Manager’s Fees or Other Compensation. 5.1 Expense Reimbursement In addition to the Cash Distributions described in Article 4, the Manager, its members or their Affiliates may earn additional compensation in the form of Fees, commissions, reimbursements, interest or other compensation as further described in the Table in 5.2 below. Such compensation will be paid as an expense of the Company prior to determining Distributable Cash. Manager’s Fees are authorized in Article 5.2 of this Agreement. The Manager reserves the right to defer collection of any compensation from the time it is earned until sufficient cash is available, without forfeiting any right to collect, although the Manager may earn interest on any deferred compensation at the discretion of the Manager. The maximum amount of compensation the Manager may receive cannot be determined at this time. 5.2 Fees Paid to Manager and/or Third Parties The Manager and/or third parties may earn Fees for services they provide on behalf of the Company as further described below. All Fees will be paid as an expense of the Company prior to determining Distributable Cash (as described in Article 4 above). Acquisition Fee Fees charged to the Company as Properties are acquired 1.0% of the purchase price of the individual property. These fees are difficult to determine at this time. Disposition Fee Fees charged to the Company as Properties are disposed of 1.0% of the sales price of the individual property. These fees are difficult to determine at this time. Asset Management Fee Fees charged to the Company for management of its investments During the first three (3) years, the Manager or its designated affiliate(s) will earn an asset management fee equal to 1% of the total aggregate capital commitments. Thereafter, the Manager or its designated affiliate(s) will earn an asset management fee of 1% of the total Capital Contributions (less the allocable portion of Capital Contributions allocated to any Fund Asset subject to a Capital Transaction (from a disposition of a Property only)) until such time as the Fund is liquidated. For the avoidance of doubt, the first day of the month following the day on which a Capital Transaction (from a disposition of Property only) occurs Management Fee will be calculated based on the total Capital Contributions less the allocable portion of capital attributable to the Capital Transaction (from a disposition of Property only). The Asset Management Fee shall be paid no more frequently than monthly, at the sole discretion of the Manager. It is anticipated that these costs will be paid from cash generated from operations. Carried Interest Class B Interest 35% profits interest and 35% of Distributable Cash.
Appears in 2 contracts
Sources: Operating Agreement (Cardone Equity Fund IX, LLC), Operating Agreement (Cardone Equity Fund IX, LLC)
Manager’s Fees or Other Compensation. 5.1 Expense Reimbursement In addition to the Cash Distributions described in Article 4, the Manager, its members or their Affiliates may earn additional compensation in the form of Fees, commissions, reimbursements, interest or other compensation as further described in the Table in 5.2 below. Such compensation will be paid as an expense of the Company prior to determining Distributable Cash. Manager’s Fees are authorized in Article 5.2 of this Agreement. The Manager reserves the right to defer collection of any compensation from the time it is earned until sufficient cash is available, without forfeiting any right to collect, although the Manager may earn interest on any deferred compensation at the discretion of the Manager. The maximum amount of compensation the Manager may receive cannot be determined at this time.
5.2 Fees Paid to Manager and/or Third Parties The Manager and/or third parties may earn Fees for services they provide on behalf of the Company as further described below. All Fees will be paid as an expense of the Company prior to determining Distributable Cash (as described in Article 4 above). Acquisition Fee Fees charged to the Company as Properties are acquired 1.02.0% of the purchase price of the individual property. These fees are difficult to determine at this time. Disposition Fee Fees charged to the Company as Properties are disposed of 1.01.5% of the sales price of the individual property. These fees are difficult to determine at this time. Asset Management Fee Fees charged to the Company for management of its investments During 2.0% of the first three (3) yearsgross income of the assets held by the Company, whether they are notes or properties. The total amount of fees that the Manager or may receive cannot be determined at this time. This fee may be paid monthly. Construction Management Fee Fees charged to the Company for management of repairs. rehabilitation, and construction of its designated affiliate(s) will earn an asset management fee equal to 1investments. 6% of the total aggregate capital commitments. Thereaftercosts of repairs, the Manager or its designated affiliate(s) will earn an asset management fee of 1% rehabilitation, and construction of the total Capital Contributions (less the allocable portion of Capital Contributions allocated to any Fund Asset subject to a Capital Transaction (from a disposition of a Property only)) until such time as the Fund is liquidated. For the avoidance of doubt, the first day of the month following the day on which a Capital Transaction (from a disposition of Property only) occurs Management Fee will be calculated based on the total Capital Contributions less the allocable portion of capital attributable to the Capital Transaction (from a disposition of Property only). The Asset Management Fee shall be paid no more frequently than monthly, at the sole discretion of the Manager. It is anticipated that these costs will be paid from cash generated from operations. Carried Interest Class B Interest 35% profits interest and 35% of Distributable Cashindividual property.
