Amendment to Letter Agreement Regarding Acquisition Look Back for Employment Agreement (APL – Spectrum Acquisition)
This amendment to a letter agreement outlines the calculation method for an acquisition-related incentive under an employment agreement, specifically for the APL – Spectrum Acquisition. It details how the incentive is determined based on distributed cash flow, yield, and unit price, resulting in the issuance of a specific number of units as compensation. The agreement involves the parties to the original employment agreement and clarifies the financial metrics and formula used to calculate the incentive award.
Exhibit 10.5(b)
Exhibit A
APL Spectrum Acquisition
Acquisition Look Back Example For Employment Agreement
Most recent quarterly distribution | 0.63 | |||
Multiplied by four | 4 | |||
Annualized distribution | $ | 2.52 | ||
Closing price of APL common unit on 12/31/2008 | $ | 38.00 | ||
Yield (distribution/Closing price) | 7.20 | % | ||
Distributed Cash Flow generated by acquisition during the 12 months ended 12/31/2008 | $ | 10,000,000 | ||
Imputed Value (Dist Cash Flow / Yield) | $ | 138,888,889 | ||
Incentive % | 1.50 | % | ||
Incentive amount (Imputed value * Incentive %) | $ | 2,083,333 | ||
# of units issued (Incentive amount / unit price) | 59,524 |