Performance Allocations Sample Clauses

Performance Allocations. During the Term, you will be eligible to receive investment-specific performance fees on platforms based on your active and direct participation in such investments which shall be fully vested when issued. Your existing rights to receive performance allocations or promote shall remain subject to their terms, but shall not include the 20% cutback which shall not apply to you.

Performance Allocations i. So long as the Manager is manager of the Company, persons employed or otherwise contractually associated with the Manager may be designated at the Manager’s discretion to receive OC Units in PHAT (the “Performance Allocation”). A quarterly or annual Performance Allocation may be made, following commencement of the fourth (4th) year of operations, in an amount of OC Units equivalent in value to one tenth (1/10) of the quarterly or annual aggregate increase in Net Asset Value per Share as of the immediately prior quarter end or year end from the last Performance Allocation date; provided (i) that the resulting dilution does not result in a decrease in Net Asset Value per outstanding Share from the previous quarter end published Net Asset Value (the “Limiting Factor”) and (ii) for avoidance of doubt: so long as there are no distributions under Section 3, the Performance Allocation of OC Units shall never result in a decrease in the Net Asset Value per Share below the Net Asset Value per Share of the immediately preceding quarter end. ii. The purpose of the Performance Allocation is intended to provide the Manager a number of OC Units for incentive and performance awards to the extent of ten percent (10%) of the quarterly or annual increase in Net Asset Value per Share while protecting the gains in value per share recognized by shareholders of the FUND. For example, if as of the third (3rd) year end, the Operating Company’s aggregate Net Asset Value is fifty million dollars ($50,000,000) and there are five million fully diluted Shares outstanding as of that date, the Net Asset Value per Share floor is ten dollars ($10.00) per Share. If at the end of the first (1st) quarter of the fourth (4th) year, the aggregate Net Asset Value is fifty-five million dollars ($55,000,000), the increase in the aggregate Net Asset Value is five million dollars ($5,000,000) that is the difference derived from fifty-five million dollars minus fifty million dollars ($55,000,000 - $50,000,000 = $5,000,000). The increase in the aggregate Net Asset Value multiplied by the ten percent (10%) Performance Allocation is five-hundred thousand dollars ($500,000) ($5,000,000 x 10% = $500,000). Assuming REICG’s fully diluted Shares outstanding as of the end of the first (1st) quarter of the fourth (4th) year are five million (5,000,000), the Performance Allocation of five hundred thousand dollars ($500,000) divided by the first (1st) quarter of the fourth (4th) year published Net Asset Value...

Performance Allocations. As an incentive to maximize the per share NAV over time, the Manager may receive a grant of OC Units commencing with the fourth (4th) year of operations, as defined in the Phat Holding LLC operating agreement.

Performance Allocations. (a) Generally. Except as provided below in this paragraph and in Section 3.5(b), at the end of each fiscal year, and upon a withdrawal of capital at any time other than a fiscal year end, with respect to amounts so withdrawn, an amount equal to 20% (or such lesser or greater amount with respect to any Partner as shall be agreed by the General Partner and such Partner) of the Net Capital Appreciation allocated to such Limited Partner for the fiscal year shall be reallocated from the Capital Account of such Limited Partner to the Capital Account of the General Partner (the "Performance Allocation"). For the purpose of calculating the Performance Allocation, Net Capital Appreciation shall reflect a reduction for all Management Fees paid by the Limited Partner with respect to the fiscal year or other measurement period. The General Partner, in its sole discretion, may waive the reallocation of all or any part of the Performance Allocation with respect to any Limited Partner for any fiscal year or other measurement period. (b) High Water Mark. Notwithstanding Section 3.5(a) above, if at the end of a fiscal year there exists a Net Capital Depreciation for a particular Limited Partner for such fiscal year, this Section 3.5(b) shall apply. In such event, there shall be established a memorandum account for each such Limited Partner entitled the "Deficit Account," if a Deficit Account does not already exist for such Limited Partner. If a Deficit Account for the Limited Partner did not exist prior to such fiscal year, the initial account Deficit Account balance shall be the amount of the Net Capital Depreciation of such Limited Partner for the fiscal year. If the Deficit Account existed prior to such fiscal year, the Net Capital Depreciation of such Limited Partner for such fiscal year shall be added to the Deficit Account balance. In each succeeding fiscal year, if there is Net Capital Appreciation for such Limited Partner for such fiscal year, the amount thereof shall be subtracted from the balance of the Deficit Account until the Deficit Account balance equals zero. Once the Deficit Account for a particular Limited Partner equals zero, such Deficit Account shall no longer exist and, in the fiscal year the balance reaches zero, the amount of any Net Capital Appreciation for such Limited Partner in excess of the amount contained in such Deficit Account at the beginning of the fiscal year shall be subject to Section 3.5(a). While a Limited Partner has a Deficit Accou...

Performance Allocations