Appears in 2 contracts
Sources: Operating Agreement (HIS Capital Fund III, LLC), Operating Agreement (HIS Capital Fund III, LLC)
Manager’s Fees or Other Compensation. 5.1 Expense Reimbursement In addition to the Cash Distributions described in Article 4, the Manager, its members or their Affiliates may earn additional compensation in the form of Fees, commissions, reimbursements, interest or other compensation as further described in the Table in 5.2 below. Such compensation will be paid as an expense of the Company prior to determining Distributable Cash. Manager’s Fees are authorized in Article 5.2 of this Agreement. The Manager reserves the right to defer collection of any compensation from the time it is earned until sufficient cash is available, without forfeiting any right to collect, although the Manager may earn interest on any deferred compensation at the discretion of the Manager. The maximum amount of compensation the Manager may receive cannot be determined at this time.
5.2 Fees Paid to Manager and/or Third Parties The Manager and/or third parties may earn Fees for services they provide on behalf of the Company as further described below. All Fees will be paid as an expense of the Company prior to determining Distributable Cash (as described in Article 4 above). Acquisition Fee Fees charged to the Company as Properties are acquired 1.01.5% of the purchase price of the individual property including leverage. Although these fees are difficult to determine at this time, the fee may be as much as $4,443,511 if the Company were to raise the maximum amount of the Offering. Fund Management Fee Annual Fee charged to the Company for the operation of the Company by the Manager. The fund management fee is 2.0% per year, and is initially based on committed equity. As equity is invested, it is based on invested equity, and the fee charged to committed equity is reduced proportionately. Although these fees are difficult to determine at this time, the fee may be as much as $ $1,500,000 if the Company were to raise the maximum amount of the Offering. Upfront Fee One-time fee to cover setup costs of the Fund The upfront fee is 2.0% of total equity raised. This may be as much as $1,500,000. These costs assume the costs related with completing this Form 1A as well as those costs related to the services of a transfer agent, listing fees, our interim financial statements, increases in costs related to investor relations and other administrative costs as the fund grows in size, and our legal costs. This fee is not meant to enrich the Manager, but rather to cover actual costs incurred by the Company. Administration Fee Annual Fee charged for ongoing administration and operation of the Company. 0.5% of the invested equity. In other words, the equity invested into a particular property. Although these fees are difficult to determine at this time, the fee may be as much as $375,000 if the Company were to raise the maximum amount of the Offering. This will be paid from the cash generated from the Company’s operations and is not expected to be derived from Member investment. Loan Guaranty Fee Fee paid to individual or Manager that provide personal guarantees for loans secured by Company Properties. This fee may be paid to individuals of the Manager or the Manager. 1.0% of the total loan paid upon loan closing. These fees are difficult to determine at this time. Disposition Fee Fees charged to the Company as Properties are disposed of 1.0% of the sales price of the individual property. These fees are difficult to determine at this time. Asset Management Fee Fees charged to the Company for management of its investments During the first three (3) years, the Manager or its designated affiliate(s) will earn an asset management fee equal to 1% of the total aggregate capital commitments. Thereafter, the Manager or its designated affiliate(s) will earn an asset management fee of 1% of the total Capital Contributions (less the allocable portion of Capital Contributions allocated to any Fund Asset subject to a Capital Transaction (from a disposition of a Property only)) until such time as the Fund is liquidated. For the avoidance of doubt, the first day of the month following the day on which a Capital Transaction (from a disposition of Property only) occurs Management Fee will be calculated based on the total Capital Contributions less the allocable portion of capital attributable to the Capital Transaction (from a disposition of Property only). The Asset Management Fee shall be paid no more frequently than monthly, at the sole discretion of the Manager. It is anticipated that these costs will be paid from cash generated from operations. Carried Interest Class B Interest 35% profits interest and 35% of Distributable Cash.
