Common use of Comparable Position Clause in Contracts

Comparable Position. (i) Notwithstanding the foregoing, if the Limited Partner is not offered a Comparable Position (as defined in Section 4(e)(ii) below) in writing upon the occurrence of such Change of Control, then (A) an additional 25% of the total then-unvested Incentive D Units shall become conditionally vested on the Change of Control Date and participate in such Change of Control in accordance with Section 4(b)(i) (and shall not be treated as COC Incentive D Units for purposes of this Agreement), and the remaining 25% of the total then-unvested Incentive D Units shall be forfeited, and (B) 100% of the Incentive P Units shall become conditionally vested on the Change of Control Date and shall participate in the Change of Control in accordance with Section 4(c)(i) (with no Incentive P Units being treated as COC Incentive P Units for purposes of this Agreement).

Appears in 3 contracts

Sources: Partner Agreement (Och-Ziff Capital Management Group LLC), Partner Agreement (Och-Ziff Capital Management Group LLC), Partner Agreement (Och-Ziff Capital Management Group LLC)

Comparable Position. (i) Notwithstanding the foregoing, if the Limited Partner is not offered a Comparable Position (as defined in Section 4(e)(ii) below) in writing upon the occurrence of such Change of Control, then (A) an additional 25100% of the total then-unvested Incentive D Units shall become conditionally vested on the Change of Control Date and participate in such Change of Control in accordance with Section 4(b)(i) (and shall not be with no Incentive D Units being treated as COC Incentive D Units for purposes of this Agreement), and the remaining 25% of the total then-unvested Incentive D Units shall be forfeited, ) and (B) 100% of the Incentive P Units shall become conditionally vested on the Change of Control Date and shall participate in the Change of Control in accordance with Section 4(c)(i) (with no Incentive P Units being treated as COC Incentive P Units for purposes of this Agreement).

Appears in 3 contracts

Sources: Partner Agreement (Och-Ziff Capital Management Group LLC), Partner Agreement (Och-Ziff Capital Management Group LLC), Partner Agreement (Och-Ziff Capital Management Group LLC)