Common use of Target Allocations Clause in Contracts

Target Allocations. Effective commencing with the 2018 Fiscal Year and each Fiscal Year thereafter during the Term and thereafter and subject to Sections 2(c) and 2(d), the Current Cash Percentage, the DCI Percentage and the Unit Percentage of the Variable Distribution for each such Fiscal Year shall be determined by the Compensation Committee, such that the percentages of the Total Annual Amount for each such Fiscal Year represented by Current Cash (including Quarterly Payments), Deferred Cash Interests and the Annual RSU Award shall be as set forth below (the “Target Allocation Percentages”), or as close to such Target Allocation Percentages as possible; provided, that Current Cash (including Quarterly Payments) shall not represent less than 75% of the Total Annual Amount for any such Fiscal Year, unless, in respect of any such Fiscal Year, Och-Ziff adopts a uniform system of break points for high earners applicable to all active executive managing directors whereby the Target Allocation Percentages are changed above such break points, which system shall be subject to approval by the Compensation Committee and the Chief Executive Officer of Och-Ziff; provided, further, that, in determining the form of compensation payable in respect of the Total Annual Amount for any such Fiscal Year, in no event shall any changes be made to the percentages of the form of compensation payable in respect of (A) the Guaranteed 2018 Amount as determined pursuant to Section 2(c)(ii) or (B) the Guaranteed Amount for the 2019 Fiscal Year and each Fiscal Year thereafter during the Term as determined pursuant to Section 2(c)(iii): Current Cash (including Quarterly Payments) 75 % Deferred Cash Interests and/or Annual RSU Award 25 %

Appears in 1 contract

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

Target Allocations. Effective commencing with the 2018 Fiscal Year and each Fiscal Year thereafter during the Term and thereafter and subject to Sections Section 2(c) and 2(d), the Current Cash Percentage, the DCI Percentage and the Unit Percentage of the Variable Distribution Performance Award Amount for each such Fiscal Year shall be determined by the Compensation Committee, such that the percentages of the Total Annual Amount for each such Fiscal Year represented by Current Cash (including Quarterly Payments), Deferred Cash Interests and the Annual RSU Award shall be as set forth below (the “Target Allocation Percentages”), or as close to such Target Allocation Percentages as possible; provided, that Current Cash (including Quarterly Payments) shall not represent less than 75% of the Total Annual Amount for any such Fiscal Year, unless, in respect of any such Fiscal Year, Och-Ziff adopts a uniform system of break points for high earners applicable to all active executive managing directors whereby the Target Allocation Percentages are changed above such break points, which system shall be subject to approval by the Compensation Committee and the Chief Executive Officer of Och-Ziff; provided, further, that, in determining the form of compensation payable in respect of the Total Annual Amount for any such Fiscal Year, in no event shall any changes be made to the percentages of the form of compensation payable in respect of (A) the Guaranteed 2018 Minimum Annual Amount for each such Fiscal Year as determined pursuant to Section 2(c)(ii) or (B) the Guaranteed Amount for the 2019 Fiscal Year and each Fiscal Year thereafter during the Term as determined pursuant to Section 2(c)(iii2(c): Current Cash (including Quarterly Payments) 75 % Deferred Cash Interests and/or Annual RSU Award 25 %% 4. Guaranteed Minimum Performance Award Amount. Section 2(c) of each of the Partner Agreements is hereby amended by: (i) Substituting the amount “$2,000,000” for the amount “$1,831,043.96” where such latter amount appears in such Section 2(c); (ii) Substituting the phrase “commencing with the 2019 Fiscal Year and each Fiscal Year thereafter during the Term and thereafter” for the phrase “each of Fiscal Years 2019 and 2020” where such latter phrase appears in the first sentence of such Section 2(c); and (iii) Substituting the following for the second sentence in such Section 2(c): “Unless otherwise determined in the sole discretion of the Chief Executive Officer, the portions of the Performance Award Amount in respect of any Minimum Annual Amount shall be distributed in the form of (i) Current Cash, representing 75% of the Minimum Annual Amount, and (ii) Deferred Cash Interests and an Annual RSU Award, representing in the aggregate 25% of the Minimum Annual Amount, with the actual percentage for each of the Deferred Cash Interests and Annual RSU Award to be determined in the sole discretion of the Compensation Committee and the Chief Executive Officer.”

Appears in 1 contract

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