis of unaudited data) that were was credited to the Special Advisory Account. Within 30 days after the completion of the audit of the Fund's books of the Company for the year in which any such amounts were credited allocations to the Special Advisory AccountAccount are made, the Fund Company shall pay to the Special Advisory Member any additional amounts amount of Incentive Allocation determined to be owed to the Special Advisory Member based on the audit, and the Special Advisory Member shall pay to the Fund Company any excess amounts that were credited amount of Incentive Allocation determined to be owed to the Special Advisory AccountCompany.

Appears in 1 contract

Sources: Investment Advisory Agreement (Advantage Advisers Xanthus Fund, L.L.C.)

Incentive Allocation. (a) So long as the Adviser serves as the Special Advisory Member Limited Partner of the FundPartnership, the Incentive Allocation shall be debited against the Capital Account of each Member (other than the Adviser) Limited Partner as of the last day of each Allocation Period with respect to such Member Limited Partner and the amount so debited shall simultaneously be credited to the Special Advisory Account, Account or, subject to compliance with the 1940 Act and the Advisers Act, to the Capital Accounts of such Members Partners as have been designated in any written notice delivered by the Adviser to the Fund Individual General Partners within 90 days after the close of such Allocation Period. (b) By the last business day of the month following the date on which any amounts are credited to the Special Advisory Account pursuant to Section 5.8(a) abovean Incentive Allocation is made, the Special Advisory Member Limited Partner may withdraw up to 100% of any such amounts the Incentive Allocation (computed on the basis of unaudited data) that were was credited to the Special Advisory Account. Within 30 days after the completion of the audit of the Fund's books of the Partnership for the year in which any such amounts were credited allocations to the Special Advisory AccountAccount are made, the Fund Partnership shall pay to the Special Advisory Member Limited Partner any additional amounts amount of Incentive Allocation determined to be owed to the Special Advisory Member Limited Partner based on the audit, and the Special Advisory Member Limited Partner shall pay to the Fund Partnership any excess amounts that were credited amount of Incentive Allocation determined to be owed to the Special Advisory AccountPartnership.

Appears in 1 contract

Sources: Limited Partnership Agreement (Wynstone Partners Lp)