Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Multi-Family and Apartment Investing
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated almost 8 years ago,

User Stats

132
Posts
40
Votes
Zach Liu
  • Investor
  • Atlanta, GA
40
Votes |
132
Posts

large multifamily LLC waterfall distribution legal language

Zach Liu
  • Investor
  • Atlanta, GA
Posted

I am reading a ppm for a multifamily complex acquisition, it is standard waterfall distribution which it states as:

(a) first,to all Members until such time all Members have received aggregate distributions pursuant to this Section equal to the Preferred Rate of Return (the “Preferred Rate of Return” shall mean a rate of nine percent (9%) per annum, cumulatively but not compounded, of each Member’s unreturned Capital Contributions at any given time;

(b) second, seventy percent (70%) to all Members and thirty percent (30%) to Sponsor until such time as each Member has achieved an annual rate of return up to forteen percent (14%);

(c) third,to the Members in accordance with their respective ownership percentages until the Capital  Contributions of all Members have been returned to all Members; and

(d) thereafter, fifty percent (50%) to Sponsor and fifty percent (50%) to all other Members.

I am new to this so can anyone tell me if this is like standard? I know in move waterfall model First Tier is always capital contributions. Can anyone tell me in general if this distribution is normal for large multifamily LLC?

Loading replies...