Performance Allocation. (a) The Performance Allocation shall be debited against the Capital Account of each Participant (other than DME) as of the last day of each Performance Period with respect to such Participant, and the amount so debited shall be simultaneously credited to the Capital Account of DME.
(b) DME, in its sole discretion, may waive or reduce the Performance Allocation.
Performance Allocation. After giving effect to the special allocations set forth in Sections 5.2, 5.3, 5.4, 5.7, 5.9 and 5.10, Net Income and Net Loss shall be allocated in an amount equal to the Performance Allocation for the applicable year and for any prior distributed but unallocated Performance Allocation.
Performance Allocation. Twenty Percent (20%) of the Net Profits shall be distributed to the General Partner upon declaration of distributions made by the General Partner, as determined by the General Partner, in its sole discretion. LIMITED PARTNERSHIP AGREEMENT VELOCE CAP FUND 1 LP
Performance Allocation. (a) The Performance Allocation shall be debited against the Capital Account of each Participant (other than TP GP) and credited to the Capital Account of TP GP as of the last day of each Fiscal Year. If a Participant withdraws all or a portion of its Capital Account other than at the end of a Fiscal Year, the Performance Allocation accrued and attributable to the portion withdrawn will be debited against such Participant’s Capital Account and credited to TP GP’s Capital Account at the time of withdrawal.
(b) TP GP, in its sole discretion, may waive or reduce the Performance Allocation. TP GP and Third Point may elect, prior to the commencement of each Fiscal Year, to restructure the Performance Allocation as a performance fee to Third Point with the same terms as the Performance Allocation.
Performance Allocation. (a) The Performance Allocation shall be debited against the Capital Account of each Participant (other than TP GP) and credited to the Capital Account of TP GP as of the last day of each Fiscal Year. If a Participant withdraws all or a portion of its Capital Account other than at the end of a Fiscal Year, the Performance Allocation accrued and attributable to the portion withdrawn will be debited against such Participant’s Capital Account and credited to TP GP’s Capital Account at the time of withdrawal. For the avoidance of doubt, for purposes of this Section 3.8(a), to the extent that the Joint Venture holds any of a Participant’s assets in a Trust Account, increases or decreases of such assets held in a Trust Account shall not be included in the calculation of the Performance Allocation with respect to such Participant.
(b) TP GP, in its sole discretion, may waive or reduce the Performance Allocation. TP GP and Third Point may elect, prior to the commencement of each Fiscal Year, to restructure the Performance Allocation as a performance fee to Third Point with the same terms as the Performance Allocation.
(c) For the avoidance of doubt, notwithstanding the expiration of the original term of the Original Agreement, the amendment and restatement of the Original Agreement shall not be considered a withdrawal and contribution with respect to the determination of the Performance Allocation and Loss Recovery Account and the Loss Recovery Account shall not be adjusted on the Effective Date in connection with the amendment and restatement of the Original Agreement.
Performance Allocation. The Performance Allocation shall be determined as of the close of each Performance Period and shall be debited against the Capital Account of each Limited Partner as of the last day of each Performance Period with respect to such Limited Partner, and the amount so debited shall be simultaneously credited to the Capital Account of the General Partner.
Performance Allocation. Unicorn Capital Partners, LLC will share the profits of the Fund through a Performance Allocation at the end of the Fiscal Year (§ 1.7) or upon a Withdrawal (§ 4.4) or Redemption (§ 4.3). The Performance Allocation is determined by the performance (§ 6.12) attributed to the Limited Partner (§ 4.1) minus High Water Mark (§ 3.9) and Management Fee (§ 3.11) and determined by the Graduated 10% Hurdle Rate (§ 3.10). On the last day of the Fiscal Year (§ 1.7), or on a Withdrawal or Redemption, the Graduated 10% Hurdle Rate (§ 3.10) is applied to the annualized Performance of the Limited Partner (§ 6.13) minus the High Water Mark and Management Fee. The Performance Allocation charged and transferred is: Graduated 10% Hurdle Rate × 20% × (Performance − High Water Mark − Management Fee)
Performance Allocation. If as of the close of a Performance Allocation Date, a Unit’s NAV per Unit exceeds its High Water Mark (such excess, the “Net NAV Increase”), then such Unit shall be subject to a Performance Allocation as determined below. The Performance Allocation shall be (i) debited from the Capital Account of the Member in respect of which the Performance Allocation is made, and (ii) credited to the Capital Account of the Managing Member.
(i) With respect to each Unit, if the Net NAV Increase exceeds its Hurdle Amount, the Performance Allocation shall equal the lesser of (A) 10% of the Net NAV Increase above the Hurdle Amount, plus 10% of the Hurdle Amount, or (B) 50% of the amount by which the Net NAV Increase exceeds the Hurdle Amount. If a Performance Allocation cannot be fully made due to the limitation in clause (B), the shortfall may be assessed as additional Performance Allocation against such Unit in future periods (subject to clause (B)) when a Performance Allocation against such Unit is being made.
(ii) For purposes of the above, the following definitions apply:
Performance Allocation. 8.5.1. In the event a Limited Partner withdraws all or any part of its Capital Account in accordance with this Article 8, the Performance Allocation (if any) will be debited against the Capital Account of such withdrawing Limited Partner as of such withdrawal date, and the amount so debited will be credited simultaneously to the Capital Account of the General Partner.
8.5.2. The amount of Performance Allocation credited to the General Partner’s Capital Account shall be treated as a Capital Contribution by the General Partner to the Partnership for purposes of Article 7, including, without limitation, allocations of Net Profits and Net Losses and distributions of Net Proceeds.
Performance Allocation. (1) For so long as the Company operates as a partnership for Federal tax purposes, the Adviser shall have the right as provided by the Operating Agreement to serve as the Advisor of the Company and to receive in such capacity performance allocations in accordance with the terms of the Operating Agreement (the “Performance Allocation”) as further described in Appendix A to this Agreement.
(2) The Performance Allocation, if any, will be computed and credited to the capital account of the Advisor as provided by the Operating Agreement.
