Common use of Liquidation Fee Clause in Contracts

Liquidation Fee. In the fiscal year in which the Company liquidates all of its remaining assets, the Adviser shall receive a liquidation fee equal to: 20% of the amount by which (i) all distributions made to the Company’s stockholders from the Effective Date until the date of determination of the liquidation, exceed (ii) the amount of Contributed Capital, as determined immediately prior to liquidation, less the aggregate amount of all Capital Gains Fees paid to the Adviser in prior fiscal years; provided that in no event will such liquidation fee exceed 20% of all Capital Gains for the year of liquidation. The Adviser may, from time to time, waive or defer all or any part of the compensation described in this Section 10. The parties do hereby expressly authorize and instruct the Company’s administrator, or its successors, to calculate the fee payable hereunder and to remit all payments specified herein to the Adviser.

Liquidation Fee. In the fiscal year in which the Company liquidates all of its remaining assets, the Adviser shall receive a liquidation fee equal to: 20% of the amount by which (ia) all distributions made to the Company’s stockholders from the Effective Date until the date of determination of the liquidation, exceed (iib) the amount of Contributed Capital, as determined immediately prior to liquidation, less the aggregate amount of all Capital Gains Fees paid to the Adviser in prior fiscal years; provided that in no event will such liquidation fee exceed 20% of all Capital Gains for the year of liquidation. The Adviser may, from time to time, waive or defer all or any part of the compensation described in this Section 10. The parties do hereby expressly authorize and instruct the Company’s administrator, or its successors, to calculate the fee payable hereunder and to remit all payments specified herein to the Adviser.