Investment Return Clause Samples

Investment Return. Except in circumstances provided in Sections 4.2, 4.3(b) and 4.3(c) that would require Issuer’s payment of the Made-Whole Redemption Price, Investor will be entitled to a premium, which in aggregate of the interest accrued and outstanding under Article 2 and any incremental interest accrued and outstanding under Section 4.5, will provide to the Investor the following internal rate of return (each, a “Return Rate”):

Investment Return. The Investment Return shall be calculated based on the Personal Income (defined below) of Student. The Investment Return is the Investment Return Percentage multiplied by the Student's Personal Income for a given Fiscal Year. This amount may be further divided into quarterly or monthly Remittances by Student. This amount will vary from time-to-time based on the Student's Personal Income. The Investment Return has no relationship to the amount of the Investment. The Investment Return may be pro-rated by the number of days set forth in this Agreement, where applicable.

Investment Return. The Investment Return is calculated by multiplying the Final Cost of Acquisition (“FCOA”) by a contractually agreed-upon multiplier of 10. For every Lawsuit originated by Seller, Law Firm will pay $10 for every $1 Seller expended in originating the Lawsuit. The FCOA is calculated by taking the total funds spent during an advertising campaign to originate cases divided by the final number of cases filed with the court.

Investment Return. Each Account shall be deemed to bear an investment return as if invested in the manner elected by the Participant from a list of investment funds from time to time determined by the Compensation Committee. The Compensation Committee may delegate to the Company’s Retirement Plan Investment Committee the duty and authority to determine the investment funds to be used for this purpose under the Plan, including the discretion to eliminate, add, or substitute investment funds from time to time. Deemed investment return under the Plan shall be determined from the date of crediting of an amount to the Participant’s Account (including deemed income thereon) through the date which is three days prior to distribution of such amount from the Account in accordance with procedures established by the Company. A Participant shall be permitted to change his investment election under the Plan for any portion or all of his Account as of any day the New York Stock Exchange is open in accordance with such rules and procedures as the Company shall establish for this purpose. The Company shall have no obligation to actually invest funds pursuant to a Participant's elections, and if the Company does invest funds, a Participant shall have no right to any invested assets other than as a general unsecured creditor of the Company. During any period in which a Participant has not made an election relating to the investment of some portion of his Account, such as in the case of an investment fund previously selected by the Participant ceasing to be available under the Plan, the Retirement Plan Investment Committee shall determine the investment fund or funds to be used in determining investment return for that portion of his Account.

Investment Return. Except in circumstances that would require Issuer’s payment of the Made-Whole Redemption Price, Investor will be entitled to the following internal rate of return (“Return Rate”) for each Interest Period in which the Investment Amount remains outstanding: (a) 15% (if applicable Interest Rate is 5% during that Interest Period); or (b) 22% (if applicable Interest Rate is 12% during that Interest Period). For the avoidance of doubt, the Return Rate is calculated inclusive of interest. In determining the amount that would yield the applicable Return Rate, interest collected by Investor on the Redemption Amount will be included as part of its investment return. If a Redemption Date does not occur on the last date of an Interest Period, the Return Rate for that Interest Period will be equal to the Return Rate of the most recently completed Interest Period but the amount payable for that incomplete Interest Period will reflect the partial period for which the Redemption Amount was outstanding. For the avoidance of doubt, if during that incomplete Interest Period the Interest Rate had been increased according to Section 2.1, then the Return Rate (after counting in the increase of Interest Rate) shall apply retroactively over all previous Interest Periods.

Investment Return. In case any Trigger Event is consummated within the first thirty six (36) months from the Closing Date, then the Purchaser shall receive the applicable Investment Return Amount, as follows: (a) In case of a Liquidity Event, then the Investment Return Amount shall be calculated in accordance with the Investment Return Formula and, within two (2) Business Days from the date of consummation of such Liquidity Event, the Company shall make a payment to the Purchaser, in cash or the equivalent amount in Shares, at the Purchaser’s discretion, so that the Purchaser has received as of such date, in the aggregate, the applicable Investment Return Amount (the “Liquidity Event Payment”). (b) In case a Corporate Transaction Event, then the Investment Return Amount shall be calculated in accordance with the Investment Return Formula and the Company or the surviving entity following the consummation of such Corporate Transaction Event shall, prior and in preference to any payment or distribution in connection with such Corporate Transaction, make a payment to the Purchaser, in cash, or the equivalent amount in Shares or in shares of the entity resulting from such Corporate Transaction Event, at the Purchaser’s discretion, so that the Purchaser has received, in the aggregate, applicable Investment Return Amount (the “Corporate Transaction Event Payment” and, with the Liquidity Event Payment, each an “Investment Return Payment”). (c) For the avoidance of doubt, the Investment Return Payment shall not be payable on more than one (1) occasion.

Investment Return. Subject only to the fees due the Lawyers but prior to payment of any other amounts from the Litigation Proceeds, Claimant shall cause the Lawyers to pay ▇▇▇▇▇▇▇ all amounts owed by Claimant to ▇▇▇▇▇▇▇ pursuant to Section 4.2, if any, plus the following (the “Investment Return”), without reduction, set-off or counterclaim: 1.1. If Litigation Proceeds are received on or before the date eighteen (18) months from the date of the Funding Agreement, an amount equal to two-and-half (2.5) times the Funding Amount; 1.2. If the Litigation Proceeds are received after the date eighteen (18) months from the date of the Funding Agreement an amount to three (3) times the Funding Amount (less amounts already paid to ▇▇▇▇▇▇▇). 1.3. In addition to the amounts provided for above, subject only to the fees due to the Lawyers, ▇▇▇▇▇▇▇ shall be paid $59,212 before any Litigation Proceeds are paid to Claimant or Lawyers (representing the costs incurred by ▇▇▇▇▇▇▇ in connection with the aborted [Confidential Treatment Granted – Material was filed with the Securities and Exchange Commission] transaction, such amount “▇▇▇▇▇▇▇’▇ Reimbursable Costs”).

Investment Return. As a rule, TBG assesses a current return of 6% on its investment per annum, independent from the investee's annual profit, as well as an investment share that is dependent on earnings and to be achieved from the relationships with the TC. At the end of the joint venture period, TBG can require a one-time charge during the joint venture period to the TC's reserves. Details are handled in a contract between TBG and the TC.

Investment Return. The University’s endowment spending distribution policy is to distribute five percent of the three-year moving average fair market value of the endowment investment pool. This policy is designed to protect the purchasing power of the endowment and to minimize the effect of capital market fluctuations on operating budgets. The components of total investment return as reflected in the statements of activities are as follows (in millions): Endowment spending distribution $ 38.4 $ 34.9 Investment return .1 4.8 Total operating investment return 38.5 39.7 losses, net of endowment spending distribution (21.4) (2.9) Other net realized and unrealized gains (losses) (8.7) 2.7 Total unrestricted non-operating investment return (30.1) (.2) Temporarily restricted: Investment loss, net of endowment spending distribution (58.3) (7.9) Endowment distributions reinvested 2.8 2.6 Permanently restricted investment return (2.9) .5 Total non-operating investment loss (88.5) (5.0) Total investment return $ (50.0) $ 34.7