Common use of No Duplicative Payments Clause in Contracts

No Duplicative Payments. It is intended that the provisions of this Agreement will not result in duplicative payment of any amount (including interest) required under this Agreement. It is also intended that the provisions of this Agreement will result in 85% of the Corporation’s Cumulative Net Realized Tax Benefit, and the Interest Amount thereon, being paid to the Members pursuant to this Agreement. The provisions of this Agreement shall be construed in the appropriate manner to achieve these fundamental results.

Appears in 3 contracts

Samples: Tax Receivable Agreement (Pzena Investment Management, Inc.), Tax Receivable Agreement (Turner Investments, Inc.), Tax Receivable Agreement (Pzena Investment Management, Inc.)

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No Duplicative Payments. It is intended that the provisions of this Agreement will not result in duplicative payment of any amount (including interest) required under this Agreement. It is also intended that the provisions of this Agreement will result in 85provide that 100% of the Corporation’s Cumulative Net Realized Tax Benefit, Benefit and the Interest Amount thereon, being be paid to the Members Limited Partner pursuant to this Agreement. The provisions of this Agreement shall be construed in the appropriate manner to achieve these fundamental resultsso that such intentions are realized.

Appears in 3 contracts

Samples: Tax Receivable Agreement (Virgin Mobile USA, Inc.), Tax Receivable Agreement (Virgin Mobile USA, Inc.), Tax Receivable Agreement (Virgin Mobile USA, Inc.)

No Duplicative Payments. It Notwithstanding anything in this Agreement to the contrary, it is intended that the provisions of this Agreement will not result in duplicative payment of any amount (including interest) required under this Agreement. It is also intended that the provisions of this Agreement will result in 8590% of the Corporation’s Cumulative Net Realized Tax Benefit, and the Interest Amount thereon, being paid to the Members pursuant to this Agreement. The provisions of this Agreement shall be construed in the appropriate manner to achieve so that these fundamental resultsresults are achieved.

Appears in 3 contracts

Samples: Tax Receivable Agreement (Truett-Hurst, Inc.), Tax Receivable Agreement (Truett-Hurst, Inc.), Tax Receivable Agreement (Truett-Hurst, Inc.)

No Duplicative Payments. It is intended that the provisions of this Agreement will not result in duplicative payment of any amount (including interest) required under this Agreement. It is also intended that the provisions of this Agreement Agreement, subject to Article 4 and Section 7.14, will result in an amount equal to 85% of the Corporation’s Cumulative Net Realized Tax Benefit, and the Interest Amount thereon, Benefit being paid over to the Members pursuant to this AgreementMembers. The provisions of this Agreement shall be construed in the appropriate manner to achieve these fundamental resultsensure such intentions are realized.

Appears in 3 contracts

Samples: Tax Receivable Agreement, Tax Receivable Agreement (Red Rock Resorts, Inc.), Tax Receivable Agreement (Red Rock Resorts, Inc.)

No Duplicative Payments. It is intended that the provisions of this Agreement will not result in duplicative payment of any amount (including interest) required under this Agreement. It is also intended that the provisions of this Agreement will result in provide that 85% of the Corporation’s Cumulative Net Realized Tax Benefit, Benefit and the Interest Amount thereon, being be paid to the Members Existing Stockholders pursuant to this Agreement, and that with respect to any Taxable Year, the Corporation will not make payments pursuant to the Tax Receivable Agreements exceeding 85% of the Overall Realized Tax Benefit. The provisions of this Agreement shall be construed in the appropriate manner to achieve these fundamental resultsso that such intentions are realized.

Appears in 3 contracts

Samples: Income Tax Receivable Agreement, Income Tax Receivable Agreement (Graham Packaging Co Inc.), Tax Receivable Agreement (Graham Packaging Co Inc.)

No Duplicative Payments. It is intended that the provisions of this Agreement will not result in duplicative payment of any amount (including interest) required under this Agreement. It is also intended that the provisions of this Agreement will result in 85% of the Corporation’s Cumulative Net Realized Tax Benefit, and the Interest Amount thereon, being paid to the Members Principals pursuant to this Agreement. The provisions of this Agreement shall be construed in the appropriate manner to achieve these fundamental results.

Appears in 3 contracts

Samples: Tax Receivable Agreement (RCS Capital Corp), Tax Receivable Agreement (RCS Capital Corp), Tax Receivable Agreement (Artio Global Investors Inc.)

