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Common use of Incentive Allocation Clause in Contracts

Incentive Allocation. (a) The Incentive Allocation shall be debited against the Capital Account of each Member as of the last day of each Allocation Period with respect to such Member and the amount so debited shall simultaneously be credited to the Special Advisory Account or, subject to compliance with the 1940 Act and the Advisers Act, to the Capital Accounts of such Members who are directors, officers or employees of the Adviser or its Affiliates, or with respect to which such directors, officers or employees are the sole beneficial owners, as have been designated in any written notice delivered by the Adviser to the Board of Managers within 90 days after the close of such Allocation Period. (b) By the last business day of the month following the date on which an Incentive Allocation is made, the Special Advisory Member must withdraw 100% of the Incentive Allocation (computed on the basis of unaudited data) that was credited to the Special Advisory Account. Within 30 days after the completion of the audit of the books of the Company for the year in which allocations to the Special Advisory Account are made, the Company shall pay to the Special Advisory Member any additional amount of Incentive Allocation determined to be owed to the Special Advisory Member based on the audit, and the Special Advisory Member shall pay to the Company any excess amount of Incentive Allocation determined to be owed to the Company.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Susa Registered Fund, L.L.C.), Investment Advisory Agreement (Susa Registered Fund, L.L.C.)

Incentive Allocation. (a) The So long as the Adviser serves as the Special Advisory Member of the Fund, the Incentive Allocation shall be debited against the Capital Account of each Member (other than the Adviser) as of the last day of each Allocation Period with respect to such Member and the amount so debited shall simultaneously be credited to the Special Advisory Account Account, or, subject to compliance with the 1940 Act and the Advisers Act, to the Capital Accounts of such Members who are directors, officers or employees of the Adviser or its Affiliates, or with respect to which such directors, officers or employees are the sole beneficial owners, as have been designated in any written notice delivered by the Adviser to the Board of Managers Fund within 90 days after the close of such Allocation Period. (b) By the last business day of the month following the date on which an Incentive Allocation is madeany amounts are credited to the Special Advisory Account pursuant to Section 5.8(a) above, the Special Advisory Member must may withdraw up to 100% of the Incentive Allocation any such amounts (computed on the basis of unaudited data) that was were credited to the Special Advisory Account. Within 30 days after the completion of the audit of the Fund's books of the Company for the year in which allocations any such amounts were credited to the Special Advisory Account are madeAccount, the Company Fund shall pay to the Special Advisory Member any additional amount of Incentive Allocation amounts determined to be owed to the Special Advisory Member based on the audit, and the Special Advisory Member shall pay to the Company Fund any excess amount of Incentive Allocation determined to be owed amounts that were credited to the CompanySpecial Advisory Account.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Beaumont Fund LLC), Limited Liability Company Agreement (Curan Fund LLC)

Incentive Allocation. (a) The Incentive Allocation shall be debited against the Capital Account of each Member as of the last day of each Allocation Period with respect to such Member and the amount so debited shall simultaneously be credited to the Special Advisory Account or, subject to compliance with the 1940 Act and the Advisers Act, to the Capital Accounts of such Members who are directors, officers or employees of the Adviser or its Affiliates, or with respect to which such directors, officers or employees are the sole beneficial owners, as have been designated in any written notice delivered by the Adviser to the Board of Managers within 90 days after the close of such Allocation Period. (b) By the last business day of the month following the date on which an Incentive Allocation is made, the Special Advisory Member must may withdraw up to 100% of the Incentive Allocation (computed on the basis of unaudited data) that was credited to the Special Advisory Account. Within 30 days after the completion of the audit of the books of the Company for the year in which allocations to the Special Advisory Account are made, the Company shall pay to the Special Advisory Member any additional amount of Incentive Allocation determined to be owed to the Special Advisory Member based on the audit, and the Special Advisory Member shall pay to the Company any excess amount of Incentive Allocation determined to be owed to the Company.

Appears in 1 contract

Samples: Investment Advisory Agreement (Advantage Advisers Xanthus Fund, L.L.C.)

