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Addendum No. 4
Addendum No. 5
Variable Payment(s) Disclosure
Kenmare Assignment Company Limited
Payee acknowledges and agrees that the periodic payments payable under this Investment Performance Measurement Standard 2020XX0XX
Assignment Agreement and as set forth in Paragraph 1 of Addendum No. 1, are variable Effective September 1, 2020
in amount and calculated according to the investment performance measurement standard
and fund measurement value set forth in the Fund Agreement.
I. This investment performance measurement standard is an objective means for
measuring the investment performance of a professionally managed investment
___________________________________________________________ portfolio according to the parameters set forth herein. The specific parameters are
The Sample Law Firm, LLC Date contained in and set forth with specificity in the investment policy, which is
appended hereto as Addendum Number One.
II. The “beginning fund measurement value” is the dollar amount set forth in section
2.2 of the Fund Agreement to which this Standard is a part, and in the event the
future payment obligation(s) referred to in Section 2.1 are assigned to Kenmare
Assignment Company Limited, then such amount shall be, for beginning fund
measurement purposes, adjusted to reflect any and all charges, expenses or
commissions provided for explicitly in Addendum Number 3 of the Assignment
Agreement (i.e., the “applicable adjustment amount” therein referenced)
effectuating such an assignment.
III. The “fund measurement value” is that amount that a professionally managed
investment fund comprised of the assets allowed for in and managed in
conformity with the investment policy, attached hereto as Addendum Number 1,
would be valued at on any specific date. The amount of each periodic payment
provided for in section 2.1 of the Fund Agreement is based upon the fund
measurement value.
IV. The “fund measurement value” shall be calculated as follows:
a. The initial fund measurement value shall equal the “beginning fund
measurement value.”
b. The fund measurement value shall be increased and decreased (valued at
close of market price on the date of measurement for publicly traded
investments or investments for which publicly published prices exist)
periodically pursuant to performance of an individual investment vehicle
or pool of investment vehicles that would comprise an account invested
pursuant to the investment guidelines set forth in Attachment Number One
hereto (the Investment Policy) and additionally as if such investment or
pool of investments was invested by and professionally managed by the
investment manager referenced in the investment policy contained in
Addendum Number One or an investment manager with substantially
similar skills, experience and expertise.
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