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Manager’s Fees or Other Compensation. 5.1 Expense Reimbursement In addition to the Cash Distributions described in Article 4, the Manager, its members or their Affiliates may earn additional compensation in the form of Fees, commissions, reimbursements, interest or other compensation as further described in the Table in 5.2 below. Such compensation will be paid as an expense of the Company prior to determining Distributable Cash. Manager’s Fees are authorized in Article 5.2 of this Agreement. The Manager reserves the right to defer collection of any compensation from the time it is earned until sufficient cash is available, without forfeiting any right to collect, although the Manager may earn interest on any deferred compensation at the discretion of the Managercompensation. The maximum amount of compensation the Manager may receive cannot be determined at this time.
5.2 Fees Paid to Manager and/or Third Parties The Manager and/or third parties may earn Fees for services they provide on behalf of the Company as further described below. All Fees will be paid as an expense of the Company prior to determining Distributable Cash (as described in Article 4 above). Acquisition Fee Fees charged to the Company as Properties are acquired 1.0% of the purchase price of the individual property. These fees are difficult to determine at this time. Disposition Fee Fees charged to the Company as Properties are disposed of 1.0% of the sales price of the individual property. These fees are difficult to determine at this time. Asset Management Fee Fee: Fees charged to the Company for management of its investments During the first three (3) years, the Manager or its designated affiliate(s) will earn an asset management fee equal to 1investments. 1.0% of the total aggregate capital commitmentscontributions as adjusted from time to time for capital withdrawals, distributions, additional contributions, allocations and other capital account adjustments, paid monthly. ThereafterAssuming we raise the Minimum Amount of $100,000, the Manager or its designated affiliate(s) will earn an asset management would receive a fee of 1% $1,000. If the Company were to raise the Maximum Amount of $50,000,000, this fee could be as much as $500,000. Company Management Fee: Fees charged to the Company for management of the total Capital Contributions (less Company. Profit sharing of all Distributable Cash that is available after the allocable portion of Capital Contributions allocated Members have received their stated Preferred Return. Distribution accomplished via distribution to any Fund Asset subject to a Capital Transaction (from a disposition of a Property only)) until such time as the Fund is liquidated. For the avoidance of doubt, the first day of the month following the day on which a Capital Transaction (from a disposition of Property only) occurs Management Fee will be calculated based on the total Capital Contributions less the allocable portion of capital attributable to the Capital Transaction (from a disposition of Property only). The Asset Management Fee shall be paid no more frequently than monthly, at the sole discretion of the Manager. It is anticipated that these costs will be paid from cash generated from operations. Carried Interest Class B Interest 35% profits interest and 35% of Distributable CashM Members.
Appears in 1 contract
Sources: Limited Liability Company Agreement (Mission First Capital LLC)
Manager’s Fees or Other Compensation. 5.1 Expense Reimbursement In addition to the Cash Distributions described in Article 4, the Manager, its members or their Affiliates may earn additional compensation in the form of Fees, commissions, reimbursements, interest or other compensation as further described in the Table in 5.2 below. Such compensation will be paid as an expense of the Company prior to determining Distributable Cash. Manager’s Fees are authorized in Article 5.2 of this Agreement. The Manager reserves the right to defer collection of any compensation from the time it is earned until sufficient cash is available, without forfeiting any right to collect, although the Manager may earn interest on any deferred compensation at the discretion of the Manager. The maximum amount of compensation the Manager may receive cannot be determined at this time.