Incentive Allocation. (a) The So long as the Adviser serves as the Special Advisory Member of the Fund, the Incentive Allocation shall be debited against the Capital Account of each Member (other than the Adviser) as of the last day of each Allocation Period with respect to such Member and the amount so debited shall simultaneously be credited to the Special Advisory Account Account, or, subject to compliance with the 1940 Act and the Advisers Act, to the Capital Accounts of such Members who are directors, officers or employees of the Adviser or its Affiliates, or with respect to which such directors, officers or employees are the sole beneficial owners, as have been designated in any written notice delivered by the Adviser to the Board of Managers Fund within 90 days after the close of such Allocation Period. (b) By the last business day of the month following the date on which an Incentive Allocation is madeany amounts are credited to the Special Advisory Account pursuant to Section 5.8(a) above, the Special Advisory Member must may withdraw up to 100% of the Incentive Allocation any such amounts (computed on the basis of unaudited data) that was were credited to the Special Advisory Account. Within 30 days after the completion of the audit of the Fund’s books of the Company for the year in which allocations any such amounts were credited to the Special Advisory Account are madeAccount, the Company Fund shall pay to the Special Advisory Member any additional amount of Incentive Allocation amounts determined to be owed to the Special Advisory Member based on the audit, and the Special Advisory Member shall pay to the Company Fund any excess amount of Incentive Allocation determined to be owed amounts that were credited to the CompanySpecial Advisory Account.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Curan Fund LLC)

Incentive Allocation. (a) The So long as the Adviser serves as the Special Advisory Member of the Fund, the Incentive Allocation shall be debited against the Capital Account of each Member (other than HSBC Asset Management (Americas) Inc. in its capacity as a Member) as of the last day of each Allocation Period with respect to such Member and the amount so debited shall simultaneously be credited to the Special Advisory Account Account, or, subject to compliance with the 1940 Act and the Advisers Act, to the Capital Accounts of such Members who are directors, officers or employees of the Adviser or its Affiliates, or with respect to which such directors, officers or employees are the sole beneficial owners, as have been designated in any written notice delivered by the Adviser to the Board of Managers Fund within 90 days after the close of such Allocation Period. (b) By the last business day of the month following the date on which an Incentive Allocation is madeany amounts are credited to the Special Advisory Account pursuant to Section 5.8(a) above, the Special Advisory Member must withdraw may request a distribution of up to 100% of the Incentive Allocation any such amounts (computed on the basis of unaudited data) that was were credited to the Special Advisory Account. Within 30 days after the completion of the audit of the Fund's books of the Company for the year in which allocations any such amounts were credited to the Special Advisory Account are madeAccount, the Company Fund shall pay to the Special Advisory Member any additional amount of Incentive Allocation amounts determined to be owed to the Special Advisory Member based on the audit, and the Special Advisory Member shall pay to the Company Fund any excess amount of Incentive Allocation determined to be owed amounts that were credited to the CompanySpecial Advisory Account.

Appears in 1 contract

Samples: Limited Liability Company Agreement (HSBC Absolute Return Portolio LLC)

Incentive Allocation. (a) The So long as the Adviser serves as the Special Advisory Limited Partner of the Partnership, the Incentive Allocation shall be debited against the Capital Account of each Member Limited Partner as of the last day of each Allocation Period with respect to such Member Limited Partner and the amount so debited shall simultaneously be credited to the Special Advisory Account or, subject to compliance with the 1940 Act and the Advisers Act, to the Capital Accounts of such Members who are directors, officers or employees of the Adviser or its Affiliates, or with respect to which such directors, officers or employees are the sole beneficial owners, Partners as have been designated in any written notice delivered by the Adviser to the Board of Managers Individual General Partners within 90 days after the close of such Allocation Period. (b) By the last business day of the month following the date on which an Incentive Allocation is made, the Special Advisory Member must Limited Partner may withdraw up to 100% of the Incentive Allocation (computed on the basis of unaudited data) that was credited to the Special Advisory Account. Within 30 days after the completion of the audit of the books of the Company Partnership for the year in which allocations to the Special Advisory Account are made, the Company Partnership shall pay to the Special Advisory Member Limited Partner any additional amount of Incentive Allocation determined to be owed to the Special Advisory Member Limited Partner based on the audit, and the Special Advisory Member Limited Partner shall pay to the Company Partnership any excess amount of Incentive Allocation determined to be owed to the CompanyPartnership.

Appears in 1 contract

Samples: Limited Partnership Agreement (Wynstone Partners Lp)