No Duplicative Payments. It is intended that the provisions of this Agreement will not result in duplicative payment of any amount (including interest) required under this Agreement. It is also intended that the provisions of this Agreement will result in provide that 85% of the Corporation’s Cumulative Net Realized Tax Benefit, Benefit and the Interest Amount thereon, being be paid to the Members Xxxxxx Family Entities pursuant to this Agreement, and that with respect to any Taxable Year, the Corporation will not make payments pursuant to the Tax Receivable Agreements exceeding 85% of the Overall Realized Tax Benefit. The provisions of this Agreement shall be construed in the appropriate manner to achieve these fundamental resultsso that such intentions are realized.

Appears in 3 contracts

Samples: Income Tax Receivable Agreement, Income Tax Receivable Agreement (Graham Packaging Co Inc.), Tax Receivable Agreement (Graham Packaging Co Inc.)

No Duplicative Payments. It is intended that the above provisions of this Agreement will not result in duplicative payment of any amount (including interest) required under this Agreement. It is also intended that the provisions of this Agreement will result in provide that 85% of the Corporation’s Cumulative Net 's Realized Tax Benefit, Benefit and the Interest Amount thereon, being is paid to the Members Partners pursuant to this Agreement. The provisions of this Agreement shall be construed in the appropriate manner to achieve these fundamental resultsas such intentions are realized.

Appears in 2 contracts

Samples: Tax Receivable Agreement (Fortress Investment Group Holdings LLC), Amended And (Fortress Investment Group LLC)

No Duplicative Payments. It Notwithstanding anything in this Agreement to the contrary, it is intended that the provisions of this Agreement will not result in duplicative payment of any amount (including interest) required under this Agreement. It is also intended that the provisions of this Agreement will result in 85% of the Corporation’s Cumulative Net Realized Tax Benefit, and the Interest Amount thereon, being paid to the Members Partners pursuant to this Agreement. The provisions of this Agreement shall be construed in the appropriate manner to achieve so that these fundamental resultsresults are achieved.

Appears in 2 contracts

Samples: Tax Receivable Agreement (Athlon Energy Inc.), Tax Receivable Agreement (Athlon Energy Inc.)

No Duplicative Payments. It is intended that the above provisions of this Agreement will not result in duplicative payment of any amount (including interest) required under this Agreement. It is also intended that the provisions of this Agreement will result in provide that 85% of the CorporationCorporate Taxpayer’s Cumulative Net Realized Tax Benefit, Benefit and the Interest Amount thereon, being is paid to the Members Limited Partners pursuant to this Agreement. The provisions of this Agreement shall be construed in the appropriate manner to achieve these fundamental resultsas such intentions are realized.

Appears in 2 contracts

Samples: Tax Receivable Agreement (Blackstone Group Inc), Tax Receivable Agreement (Blackstone Group L.P.)

No Duplicative Payments. It is intended that the provisions of this Agreement will not result in duplicative payment of any amount (including interest) required under this Agreement. It is also intended that the provisions of this Agreement will result in 85% of the Corporation’s Cumulative Net Realized Tax BenefitBenefits of the Company Group, and the Interest Amount Ticker Amounts thereon, being paid to the Members Shareholder pursuant to this Agreement. The provisions of this Agreement shall be construed in the appropriate manner to achieve so that these fundamental resultsresults are achieved.

Appears in 2 contracts

Samples: Tax Receivable Agreement (Birkenstock Holding PLC), Tax Receivable Agreement (Birkenstock Holding LTD)

No Duplicative Payments. It is intended that the provisions of this Agreement will not result in duplicative payment of any amount (including interest) required under this Agreement. It is also intended that the provisions of this Agreement will result in 85% of the Corporation’s Cumulative Net Realized Tax Benefit, and the Interest Amount thereon, being paid to the Members pursuant to this Agreement. The provisions Agreement upon and subject to the satisfaction of this Agreement shall be construed in the appropriate manner to achieve these fundamental resultsPayment Conditions.

Appears in 2 contracts

Samples: Tax Receivable Agreement (Manning & Napier, Inc.), Tax Receivable Agreement (Manning & Napier, Inc.)

No Duplicative Payments. It is intended that the provisions of this Agreement will not result in duplicative payment of any amount (including interest) required under this Agreement. It is also intended that the provisions of this Agreement will result in 85% of the Corporation’s Cumulative Net Realized Tax Benefit, and the Interest Amount thereon, being paid to the Members pursuant to this Agreement. The provisions of this Agreement shall be construed and interpreted in accordance with such intention. It is intended that 85% of all Realized Tax Benefits for all Taxable Years (in addition to the appropriate manner Interest Amounts contemplated by this Agreement) be paid by the Corporation (subject to achieve these fundamental resultsthe provisions of ARTICLE IV).

