MANAGEMENT AND PERFORMANCE FEES Sample Clauses

MANAGEMENT AND PERFORMANCE FEES. (a) (a) The Company will pay or cause its Subsidiaries to pay the Adviser a management fee (the “Company Management Fee”) equal to 1.25% of NAV for the Class C Common Shares, Class D Common Shares, Class I Common Shares, Class S Common Shares and Class T Common Shares per annum payable monthly, before giving effect to any accruals for the Management Fee, the Performance Fee, the Stockholder Servicing Fee or any Distributions. The Operating Partnership will pay or cause its Subsidiaries to pay the Adviser a management fee (the “OP Management Fee” and, together with the Company Management Fee, the “Management Fee”) equal to 1.25% of the net asset value of the Operating Partnership attributable to Operating Partnership units held by unitholders other than the Company. Notwithstanding the foregoing, no Management Fee shall be paid on Class E Common Shares or Class E units of the Operating Partnership. The Adviser shall receive the Management Fees as compensation for services rendered hereunder. (b) (i) The Company will pay or cause its Subsidiaries to pay the Adviser a performance fee (the “Company Performance Fee”) promptly following the end of each calendar year (which shall accrue on a monthly basis) in an amount equal to: (1) First, if the Total Return for the applicable period exceeds the sum of (A) the Hurdle Amount for that period and (B) the Loss Carryforward Amount (any such excess, “Company Excess Profits”), 100% of such Excess Profits until the total amount allocated to the Adviser equals 12.5% of the sum of (x) the Hurdle Amount for that period and (y) any amount allocated to the Adviser pursuant to this clause; and (2) Second, to the extent there are remaining Excess Profits, 12.5% of such remaining Excess Profits. Any amount by which Total Return falls below the Hurdle Amount and that does not constitute Loss Carryforward Amount will not be carried forward to subsequent periods. For the avoidance of doubt, for the fiscal year ending December 31, 2022, the Company Performance Fee shall accrue beginning on January 1, 2022. With respect to all Performance Shares that are repurchased at the end of any month in connection with repurchases of Shares pursuant to the Company’s share repurchase plan, the Adviser shall be entitled to such Company Performance Fee in an amount calculated as described above calculated in respect of the portion of the year for which such Performance Shares were outstanding, and proceeds for any such Performance Shares repurcha...
Sample 1
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MANAGEMENT AND PERFORMANCE FEES. The Investment Manager will be entitled to a monthly management fee and an annual performance fee. The amount of fees payable will be determined in accordance with the provisions and formula as set out below:
Sample 1
MANAGEMENT AND PERFORMANCE FEES. (a) The Cooperating Respondents shall pay an O&M Management Fee to the Water Entity responsible for each Subproject, as follows: B-5 $79,500; B-6 $73,900; Subarea 1 $68,200; CDWC $57,100; SWS 140 $25,700; and LPVCWD $28,400. The O&M Management Fee shall be paid annually during operation of the respective Project Facility pursuant to the SOW and subject to an annual increase by 2%. The Cooperating Respondents shall pay to SGVWC an O&M Management Fee of $17,200 annually for operation of the B-4 facility until the B-5 and B-6 Subprojects are both fully operational. (b) The Cooperating Respondents shall pay an O&M Performance Fee to the Water Entity responsible for each Subproject equal to 10% of the amount by which actual costs chargeable to that Subproject (not including energy, facilities replacement costs or allocated Project-wide O&M Costs and without regard to reimbursements from Public Funding Sources and Other Funding Sources) are less than the O&M target budget for that year. The initial O&M budget targets for the Subprojects are as reflected in Exhibits L and M. The O&M budget targets for the Subprojects for subsequent years shall be the O&M budgets adopted by the Subproject Committees pursuant to Section 4.6.1.
