Common use of Cash Sweep Clause in Contracts

Cash Sweep. a) During the Distribution Holiday, on a quarterly basis,7 100% of all economic income8 (after accounting for normalized public dividends as determined by the Board (but subject to an annual minimum of 20% of distributable earnings per year, and an annual maximum of up to 30% of distributable earnings or, if the minimum would be $0.10 or less, then up to $0.10 per public share per annum) (the “Permitted Dividend”) will be applied to repay the 2018 credit facility and then repurchase the New Preferred Securities (in each case, together with accrued interest); and b) Any gross proceeds resulting from the realization of Accrued Unrecognized Incentive in respect of the Specified Funds (the “Designated Accrued Unrecognized Incentive”) (net of compensation arising from such realization consistent with compensation allocations as of the date hereof) and 85% of the after tax proceeds from any asset sales or other dispositions will be used to repay the 2018 credit facility and then the New Preferred Securities (collectively, the “Designated Proceeds”). For purposes of the foregoing, the “Specified Funds” shall be consist of the funds listed on Schedule 2. 7 Details to be mutually agreed and subject to further analysis.

Appears in 5 contracts

Samples: Letter Agreement and Term Sheet (Och-Ziff Capital Management Group LLC), Letter Agreement and Term Sheet (Och-Ziff Capital Management Group LLC), Letter Agreement and Term Sheet (Och-Ziff Capital Management Group LLC)

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