Alaska Assignment of Net Profits Interest

State:
Multi-State
Control #:
US-OG-303
Format:
Word; 
Rich Text
Instant download

Description

This form is used when Assignor grants, assigns, and conveys to Assignee a percentage of the net profit interest in the Working Interest. The Net Profits Interest is the stated percentage interest in the share of monies payable for gross production attributable to the Working Interest less the costs and expenses attributable to the Working Interest.

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FAQ

The liquidation threshold is oftentimes referred to as the distribution or hurdle threshold. This threshold is set at a level such that the profits interest would be entitled to $0 of the LLC's exit proceeds if the LLC were to hypothetically ?liquidate? on the profits interest's grant date.

A profits interest represents an actual interest in the ownership of a partnership. As such, it differs from a stock option (another form of awarding an ownership stake), which grants to the holder a right to buy into a company at a time in the future.

Profits Interest Hurdle means an amount set forth in each Award Agreement reflecting the P Series Liquidation Value (or a multiple thereof) of the relevant P Series of Class C Common Units at the time the Units are issued as determined by the Managing Member.

The threshold value is the signature characteristic of a profits interest: if the partnership was liquidated the moment after a profits interest is granted, then the profits interest has no value.

Profits interest is a way for partnerships to reward and retain employees in lieu of having equity to grant. Profits interest gives key employees a share in the future growth in value of the partnership in return for their efforts in making that happen.

From an accounting perspective, profits interest is generally accounted for under Financial Accounting Standards Board (FASB) Accounting Standards Codification (ASC) 718 Stock Compensation or FASB ASC 710 Compensation.

A net profits interest is an agreement that provides a payout of an operation's net profits to the parties of the agreement. It is a non-operating interest that may be created when the owner of a property, typically an oil and gas property, leases it out to another party for development and production.

Example 1: Profits interest ? Let's say that the company is worth $1,000,000 and has $50,000 in annual profits. A worker with a 10% interest grant doesn't have any interest in the company's current market value, but they do have a 10% interest in annual profits, which equates to $5,000.

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Alaska Assignment of Net Profits Interest