New Hampshire Clauses Relating to Preferred Returns

• Category: Partnerships - Drafting Joint Venture Agreements
• State: Multi-State
• Control #: US-P0606-2BAM
• Format: Word; Rich Text

Description

This sample form, containing Clauses Relating to Preferred Returns document, is usable for corporate/business matters. The language is easily adaptable to fit your circumstances. You must confirm compliance with applicable law in your state. Available in Word format.

New Hampshire Clauses Relating to Preferred Returns: A Comprehensive Overview Preferred returns are an essential component of many investment agreements and partnership structures, including those in New Hampshire. These clauses outline the rights and preferences of certain investors to receive specific returns on their investments before other parties, such as general partners or limited partners, can participate in the profits or distributions. In New Hampshire, there are different types of clauses relating to preferred returns that investors and business entities should be familiar with. These clauses can vary based on various factors, including the type of investment, the agreement structure, and the parties involved. Let's explore a few of the key types of New Hampshire Clauses Relating to Preferred Returns: 1. Simple Preferred Return Clause: This type of clause ensures that preferred investors receive a fixed percentage return on their investment before other investors can participate in the profits. For example, a simple preferred return clause may guarantee a 6% annual return to the preferred investor until their entire initial investment has been returned. 2. Cumulative Preferred Return Clause: A cumulative preferred return clause guarantees that any unpaid preferred returns from previous periods accumulate and must be paid out in subsequent periods before other investors receive distributions. This clause provides added security to preferred investors by ensuring they receive their preferred returns, even if the partnership or investment has underperformed in earlier periods. 3. Non-Cumulative Preferred Return Clause: In contrast to the cumulative preferred return clause, the non-cumulative preferred return clause does not accumulate unpaid preferred returns from previous periods. This type of clause allows other investors to participate in profits or distributions even if preferred returns were not met in earlier periods. 4. Carried Interest or "Promote" Clause: A carried interest clause is commonly associated with private equity or real estate investments. This clause allows fund managers or general partners to earn a share of the profits above the preferred return threshold. For instance, once the preferred return has been distributed, the carried interest clause might stipulate that the general partner receives 20% of the excess profit while the limited partners share the remaining 80%. 5. Clawback Provision: A clawback provision is often included within preferred return clauses to protect investors from potential overpayments to general partners. It allows the limited partners to be reimbursed for any distributions exceeding their contractual share, often during the last year of the partnership or investment. It's important to note that New Hampshire Clauses Relating to Preferred Returns can be highly customizable, and the aforementioned types are just a few examples. Investors and entities involved in partnerships or investments within New Hampshire should consult legal professionals to ensure the specific clauses are appropriately tailored to their circumstances and aligned with state regulations. In conclusion, New Hampshire Clauses Relating to Preferred Returns are fundamental legal components in investment contracts and partnership agreements. Understanding these clauses is crucial for all parties involved in order to protect their rights and interests while fostering trust and clarity in investment endeavors.