Examples of Clawback Obligation in a sentence
The foregoing is not intended to affect the sharing and allocation of any expense related to a Clawback Obligation or other expenses charged generally to participants in the Carried Interest.
This Claw-back Obligation which the parties negotiated demonstrates that they anticipated there was the potential risk that BLMIS or Broad Market Fund could end up in bankruptcy and that Fortis Fund Bank could conceivably be sued in a claw-back action just like this very one to recover funds Defendants received in connection with its investment in Broad Market Fund.
The exchange-rate quotes corresponding to the orders in the bank’s record book are from Reuters.
For clarity, the General Partner’s discretion is limited to accelerating the date for payment of the Clawback Obligation to a date that is earlier than the Fund’s dissolution; this discretion does not extend to adjusting the amount of the Clawback Obligation or deferring any payment to a date following the dissolution of the Fund.
General Partner Clawback Obligation: Upon the liquidation of the Fund, the General Partner will be required to restore funds to the Partnership to the extent that it has received cumulative distributions in excess of amounts otherwise distributable to its pursuant to the distribution formula set forth above, applied on an aggregate basis covering all Partnership investments, but no event more than the cumulative distributions received by the General Partner solely in respect of its carried interest.