Managing Member receiving
higher or lower allocations and distributions than projected in the Revised Supplement.
The Revised Supplement shall supersede all prior Revised Supplements, which
shall be null and void ... accordance with the Agreement, including, without limitation, Sections
6h(i) and (ii) thereof, the Revised Supplement (other than the projections) shall be binding upon
the Non-Managing Member ... permitted in accordance with the Agreement, its
assigns. Except as specifically provided in the Revised Supplement, the Revised Supplement
shall not otherwise affect any of the terms of the Agreement
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Agreement, including each Non-Managing Member's Revised Supplement, supersedes all prior
agreements and arrangements, whether written or oral, relating to such Non-Managing Member's
compensation from the Firm ... subsequent
years. Except as expressly set forth in a Member's Revised Supplement, all contracts and
arrangements relating to compensation for 2010 and all subsequent years for Non-Managing
Members ... prior years for Non-Managing Members shall be set forth in
each Member's Revised Supplement. The Managing Member may at any time admit one or
more new Members, under
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EFTA01359072Set 10
2010-12-311p359w
reflect Negative P&L as
reflected in such Non-Managing Member's Revised Supplement as adjusted pursuant to section
10c and (Z) as of December 31, 2010, to reflect allocations ... payments for fiscal year 2010
(which also are set forth in each Member's Revised Supplement). Commencing January 1, 2011,
each Capital Account shall subsequently be (i) increased or decreased ... sole discretion and shall
be set forth as necessary in the Members' Revised Supplements. At the end of each fiscal year,
DOC ED • 25061468.12 35
CONFIDENTIAL - PURSUANT
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Member. When such allocations of rights to Equity Payments are made, each
Member's Revised Supplement will be revised to reflect such allocation, which will include a
schedule reflecting when ... upon death, Permanent Disability, Retirement or as otherwise set forth in such
Member's Revised Supplement provided that, in the case of a Retirement or with respect to
vested Equity
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01359094.pdf