EFTA Document EFTA01359043

previously been reflected in the Capital Accounts of the Non-Managing Members as a result of allocations of Fund Incentive P&L that related to preferred return or other items of income distributable to the investors. The Catch Up Allocations for Cerberus Institutional Partners, L.P.-Series Four shall first be allocated to Feinberg to the extent he has not otherwise been allocated income in respect of the 2009 Shortfall. j. "Cause" shall mean (i) the Executive's breach of this Agreement or