Sample 1
MANAGEMENT AND PERFORMANCE FEES. Under the New Investment Management Agreement, the Investment Manager will be entitled to a monthly management fee and a performance fee. The amount of fees payable will be determined in accordance with the provisions and formula as set out below:
Sample 1
MANAGEMENT AND PERFORMANCE FEES. (a) The Manager shall be entitled to receive from the Partnership a management fee payable in such amounts and at such intervals as the General Partner and the Manager may agree to from time to time, provided such fees are fully disclosed to the purchaser of Units affected thereby at the time of purchase. The fees charged by the Manager may be greater in respect of one class and/or series of Units than for another class or series of Units and in such regard shall be calculated and deducted from the Net Asset Value of each respective class or series in accordance with subsection 3.2(f). The General Partner must give to the Limited Partners not less than 60 days’ notice of any proposed change to the method of calculation of such fees, if, as a result of such change, such fees will be paid more frequently or could result in increased fees being paid by the Partnership. (b) In addition, the Manager shall be entitled to receive a performance fee, calculated in such manner and payable at such times, as the General Partner and Manager may agree to from time to time, provided affected Limited Partners are notified in advance of such fees (for example, through disclosure in the Partnership’s offering documents from time to time). The General Partner must give to the Limited Partners so affected not less than 60 days’ notice of any proposed change to the method of calculation of the performance fee, if, as a result of such change, the performance fee will be paid more frequently or could result in increased fees being paid by the Partnership. The performance fee charged by the Manager may be greater in respect of one class of Units than for another class of Units and in such regard shall be calculated and deducted from the Net Asset Value of each respective class in accordance with subsection 3.2(f). The performance fee charged by the Manager in respect of all series of a class shall be calculated applying the same formula, however as a result of differences in Net Asset Value per Unit such formula may result in a greater performance fee being payable in respect of one series of Units than for another series of Units on any Valuation Date, and in such regard shall be calculated and deducted from the Net Asset Value of each respective series in accordance with subsection 3.2(f).
Sample 1
MANAGEMENT AND PERFORMANCE FEES. (a) The Manager shall be entitled to receive from the Partnership an asset-based management fee payable in such amounts and at such intervals as the General Partner and the Manager may agree to from time to time. (b) In addition, the Manager shall be entitled to receive as a performance fee an amount equal to such percentage of net profits of the Partnership, calculated in such manner and payable at such times, as the General Partner and Manager may agree. The performance fee charged by the Manager may be greater in respect of one class of Units than for another class of Units and in such regard shall be calculated and deducted from the Net Asset Value of each respective class. The Manager may from time to time, in its sole discretion, pay to registered dealers whose clients hold Units, a portion of the Performance Fee payable to the Manager by the Partnership.
Sample 1