Appears in 2 contracts

Samples: Income Tax Receivable Agreement (Surgery Partners, Inc.), Reorganization Agreement (Surgery Partners, Inc.)

No Duplicative Payments. It is intended that the provisions of this Agreement will not result in duplicative payment of any amount (including interest) required under this Agreement. It is also intended that the provisions of this Agreement will result in 8590% of the Corporation’s Cumulative Net Realized Tax Benefit, and the Interest Amount thereon, being paid to the Members pursuant to this Agreement. The provisions of this Agreement shall be construed in the appropriate manner to achieve so that these fundamental resultsresults are achieved.

Appears in 2 contracts

Samples: Tax Receivable Agreement (Genesis Healthcare, Inc.), Purchase and Contribution Agreement (Skilled Healthcare Group, Inc.)

No Duplicative Payments. It is intended that the provisions of this Agreement will not result in duplicative payment of any amount (including interest) required under this Agreement. It is also intended that the provisions of this Agreement will result in Agreement, apart from Section 3.1(c), provide that eighty-five percent (85% %) of the Corporation’s Cumulative Net Realized Tax Benefit, and the Interest Amount thereon, being Benefit with respect each Non-Holdings Member will be paid to the Members such Non-Holdings Member pursuant to this Agreement. The provisions of this Agreement shall be construed in the appropriate manner to achieve these fundamental resultsensure such intentions are realized.

Appears in 2 contracts

Samples: Tax Receivable Agreement (ZAIS Group Holdings, Inc.), Limited Liability Company Agreement (Hf2 Financial Management Inc.)

No Duplicative Payments. It is intended that the above provisions of this Agreement will not result in duplicative payment of any amount (including interest) required under this Agreement. It is also intended that the provisions of this Agreement will result in provide that 85% of the each Corporation’s Cumulative Net Realized Tax Benefit, Benefit and the Interest Amount thereon, being is paid to the Members Limited Partners pursuant to this Agreement. The provisions of this Agreement shall be construed in the appropriate manner to achieve these fundamental resultsas such intentions are realized.

Appears in 2 contracts

Samples: Tax Receivable Agreement (Oaktree Capital Group, LLC), Tax Receivable Agreement (Oaktree Capital Group, LLC)

No Duplicative Payments. It Notwithstanding anything in this Agreement to the contrary, it is intended that the provisions of this Agreement will not result in duplicative payment of any amount (including interest) required under this Agreement. It is also intended that the provisions of this Agreement will result in 85% of the Corporation’s Cumulative Net Realized Tax BenefitBenefit for each Exchange, and the Interest Amount thereon, being paid to the Applicable Members pursuant to this Agreement. The provisions of this Agreement shall be construed in the appropriate manner to achieve so that these fundamental resultsresults are achieved.

Appears in 2 contracts

Samples: Tax Receivable Agreement (Pennymac Financial Services, Inc.), Tax Receivable Agreement (Pennymac Financial Services, Inc.)

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No Duplicative Payments. It is intended that the provisions of this Agreement will not result in duplicative payment of any amount (including interest) required under this Agreement. It is also intended that the provisions of this Agreement will result in 85% of the CorporationCompany’s Cumulative Net Realized Tax Benefit, and the Interest Amount thereon, being paid to the Members Limited Partners pursuant to this Agreement. The provisions Agreement upon and subject to the satisfaction of this Agreement shall be construed in the appropriate manner to achieve these fundamental resultsPayment Conditions.

Appears in 2 contracts

Samples: Tax Receivable Agreement (Silvercrest Asset Management Group Inc.), Tax Receivable Agreement (Silvercrest Asset Management Group Inc.)

No Duplicative Payments. It is intended that the above provisions of this Agreement will not result in duplicative payment of any amount (including interest) required under this Agreement. It is also intended that the provisions of this Agreement will result in provide that 85% of the each Corporation’s Cumulative Net Realized Tax Benefit, Benefit and the Interest Amount thereon, being is paid to the Members TRA Holders pursuant to this Agreement. The provisions of this Agreement shall be construed in the appropriate manner to achieve these fundamental resultsso that such intentions are realized.

Appears in 2 contracts

Samples: Tax Receivable Agreement (Ares Management Lp), Form of Tax Receivable Agreement (Ares Management Lp)

No Duplicative Payments. It Notwithstanding anything in this Agreement to the contrary, it is intended that the provisions of this Agreement will not result in duplicative payment of any amount (including interest) required under this Agreement. It is also intended that the provisions of this Agreement will result in 85% of the Corporation’s Cumulative Net Realized Tax Benefit, and the Interest Amount thereon, being paid to the Members Limited Partners pursuant to this Agreement. The provisions of this Agreement shall be construed in the appropriate manner to achieve so that these fundamental resultsresults are achieved.

