Page 236 - Brook-Hollow Due Diligence Package
P. 236

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.



                                                         Page 6 of 18                                                                                                              Page 7 of 18
   231   232   233   234   235   236   237   238   239   240   241