Related to MANAGEMENT AND PERFORMANCE FEES

  • Payment and Performance Bond Prior to the execution of this Contract, City may require Contractor to post a payment and performance bond (Bond). The Bond shall guarantee Contractor’s faithful performance of this Contract and assure payment to contractors, subcontractors, and to persons furnishing goods and/or services under this Contract.

  • Payment and Performance Bonds A payment bond and performance is required for a public works contract involving expenditure in excess of twenty-five thousand dollars ($25,000) and no work can be commenced prior to both bonds being approved the County. The Contractor shall furnish, at time of signing the Contract, one surety bond which shall protect the laborers and material men and shall be for $60,000, in accordance with Section 9554 of the Civil Code, and one surety bond in the amount of $60,000, guaranteeing the faithful performance of the Contract. If at any time the value of the total task orders is expected to exceed $60,000, the Contractor shall furnish, in a manner acceptable to the County, evidence that the Contractor is bonded to the expected total value of outstanding task orders for both the faithful performance and laborers and material men bonds. Contractor shall not be entitled to, nor shall County authorize, task orders when the total outstanding value of the task orders under this contract exceeds the bond values for which the County is an obligee. Said bonds to be approved by the office of the County Counsel and the County Executive Office of Orange County. Such bonds shall be the forms provided in these specifications and issued and executed by an admitted surety insurer (authorized to transact surety insurance in California). (e.g., if the bonds are issued through a surplus line broker, both the surplus line broker and the insurer with whom he is doing business for purposes of this project must be licensed in California to issue such bonds.) The faithful performance bond shall be issued by a Surety company with a minimum insurance rating of A- (Secure Best’s Rating) and VIII (Financial Size Category) as determined by the most current edition of the Best’s Key Rating Guide/Property-Casualty/United States or xxxxxx.xxx. The Surety Company must also be authorized to write in California by the Department of the Treasury, and must be listed on the most current edition of the Department of Treasury’s Listing of Approved Securities. If any surety upon any bond furnished in connection with this Contract becomes unacceptable to the County, or if any such surety fails to furnish reports as to his financial condition from time to time as requested by OC Public Works, the Contractor shall promptly furnish such additional security as may be required by OC Public Works or the Board of Supervisors from time to time to protect the interests of the County and of persons supplying labor or materials in the prosecution of the Work contemplated by this Contract. If the County increases the total Contract amount the Contractor is to provide a new bond for the new total Contract amount or a bond for the difference.

  • Payment and Performance Borrower will pay all amounts due under the Loan Documents in accordance with the terms thereof and will observe, perform and comply with every covenant, term and condition expressed or implied in the Loan Documents. Borrower will cause each other Restricted Person to observe, perform and comply with every such term, covenant and condition.

  • Payment and Performance of Obligations Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent that IPT or the Borrower is contesting any item described in clauses (a) or (b) of this Section 7.5 in good faith and is maintaining adequate reserves with respect thereto in accordance with GAAP.

  • Portfolio Expense and Performance Data The Trust shall provide such data regarding each Portfolio’s expense ratios and investment performance as the Company shall reasonably request, to facilitate the registration and sale of the Variable Contracts. Without limiting the generality of the forgoing, the Trust shall provide the following Portfolio expense and performance data on a timely basis to facilitate the Company’s preparation of its annually updated registration statement for the Variable Contracts (and as otherwise reasonably requested by the Company), but in no event later than 10 calendar days after the close of each Portfolio’s fiscal year: (a) The gross “Annual Portfolio Company Expenses” for each Portfolio calculated in accordance with Item 3 of Form N-1A, before any expense reimbursements or fee waiver arrangements (and in accordance with (i) Instruction 16 to Item 4 of Form N-4, and (ii) Instruction 4(a) to Item 4 of Form N-6); (b) The net “Annual Portfolio Company Expenses” (aka “Total Annual Fund Operating Expenses”) for each Portfolio calculated in accordance with Item 3 of Form N-1A, that include any expense reimbursements or fee waiver arrangements (and in accordance with (i) Instruction 17 to Item 4 of Form N-4, (ii) Instruction 4 to Item 17 of Form N-4, (iii) Instruction 4(b) to Item 4 of Form N-6, and (iv) Instruction 4 to Item 18 of Form N-6), and the period for which the expense reimbursements or fee waiver arrangement is expected to continue and whether it can be terminated by the Portfolio (or Fund); and (c) The “Average Annual Total Returns” for each Portfolio (before taxes) as calculated pursuant to Item 4(b)(2)(iii) of Form N-1A (for the 1, 5, and 10 year periods, and in accordance with (i) Instruction 7 to Item 17 of Form N-4, and (ii) Instruction 7 to Item 18 of Form N-6).

  • Guaranty of Payment and Performance Guarantor’s obligations under this Guaranty constitute an unconditional guaranty of payment and performance and not merely a guaranty of collection.

  • Continuity of Service and Performance Unless otherwise agreed in writing, the Parties shall continue to provide service and honor all other commitments under this Agreement during the course of a Dispute with respect to all matters not subject to such Dispute.

  • Unsecured Obligations The obligations of the Company to the Purchasers under the Subordinated Notes shall be unsecured.

