Page 233 - Brook-Hollow Due Diligence Package

3. Assignee hereby assumes the Periodic Payment Liability of the Assignor. Addendum No. 1
a. The Periodic Payment Liability assumed by the Assignee is no greater Description of Periodic Payments
than that of the Assignor immediately preceding this agreement.
b. Assignee is not required to and will not set aside specific assets to secure One (1) payments as follows:
the Periodic Payment Liability.
4. Assignor hereby agrees to pay the Assignee such good and valuable consideration One lump sum payment of 100% of the fund measurement value on November 15, 2039.
as the parties shall agree on (“Payment”). Payment is set forth in Addendum 2 to Payments provided for in this section shall be payable in cash, however such payments may be made in
this Agreement. By virtue of the Payment and the Assignee’s assumption of the securities and/or non-publicly traded securities and/or non-publicly traded notes or debt instruments,
Periodic Payment Liability, the Assignor is released and discharged from any which are allowable investments under the Investment Policy Statements herein, to the extent such
further liability to the Assignee or the Payee with respect to the Periodic Payment investments are illiquid and no cash is available for distribution.
Claim and the Periodic Payment Liability. In the event that the Settlement
Agreement is declared terminated in a final, non-appealable order of a court of The “beginning fund measurement value” shall be the dollar amount set forth in section 2.2 of the
competent jurisdiction, this Agreement shall terminate. The Assignee shall then Fund Agreement adjusted to reflect any and all charges or expenses provided for explicitly in
assign ownership of any investment product or products (which will be Addendum No. 3 of this Agreement.
transferred at their then current market value(s)) purchased hereunder to the
Payee. Assignee’s liability for the Periodic Payments shall terminate. The “fund measurement value” is defined and set forth in Kenmare Assignment Company
5. Payee acknowledges that to the extent any payments under this assignment Limited Investment Performance Measurement Standard 2020XX0XXX effective September 1,
agreement include a variable payment amount based upon any sort of investment 2020, included as Addendum Number One to the Fund Agreement and as Addendum No. 5 to
this Assignment Agreement.
performance that Payee has not relied upon any advice from the Assignee or the
Assignor regarding such payments. Payee acknowledges that any such payment No Payee of any periodic payment provided for in this agreement:
amounts ARE NOT GUARANTEED and that Payee may not receive a portion
of, or all of such payments. Assignor is released and discharged from any further A. has any ownership interest in any investments, assets or funds of any sort or kind
liability to the Assignee or the Payee with respect to the Periodic Payment Claim referred to herein. Any and all references to investments, assets and/or funds are
and the Periodic Payment Liability including any payment amount(s) that are provided only for the purpose of measuring the amount of any such periodic
variable in nature and/or based upon investment performance of any manner payments.
or amount.
6. This agreement shall be binding upon the respective representatives, heirs, B. has received any sort of investment advice regarding any variable periodic
successors and assigns of the Payee, the Assignor, and the Assignee, and upon payments based upon the fund measurement value included herein.
any person or entity that may assert any right hereunder or to any of the Periodic
Payments. C. has relied upon nor is relying upon any representations or guarantees made by the
Assignee, its agents or assigns, or the Assignor with regards to this agreement and
payments other than as set out in writing in this agreement.
Assignor: Eastern Point Trust Company as Assignee: Kenmare Assignment Company
Fund Administrator f/b/o By:___________________________ Payee acknowledges that it has been advised to seek independent legal and tax counsel
XYZ Sample QSF Title___________________________ regarding this transaction. Payee acknowledges and understands that the Assignee,
Kenmare Assignment Company Limited, is an Irish Limited Company and that it has been
By: _________________________ advised to seek independent legal and tax counsel regarding any U.S. or Irish government
Title: ________________________ reporting requirements related to this transaction. Payee further acknowledges that there
may be future tax consequences to it as a result of entering into this transaction.

Payee: The Sample Law Firm, LLC Initials
Assignor: _____ Assignee: _____ Payee: _____
Signed: _________________________

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