Comparable Position. (i) Notwithstanding the foregoing, if the Limited Partner is not offered a Comparable Position (as defined in Section 4(e)(ii) below) in writing upon the occurrence of such Change of Control, then (A) 100% of the total then-unvested Incentive D Units shall become conditionally vested on the Change of Control Date and participate in such Change of Control in accordance with Section 4(b)(i) (with no Incentive D Units being treated as COC Incentive D Units for purposes of this Agreement) and (B) 100% of the Incentive P Units shall become conditionally vested on the Change of Control Date and shall participate in the Change of Control in accordance with Section 4(c)(i) (with no Incentive P Units being treated as COC Incentive P Units for purposes of this Agreement).
Appears in 3 contracts
Samples: Partner Agreement (Och-Ziff Capital Management Group LLC), Partner Agreement (Och-Ziff Capital Management Group LLC), Partner Agreement (Och-Ziff Capital Management Group LLC)
Comparable Position. (i) Notwithstanding the foregoing, if the Limited Partner is not offered a Comparable Position (as defined in Section 4(e)(ii) below) in writing upon the occurrence of such Change of Control, then (A) 100an additional 25% of the total then-unvested Incentive D Units shall become conditionally vested on the Change of Control Date and participate in such Change of Control in accordance with Section 4(b)(i) (with no Incentive D Units being and shall not be treated as COC Incentive D Units for purposes of this Agreement) ), and the remaining 25% of the total then-unvested Incentive D Units shall be forfeited, and (B) 100% of the Incentive P Units shall become conditionally vested on the Change of Control Date and shall participate in the Change of Control in accordance with Section 4(c)(i) (with no Incentive P Units being treated as COC Incentive P Units for purposes of this Agreement).
Appears in 3 contracts
Samples: Partner Agreement (Och-Ziff Capital Management Group LLC), Partner Agreement (Och-Ziff Capital Management Group LLC), Partner Agreement (Och-Ziff Capital Management Group LLC)