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LLC Agreement: Profits Interest Provisions

by Practical Law Corporate & Securities

Maintained | USA (National/Federal)

These Standard Clauses provide profits interest provisions for an LLC agreement. Profits interests are a popular form of equity compensation for service providers in entities taxed as partnerships. These clauses, which refer to profits interests as "Incentive Units," are designed to structure awards that grant a share in the future appreciation of the company. They address key aspects such as the authorization of units and distribution rights, including the concept of establishing a Profits Interest Hurdle to ensure favorable tax treatment. These Standard Clauses also detail important considerations related to a service provider's separation from the company, including a company call right to repurchase units.

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