5.2 Fees Paid to Manager and/or Third Parties The Manager and/or third parties may earn Fees for services they provide on behalf of the Company as further described below. All Fees will be paid as an expense of the Company prior to determining Distributable Cash (as described in Article 4 above). Acquisition Fee Fees charged to the Company as Properties are acquired 1.02.0% of the purchase price of the individual property. These fees are difficult to determine at this time. Disposition Fee Fees charged to the Company as Properties are disposed of 1.02.0% of the sales price of the individual property. These fees are difficult to determine at this time. Asset Management Fee Fees charged to the Company for management of its investments During 2.0% of the first three (3) yearsgross income of the assets held by the Company, whether they are notes or properties. The total amount of fees that the Manager or may receive cannot be determined at this time. This fee may be paid monthly. Construction Management Fee Fees charged to the Company for management of repairs. rehabilitation, and construction of its designated affiliate(s) will earn an asset management fee equal to 1investments. 6% of the total aggregate capital commitments. Thereaftercosts of repairs, the Manager or its designated affiliate(s) will earn an asset management fee of 1% rehabilitation, and construction of the total Capital Contributions (less the allocable portion of Capital Contributions allocated to any Fund Asset subject to a Capital Transaction (from a disposition of a Property only)) until such time as the Fund is liquidated. For the avoidance of doubt, the first day of the month following the day on which a Capital Transaction (from a disposition of Property only) occurs Management Fee will be calculated based on the total Capital Contributions less the allocable portion of capital attributable to the Capital Transaction (from a disposition of Property only). The Asset Management Fee shall be paid no more frequently than monthly, at the sole discretion of the Manager. It is anticipated that these costs will be paid from cash generated from operations. Carried Interest Class B Interest 35% profits interest and 35% of Distributable Cashindividual property.
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Manager’s Fees or Other Compensation. 5.1 Expense Reimbursement In addition to the Cash Distributions described in Article 4, the Manager, its members or their Affiliates may earn additional compensation in the form of Fees, commissions, reimbursements, interest or other compensation as further described in the Table in 5.2 below. Such compensation will be paid as an expense of the Company prior to determining Distributable Cash. Manager’s Fees are authorized in Article 5.2 of this Agreement. The Manager reserves the right to defer collection of any compensation from the time it is earned until sufficient cash is available, without forfeiting any right to collect, although the Manager may earn interest on any deferred compensation at the discretion of the Manager. The maximum amount of compensation the Manager may receive cannot be determined at this time.
5.2 Fees Paid to Manager and/or Third Parties The Manager and/or third parties may earn Fees for services they provide on behalf of the Company as further described below. All Fees will be paid as an expense of the Company prior to determining Distributable Cash (as described in Article 4 above). Acquisition Fee Fees charged to the Company as Properties are acquired 1.0% of the purchase price of the individual property. These fees are difficult to determine at this time. Fund Management Fee Fees charged to the Company as capital is placed. The fund management fee is 1.5% per year, based on committed equity. This is used to pay our acquisition and asset management team, accounting group, investor reporting, office rent and administrative staff. Disposition Fee Fees charged to the Company as Properties are disposed of 1.0% of the sales price of the individual property. These fees are difficult to determine at this time. Asset Construction Management Fee Fees charged to the Company for construction and rehab management as construction is carried out on the Properties 6.0% of its investments During the first three (3) years, construction costs associated with an individual Property. Paid as incurred. These fees are difficult to determine at this time. Loan Guaranty Fee Fee paid to individual or Manager that provide personal guarantees for loans secured by Company Properties. This fee may be paid to individuals of the Manager or its designated affiliate(s) will earn an asset management fee equal to 1the Manager. 1.0% of the total aggregate capital commitmentsloan paid upon loan closing. ThereafterThese fees are difficult to determine at this time. Property Management Fee Fees charged to the individual Properties, the Manager or its designated affiliate(s) will earn based on their revenue, for their individual management. This fee may be paid to an asset management fee of 1unrelated third-party. 4% of the total Capital Contributions (less the allocable portion of Capital Contributions allocated to any Fund Asset subject to a Capital Transaction (from a disposition gross revenues of a Property only)) until such time as the Fund is liquidatedProperty, paid monthly. For the avoidance of doubt, the first day of the month following the day on which a Capital Transaction (from a disposition of Property only) occurs Management Fee will be calculated based on the total Capital Contributions less the allocable portion of capital attributable These fees are difficult to the Capital Transaction (from a disposition of Property only). The Asset Management Fee shall be paid no more frequently than monthly, determine at the sole discretion of the Manager. It is anticipated that these costs will be paid from cash generated from operations. Carried Interest Class B Interest 35% profits interest and 35% of Distributable Cashthis time.