Appears in 1 contract

Samples: Tax Receivable Agreement (Silver Run Acquisition Corp II)

No Duplicative Payments. It is intended that the provisions of this Agreement will not result in duplicative payment of any amount (including interest) required under this Agreement. It is also intended that the provisions of this Agreement Agreement, subject to Article 4 and Section 7.14, will result in an amount equal to (i) 85% of the Corporation’s Cumulative Net Realized Tax Benefit, and Benefit less (ii) the Interest Amount thereon, Administrative Expense being paid to by the Members pursuant to this Agreement. The provisions of this Agreement shall be construed in the appropriate manner to achieve these fundamental resultsensure such intentions are realized.

Appears in 1 contract

Samples: Tax Receivable Agreement (Woodside Homes, Inc.)

No Duplicative Payments. It is intended that the provisions of this Agreement will not result in duplicative payment of any amount (including interest) required under this Agreement. It is also intended that the provisions of this Agreement will result in 85% of the Corporation’s Cumulative Net Realized Tax Benefit, and the Interest Amount thereon, being paid to the Members pursuant to this Agreement. The provisions of this Agreement shall be construed and interpreted in accordance with such intention. It is intended that 85% of all Realized Tax Benefits for all Taxable Years (in addition to the appropriate manner Interest Amounts contemplated by this Agreement) be paid by the Corporation (subject to achieve these fundamental results.the provisions of ARTICLE IV). ARTICLE IV

Appears in 1 contract

Samples: Income Tax Receivable Agreement

No Duplicative Payments. It is intended that the provisions of this Agreement will not result in duplicative payment of any amount (including interest) required under this Agreement. It is also intended that the provisions of this Agreement will result in 85% of the Corporation’s Cumulative Net Realized Tax Benefit, and the Interest Amount thereon, being paid to the Members Principals pursuant to this Agreement. The provisions of this Agreement shall be construed in the appropriate manner to achieve these fundamental resultsso that such intentions are realized.

Appears in 1 contract

Samples: Tax Receivable Agreement (Fifth Street Asset Management Inc.)

No Duplicative Payments. It is intended that the provisions of this Agreement will not result in duplicative payment of any amount (including interest) required under this Agreement. It is also intended that the provisions of this Agreement will result in 85% of the Corporation’s Cumulative Net Realized Tax Benefit, and the Interest Amount thereon, being paid to the Members Principals (including their Affiliates) pursuant to this Agreement. The provisions of this Agreement shall be construed in the appropriate manner to achieve these fundamental resultsso that such intentions are realized.

Appears in 1 contract

Samples: Tax Receivable Agreement (Fifth Street Asset Management Inc.)

No Duplicative Payments. It is intended that the provisions of this Agreement will not result in duplicative payment of any amount (including interest) required under this Agreement. It is also intended that the provisions of this Agreement will result in 85% of the Corporation’s Cumulative Net Realized Tax BenefitBenefits of the Company Group, and the Interest Amount Ticker Amounts thereon, being paid to the Members Shareholders pursuant to this Agreement and the Contribution Agreement. The provisions of this Agreement shall be construed in the appropriate manner to achieve so that these fundamental resultsresults are achieved.

Appears in 1 contract

Samples: Tax Receivable Agreement (Diversey Holdings, Ltd.)

No Duplicative Payments. It is intended that the above provisions of this Agreement will not result in duplicative payment of any amount (including interest) required under this Agreement. It is also intended that the provisions of this Agreement will result in provide that 85% of each of the CorporationCorporate Taxpayer’s Cumulative Net Realized Tax Benefit, Benefit and the Interest Amount thereon, being is paid to the Members Limited Partners pursuant to this Agreement. The provisions of this Agreement shall be construed in the appropriate manner to achieve these fundamental resultsas such intentions are realized.

Appears in 1 contract

Samples: Tax Receivable Agreement (Blackstone Group L.P.)

No Duplicative Payments. It is intended that the above provisions of this Agreement will not result in duplicative payment of any amount (including interest) required under this Agreement. It is also intended that the provisions of this Agreement will result in provide that 85% of the each Corporation’s Cumulative Net Realized Tax Benefit, Benefit and the Interest Amount thereon, being is paid to OCGH on behalf of the Members Limited Partners pursuant to this Agreement. The provisions of this Agreement shall be construed in the appropriate manner to achieve these fundamental resultsas such intentions are realized.

Appears in 1 contract

Samples: Tax Receivable Agreement (Oaktree Capital Group, LLC)

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