EFTA01076944Set 9
52p24,080w
Golden Gate Group and (vii) the amount of the bonuses described in Section 4.1(d) hereof
paid (or payable but accrued), and minus (b) without duplication and to the extent ... otherwise) of any outstanding securities, (b) any
distribution made by the Company pursuant to Sections 4.1(b) or (d) hereof, (c) any fees that are
required ... EBITDA exceeds $6,000,000.
"Excluded Tax Distribution" has the meaning set forth in Section 4.1(c).
"Exempt Transfer" means (i) a Transfer among the members of the Golden Gate
https://www.justice.gov/epstein/files/DataSet%209/EFTA01076944.pdf
EFTA01143418Set 9
2012-09-1056p15,098w
Schedule A
hereto.
(m) "New Securities" shall have the meaning set forth in Section 4.1(b)
hereof.
(n) "Preferred Stock" shall mean the Series A Preferred Stock and the
Series ... purchase its Pro Rata Share (as defined below) of New
Securities (as defined in Section 4.1(b)) which the Company may, from time to time, propose to
sell and issue ... upon the exercise of options under any
Company stock plan). For purposes of this Section 4.1, an Investor includes any general partner,
21
U804384085.6
EFTA01143441
managing member and affiliates (including
https://www.justice.gov/epstein/files/DataSet%209/EFTA01143418.pdf
EFTA00617557Set 9
78p41,041w
Section 3.6. No Other Capital Contributions 25
Article IV Allocations and Distributions 25
Section 4.1. Allocations of Net Profit and Net Loss 25
Section 4.2. Special Allocations 26
Section ... Partnership are contained only in this Article III.
ARTICLE IV
ALLOCATIONS AND DISTRIBUTIONS
Section 4.1. Allocations of Net Profit and Net Loss.
25
DAL:0105560/00001:23 I5087v2 DRAFT - Jeffery Epstein ... subject to Section 9.3), if, at the time of the allocation pursuant to this
Section 4.1(a) the Partnership were dissolved, its affairs wound up, and the Partnership sold
https://www.justice.gov/epstein/files/DataSet%209/EFTA00617557.pdf
EFTA01084769Set 9
78p41,041w
Section 3.6. No Other Capital Contributions 25
Article IV Allocations and Distributions 25
Section 4.1. Allocations of Net Profit and Net Loss 25
Section 4.2. Special Allocations 26
Section ... Partnership are contained only in this Article III.
ARTICLE IV
ALLOCATIONS AND DISTRIBUTIONS
Section 4.1. Allocations of Net Profit and Net Loss.
25
DAL:0105560/00001:23 I5087v2 DRAFT - Jeffery Epstein ... subject to Section 9.3), if, at the time of the allocation pursuant to this
Section 4.1(a) the Partnership were dissolved, its affairs wound up, and the Partnership sold
https://www.justice.gov/epstein/files/DataSet%209/EFTA01084769.pdf