  • Secured Party Performance of Debtor Obligations Without having any obligation to do so, the Administrative Agent may perform or pay any obligation which any Grantor has agreed to perform or pay in this Security Agreement and the Grantors shall reimburse the Administrative Agent for any amounts paid by the Administrative Agent pursuant to this Section 8.4. The Grantors’ obligation to reimburse the Administrative Agent pursuant to the preceding sentence shall be a Secured Obligation payable on demand.

  • Capacity and Performance (a) During the term hereof, the Executive shall serve the Company and all of its subsidiaries as their President and Chief Executive Officer. In addition, and without further compensation, the Executive shall serve as a director of one or more of the Company’s Affiliates if so elected or appointed from time to time. The Company shall purchase and continue to maintain directors and officers insurance for the benefit of the Executive pursuant to the terms set forth in the Shareholders Agreement by and among Canada Goose Holdings Inc. and the shareholders named therein, even-dated herewith. (b) During the term hereof, and subject to the terms and conditions set forth in this Agreement, the Executive shall devote his full business time and efforts, business judgment, skill and knowledge to the advancement of the business and interests of the Company and its Affiliates and to the discharge of his duties and responsibilities hereunder. Subject to anything else contained in this Agreement, the Executive shall not engage in any other business activity or serve in any industry, trade, professional, governmental or academic position during the term of this Agreement, except as may be expressly approved in advance by the Board of Directors of the Company (the “Board”) in writing. (c) The Executive may continue to sit on or be involved with those not-for-profit, industry, trade, professional, charitable and other philanthropic boards or committees that are set forth on the schedule attached hereto as Exhibit A, including remaining the chairman of the board of Polar Bears International. The Executive may sit on or be involved with any additional not-for-profit, industry, trade, professional, charitable and philanthropic boards or committees, and the boards of any for-profit entities, in each case with the prior written approval of the Board (except, for the avoidance of doubt, such approval is not required to sit on the Board or the board of any of the Company’s Affiliates), not to be unreasonably withheld; the parties acknowledge that reasonable grounds for withholding such approval will exist if the Executive’s service on or involvement with the applicable board or committee, as determined by the Board in its reasonable discretion, (i) impedes on his ability to carry out his duties and responsibilities to the Company, (ii) creates a conflict of interest for the Executive, or would reasonably be expected to harm the Company’s reputation, given the nature of the business carried out by the applicable entity, (iii) breaches or is in conflict with any provision of this Agreement or (iv) violates any law. The Executive will be entitled to all fees earned by him in connection with sitting on any such board or committee. The Executive acknowledges and agrees that he will not, at any one time during the term of this Agreement, sit on more than four (4) for-profit and not-for-profit boards (or similar committees), in the aggregate, unless otherwise expressly permitted by the Board. (d) The Executive is permitted to carry out paid speaking engagements, lectures and similar activities, and will be entitled to all fees earned by him in connection with same, provided that he will not engage in such paid activities more than five (5) times in any calendar year during the term of this Agreement without the prior written approval of the Board, not to be unreasonably withheld, with reasonable grounds for withholding such approval to be the same as those set forth in Section 3(c) hereof, as determined by the Board in its reasonable discretion. The Executive is also permitted to carry out unpaid speaking engagements, lectures and similar activities, provided that such unpaid activities are consistent with the Executive’s past practice and do not impede on his ability to carry out his duties and responsibilities to the Company. (e) During the term hereof, and subject to anything else contained in this Agreement, the Executive shall comply with all Company policies, practices and procedures and all codes of ethics or business conduct applicable to the Executive’s position, as in effect from time to time. (f) So long as the Executive is the President and/or Chief Executive Officer of the Company, Xxxxx Xxxxx will (i) be entitled to retain an office at the Company’s headquarters, if the Executive determines one is available for him, and (ii) retain the title of Honorary Chairman of the Company.

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