4
Shared Docs
4
Same-Page
4 / 4
Mentions
distributions relating to Profit Share hereunder shall take into account allocations and distributions relating to incentive fees made by the entity that receives and distributes such fee
d conditions relating to that particular Non-Managing Member, if any, as the Managing Member shall determine, a Non-Managing Member's Negative P&L, Richter Points, December 31, 2014 Capital Account balance and any other terms and conditions that the Managing Member determines are or are not applicable to such
Points shall be replaced by the same amount of Feinberg's unpaid Reallocated Amounts which shall be payable to such Member as if such allocation of Profit Share had been made directly to him originally. Distributions with respect to New Funds shall be made to the Member with Negative P&L (and not reallocated
ber at the time distributions are being made to that Member on account of Richter Points, the amounts otherwise payable to that Member on account of Richter Points may, in Feinberg's discretion and notwithstanding anything in Section Ile to the contrary, be paid to Feinberg until the Negative P&L is fully offs
he Managing Member determines the need therefore no longer exists. Subject to Sections I le, l lf, 11g, Ilh and lli, distributions on account of the Profit Share shall be made in in accordance with the Member's Capital Account balances (including the Managing Member solely with respect to distributions rela
1 of the year immediately preceding the Distribution Date after (i) reducing such Capital Account balances for (A) the sub-accounts established for Richter Points and Holdbacks and (B) any overall net profit allocations made during the two full calendar years ending on December 31 of the year preceding the Dis
3, a "Liquidity Event"). In the event a transaction occurs as described in this Section 13, the Non-Managing Members' right to future allocations of Profit Share hereunder shall be proportionately reduced in the manner determined in the reasonable discretion of the Managing Member to reflect the percentage o
ent shall be payable to the Managing Member except to the extent provided in Section 14 hereof and except to the extent any such proceeds relate to Richter Points and Profit Share allocable through the period DOC ID - 25061468 12 56 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0047099 CONFIDENT
Entities connected to both Profit Share and Richter Points