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Waterfalls

When should a waterfall model include a clawback reserve?

By Michael Kaufman

It should include one when interim distributions could overpay sponsor carry before final performance, expenses, taxes, or future losses are known.1,2

A clawback reserve protects against paying carry too early when later events may require a true-up. For sponsors, LP finance teams, administrators, and counsel reviewing distribution economics, the practical answer is to treat the question as part of distribution modeling, return thresholds, preferred return, catch-up, promote, reserves, true-up, and clawback review, not as a one-off definition. The record should show the governing agreement, proceeds schedule, capital accounts, waterfall model, reserve analysis, distribution notice, and approval record so an investor, lender, counsel, administrator, or operating lead can reconstruct the decision later. The reserve analysis should show expected future obligations, downside scenarios, legal requirements, and release conditions. The common failure mode is maximizing current distributions without preserving enough cash to honor clawback, expense, tax, or investor return obligations.1,2

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Sources & References

  1. 1.Institutional Limited Partners AssociationCapital Call & Distribution Notice TemplateILPA(Capital call, distribution notice, LP reporting, and investor communication standards.)primary · workflow-standard · waterfalls
  2. 2.Internal Revenue ServicePartnershipsIRS(Partnership tax and reporting context for private vehicles.)primary · tax-context · waterfalls

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