Appears in 1 contract
Manager’s Fees or Other Compensation. 5.1 Expense Reimbursement In addition to the Cash Distributions described in Article 4, the Manager, its members or their Affiliates may earn additional compensation in the form of Fees, commissions, reimbursements, interest or other compensation as further described in the Table in 5.2 below. Such compensation will be paid as an expense of the Company prior to determining Distributable Cash. Manager’s Fees are authorized in Article 5.2 of this Agreement. The Manager reserves the right to defer collection of any compensation from the time it is earned until sufficient cash is available, without forfeiting any right to collect, although the Manager may earn interest on any deferred compensation at the discretion of the Manager. The maximum amount of compensation the Manager may receive cannot be determined at this time.
5.2 Fees Paid to Manager and/or Third Parties The Manager and/or third parties may earn Fees for services they provide on behalf of the Company as further described below. All Fees will be paid as an expense of the Company prior to determining Distributable Cash (as described in Article 4 above). Acquisition Fee Fees charged to the Company as Properties are acquired 1.01.5% of the purchase price of the individual property including leverage. Although these fees are difficult to determine at this time, the fee may be as much as $3,043,831 if the Company were to raise the maximum amount of the Offering. Fund Management Fee Annual Fee charged to the Company for the operation of the Company by the Manager. The fund management fee is 2.0% per year, and is initially based on committed equity. As equity is invested, it is based on invested equity, and the fee charged to committed equity is reduced proportionately. Although these fees are difficult to determine at this time, the fee may be as much as $ $1,000,000 if the Company were to raise the maximum amount of the Offering. Upfront Fee One-time fee to cover setup costs of the Fund The upfront fee is 2.0% of total equity raised. This may be as much as $1,000,000. These costs assume the costs related with completing this Form 1A as well as those costs related to the services of a transfer agent, listing fees, our interim financial statements, increases in costs related to investor relations and other administrative costs as the fund grows in size, and our legal costs. This fee is not meant to enrich the Manager, but rather to cover actual costs incurred by the Company. Administration Fee Annual Fee charged for ongoing administration and operation of the Company. 0.5% of the invested equity. In other words, the equity invested into a particular property. Although these fees are difficult to determine at this time, the fee may be as much as $250,000 if the Company were to raise the maximum amount of the Offering. This will be paid from the cash generated from the Company’s operations and is not expected to be derived from Member investment. Loan Guaranty Fee Fee paid to individual or Manager that provide personal guarantees for loans secured by Company Properties. This fee may be paid to individuals of the Manager or the Manager. 1.0% of the total loan paid upon loan closing. These fees are difficult to determine at this time. Disposition Fee Fees charged to the Company as Properties are disposed of 1.0% of the sales price of the individual property. These fees are difficult to determine at this time. Asset Management Fee Fees charged to the Company for management of its investments During the first three (3) years, the Manager or its designated affiliate(s) will earn an asset management fee equal to 1% of the total aggregate capital commitments. Thereafter, the Manager or its designated affiliate(s) will earn an asset management fee of 1% of the total Capital Contributions (less the allocable portion of Capital Contributions allocated to any Fund Asset subject to a Capital Transaction (from a disposition of a Property only)) until such time as the Fund is liquidated. For the avoidance of doubt, the first day of the month following the day on which a Capital Transaction (from a disposition of Property only) occurs Management Fee will be calculated based on the total Capital Contributions less the allocable portion of capital attributable to the Capital Transaction (from a disposition of Property only). The Asset Management Fee shall be paid no more frequently than monthly, at the sole discretion of the Manager. It is anticipated that these costs will be paid from cash generated from operations. Carried Interest Class B Interest 35% profits interest and 35% of Distributable Cash.
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