EFTA01083794Set 9
2015-07-13127p67,340w
Prokopiou, and
members of his family. Unless otherwise indicated, references in this prospectus to "unitholders" refer to
common unitholders and Series A Preferred unitholders, and references to "units" refer ... intended to give any assurance as to future results. As a result, unitholders are cautioned
not to rely on any forward-looking statements.
Forward-looking statements appear in a number ... agreement with our Manager;
• the anticipated taxation of our Partnership and distributions to our unitholders;
• estimated future maintenance and replacement capital expenditures;
• our ability to retain key employees;
• charterers' increasing
https://www.justice.gov/epstein/files/DataSet%209/EFTA01083794.pdf
EFTA01382448Set 10
2020-01-301p586w
assets, the same distribution terms will apply after payment to creditors. The NAI unitholders are entitled to
allocations of profits and losses derived from NAI for each fiscal period ... aggregate distributions of $2,308.6 million, cash
distributions of Safeway will be made to unitholders pro rata in proportion to the number of Safeway units, vested Series-1 incentive units ... assets, the same distribution
terms will apply after payment to creditors. The Safeway unitholders are entitled to allocations of profits and losses derived from Safeway
for each fiscal period
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01382448.pdf
units, provides, among other
things, for preemptive or anti-dilution rights that entitle the unitholder the right to purchase additional units to give them the same pro rata
percentage ownership ... distributions of $2,308.6 million, cash distributions
of Albertson's will be made to unitholders pro rata in proportion to the number of ABS units, vested Series-1 incentive units ... assets, the same distribution terms will
apply after payment to creditors. The ABS unitholders are entitled to allocations of profits and losses derived from Albertson's for each
fiscal period
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01382447.pdf
EFTA01105263Set 9
2004-10-0160p17,309w
legal fees under partnership agreement); In re
Nantucket Island Assocs. Ltd. P 'Ship Unitholders Litig., 810 A.2d 351,361-68 (Del. Ch. 2002)
(amendment of limited partnership agreement); Greco ... allow the inference that, at the
13 The Court of Chancery recently held that unitholders in a limited partnership failed to state a colorable claim of
breach of fiduciary duty ... partnerships were not harmed by the alleged disclosure violations. Any harm was
to the unitholders, who either lost their opportunity to request a withdrawal from the Funds from
the Managers
https://www.justice.gov/epstein/files/DataSet%209/EFTA01105263.pdf
EFTA01076944Set 9
52p24,080w
Units shall be determined in accordance
with such relative rights, powers and duties.
"Unitholder" means a holder ofUnits.
"Wilcor" means The Wilcor Group, Inc., a New York corporation.
ARTICLE ... each
Distribution made pursuant to this Section 4.1(e) shall be made to the Unitholders (in proportion
to the number ofUnits held by each Unitholder).
(0 Notwithstanding the foregoing provisions
https://www.justice.gov/epstein/files/DataSet%209/EFTA01076944.pdf
EFTA01382431Set 10
2015-02-281p618w
dividing net (loss) income attributable to the Tracking Group unit-
holders and Residual Group unitholders by the weighted average number of Tracking Group and Residual Group units outstanding,
respectively ... Diluted EPU is computed by dividing net income (loss) attributable to the Tracking Group unitholders and
Residual Group unitholders by the weighted average number of units outstanding, respectively, plus, where
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01382431.pdf
EFTA01104798Set 9
2004-10-0160p17,336w
legal fees under partnership agreement); In re
Nantucket Island Assocs. Ltd. P 'Ship Unitholders Litig., 810 A.2d 351,361-68 (Del. Ch. 2002)
(amendment of limited partnership agreement); Greco ... allow the inference that, at the
13 The Court of Chancery recently held that unitholders in a limited partnership failed to state a colorable claim of
breach of fiduciary duty ... partnerships were not harmed by the alleged disclosure violations. Any harm was
to the unitholders, who either lost their opportunity to request a withdrawal from the Funds from
the Managers
https://www.justice.gov/epstein/files/DataSet%209/EFTA01104798.pdf
EFTA00613940Set 9
2009-03-0358p16,044w
A.2d 808 (Del. Ch. 2005) 46
In re Mesa Ltd. P'ship Preferred Unitholders Litig.,
91 Civ. 12243, 1991 WL 262669 (Del. Ch. Dec. 10, 1991) 36
Insitufonn Techs ... March 3, 2009); In re
Mesa Ltd. P'ship Preferred Unitholders Litig., 91 Civ. 12243, 1991 WL 262669, at *5
(Del. Ch. Dec. 10, 1991); see also
https://www.justice.gov/epstein/files/DataSet%209/EFTA00613940.pdf
EFTA01114935Set 9
2009-03-0358p16,017w
A.2d 808 (Del. Ch. 2005) 46
In re Mesa Ltd. P'ship Preferred Unitholders Litig.,
91 Civ. 12243, 1991 WL 262669 (Del. Ch. Dec. 10, 1991) 36
Insitufonn Techs ... March 3, 2009); In re
Mesa Ltd. P'ship Preferred Unitholders Litig., 91 Civ. 12243, 1991 WL 262669, at *5
(Del. Ch. Dec. 10, 1991); see also
https://www.justice.gov/epstein/files/DataSet%209/EFTA01114935.pdf
EFTA01060827Set 9
2016-11-224p985w
rate on carry for employees
and on a portion of the distribution for some unitholders (this has generally been expected at some
point, given bi-partisan support). Second ... estimate that Fund VIII could
return more than $2.0B of cash carry for unitholders, or around $5 per share, assuming a 2.0x MOIC
and typical compensation.
Michael Carrier
https://www.justice.gov/epstein/files/DataSet%209/EFTA01060827.pdf