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efta-efta01359122DOJ Data Set 10CorrespondenceEFTA Document EFTA01359122
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EXHIBIT B
REVISED SUPPLEMENT
The Managing Member will provide to each Non-Managing Member a separate
supplement (the "Revised Supplement") to the Third Amended and Restated Limited Liability
Company Agreement of the Company dated
, 2016, as may be amended from
time to time (the "Agreement"). Capitalized terms used in the Revised Supplement shall have
the meanings ascribed to such terms in the Agreement, unless otherwise defined therein. The
Revised Supplement will set forth terms and conditions relating to that particular Non-Managing
Member, including (but not limited to) the following:
Section 1.
Richter Points. The amount of Richter Points contributed to the
Company by such Executive and the amount of his sub-account established for Richter Points.
Section 2.
Equity Percentage. The Executive's Equity Percentage, if any.
Section 3.
Negative P&L. The Executive's Negative P&L, if any.
Section 4.
[Intentionally Omitted'
Section 5.
Compensation for 2009 and Prior Years. Terms and amounts for
any payments due to Executive for fiscal year 2009 and all previous years. [Payment Dates &
Vesting]
Section 6.
Additional Provisions. [Additional terms to be added as may be
determined from time to time by the Managing Member].
The Revised Supplement reflects actual allocations to the Non-Managing
Member's Capital Account and actual distributions to such Non-Managing Member as of
December 31n of the calendar year immediately preceding the year in which the Revised
Supplement is delivered by the Company. The Non-Managing Member agrees that (a) such
amounts are correct and (b) such allocations and distributions will be administered in accordance
with the Agreement.
The Revised Supplement also reflects projections (in the columns headed with the term
"Projected") of possible future allocations and distributions to the Non-Managing Member. Such
projections are for illustrative purposes only and shall not be deemed to be, or construed as, a
representation or covenant that the Company will have such projected income or make such
projected allocations or distributions reflected in the lines titled "Annual Liquidity," "Tax
Distributions" or "Management Draw." The projections include assumptions as to important
factors and considerations in determining the Company's allocations and distributions to such
Non-Managing Member. including, without limitation, assumptions concerning (i) the rate of
return Funds will earn, (ii) the period in which Funds liquidate investments and make
distributions to their investors, (iii) assumptions concerning the Firm's success in raising new
Funds and (iv) assumptions concerning how General Points and Desk Points will be allocated
among the Non-Managing Members therein including the Non-Managing Member. All such
DOC ID - 25061468.12
CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e)
DB-SDNY-0047128
CONFIDENTIAL
SDNY_GM_00 193312
EFTA01359122
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