FEES AND COMMISSIONS FROM PORTFOLIO COMPANIES. Any Portfolio Company Remuneration received by any Class A Member, Class B Member or Designated Representative shall be received by such Member in such Member’s capacity as an employee or member of the Management Company, and shall be remitted to the Management Company on the terms and conditions established by the Manager, in a manner consistent with the Fund Agreement.
FEES AND COMMISSIONS FROM PORTFOLIO COMPANIES. The Managing Member and its Affiliates (including the Principals) shall be permitted to receive fees, commissions and other compensation from Portfolio Companies, provided, however, that any director's, consulting, monitoring, investment banking, transaction or break-up fees or other remuneration (including, without limitation, proceeds from the disposition of any stock option received in connection with service as a director, consultant or investment banker) paid to the Managing Member, a Principal, or any Affiliate of the Managing Member or Principal by or with respect to a Portfolio Company for services rendered shall be received by the Managing Member or any such Affiliate as an agent of the Company and remitted to the Company immediately or at such other time or times as determined by the Managing Member with the approval of the Advisory Committee. Any Person receiving such Portfolio Company remuneration hereby agrees to use its or his best efforts to ensure that the Company, rather than such Person, is treated for tax purposes as earning such remuneration.
