Common use of Order of Payment Clause in Contracts

Order of Payment. Upon any distribution of the assets of the Guarantor on any dissolution, winding up, liquidation or reorganization of the Guarantor (whether in bankruptcy, insolvency or receivership proceedings, or upon an “assignment for the benefit of creditors” or any other marshalling of the assets and liabilities of the Guarantor, or otherwise): (a) all Senior Indebtedness of the Guarantor shall first be paid in full, or provision made for such payment, before any payment is made on account of the Class A Preferred LP Unit Obligations; and (b) any payment or distribution of assets of the Guarantor, whether in cash, property or securities, to which the Holders or the Security Trustee on behalf of such Holders would be entitled except for the provisions of this Article 3, shall be paid or delivered by the trustee in bankruptcy, receiver, assignee for the benefit of creditors, or other liquidating agent making such payment or distribution, directly to the holders of Senior Indebtedness of the Guarantor or their representative or representatives, or to the trustee or trustees under any indenture pursuant to which any instruments evidencing any of such Senior Indebtedness may have been issued, to the extent necessary to pay all Senior Indebtedness of the Guarantor in full after giving effect to any concurrent payment or distribution, or provision therefor, to the holders of such Senior Indebtedness.

Order of Payment. Upon any distribution of the assets of the Guarantor on any dissolution, winding up, liquidation or reorganization of the Guarantor (whether in bankruptcy, insolvency or receivership proceedings, or upon an “assignment for the benefit of creditors” or any other marshalling of the assets and liabilities of the Guarantor, or otherwise): (a) all Senior Indebtedness of the Guarantor shall first be paid in full, or provision made for such payment, before any payment is made on account of the Class A Senior Preferred LP Unit Share Obligations; and (b) any payment or distribution of assets of the Guarantor, whether in cash, property or securities, to which the Holders or the Security Trustee on behalf of such Holders would be entitled except for the provisions of this Article 3, shall be paid or delivered by the trustee in bankruptcy, receiver, assignee for the benefit of creditors, or other liquidating agent making such payment or distribution, directly to the holders of Senior Indebtedness of the Guarantor or their representative or representatives, or to the trustee or trustees under any indenture pursuant to which any instruments evidencing any of such Senior Indebtedness may have been issued, to the extent necessary to pay all Senior Indebtedness of the Guarantor in full after giving effect to any concurrent payment or distribution, or provision therefor, to the holders of such Senior Indebtedness.

Order of Payment. Upon In the event of any distribution of the assets of the Guarantor on any dissolution, winding up, liquidation or reorganization of the Guarantor (whether in bankruptcy, insolvency or receivership bankruptcy proceedings, or upon an “assignment any receivership, liquidation, reorganization or other similar proceedings relative to the Corporation, or to its property or assets, or in the event of any proceedings for voluntary liquidation, dissolution or voluntary winding-up of the benefit of creditors” Corporation, whether or not involving insolvency or bankruptcy, or any other marshalling of the assets and liabilities of the Guarantor, or otherwise):Corporation: (a) all Senior Indebtedness of the Guarantor shall first be paid in full, or provision made for such payment, before any payment is made on account of the Class A Preferred LP Unit Obligations; andDebenture Liabilities; (b) any payment or distribution of assets of the GuarantorCorporation, whether in cash, property or securities, to which the Holders or the Security Trustee on behalf Holder of such Holders this Debenture would be entitled except for the provisions of this Article 3VIII, shall be paid or delivered by the trustee in bankruptcy, receiver, assignee for the benefit of creditors, or other liquidating agent making such payment or distribution, directly to the holders of Senior Indebtedness of the Guarantor or their representative or representatives, or to the trustee or trustees under any indenture pursuant to which any instruments evidencing any of such Senior Indebtedness may have been issued, to the extent necessary to pay all Senior Indebtedness of the Guarantor in full after giving effect to any concurrent payment or distribution, or provision therefor, to the holders of such Senior Indebtedness; and (c) the Senior Creditors or a receiver or a receiver-manager of the Corporation or of all or part of its assets or any other enforcement agent may sell, mortgage, or otherwise dispose of the Corporation's assets in whole or in part, free and clear of all Debenture Liabilities and without the approval of the Holder or any requirement to account to the Holder.

Order of Payment. Upon any distribution of the assets of the a Guarantor on any dissolution, winding up, liquidation or reorganization of the such Guarantor (whether in bankruptcy, insolvency or receivership proceedings, or upon an “assignment for the benefit of creditors” or any other marshalling of the assets and liabilities of the such Guarantor, or otherwise): (a) all Senior Indebtedness Guarantor Obligations of the such Guarantor shall will first be paid in full, or provision made for such payment, before any payment is made on account of the Class A Guaranteed Preferred LP Unit Obligations; and (b) any payment or distribution of assets of the such Guarantor, whether in cash, property or securities, to which the Holders or the Security Trustee New LP on behalf of such the Holders would be entitled except for the provisions of this Article 3, shall will be paid or delivered by the trustee in bankruptcy, receiver, assignee for the benefit of creditors, or other liquidating agent making such payment or distribution, directly to the holders of Senior Indebtedness Guarantor Obligations of the such Guarantor or to their representative or representatives, or to the trustee or trustees under any indenture pursuant to which any instruments evidencing any of such Senior Indebtedness Guarantor Obligations may have been issued, to the extent necessary to pay all such Senior Indebtedness of the Guarantor in full after giving effect to any concurrent payment or distribution, or provision therefor, to the holders Obligations of such Senior IndebtednessGuarantor.

Order of Payment. Upon any distribution of the assets of the a Guarantor on any dissolution, winding up, liquidation or reorganization of the such Guarantor (whether in bankruptcy, insolvency or receivership proceedings, or upon an “assignment for the benefit of creditors” or any other marshalling of the assets and liabilities of the such Guarantor, or otherwise): (a) all Senior Indebtedness of the such Guarantor shall first be paid in full, or provision made for such payment, before any payment is made on account of the Class A Preferred LP Unit Series 3 Share Obligations; and (b) any payment or distribution of assets of the such Guarantor, whether in cash, property or securities, to which the Holders of the Series 3 Shares or the Security Trustee on behalf of such Holders would be entitled except for the provisions of this Article 3, shall be paid or delivered by the trustee in bankruptcy, receiver, assignee for the benefit of creditors, or other liquidating agent making such payment or distribution, directly to the holders of Senior Indebtedness of the such Guarantor or their representative or representatives, or to the trustee or trustees under any indenture pursuant to which any instruments evidencing any of such Senior Indebtedness may have been issued, to the extent necessary to pay all Senior Indebtedness of the such Guarantor in full after giving effect to any concurrent payment or distribution, or provision therefor, to the holders of such Senior Indebtedness.

Order of Payment. Upon any distribution of the assets of the Guarantor Corporation on any dissolution, winding winding-up, total liquidation or reorganization of the Guarantor Corporation (whether in bankruptcy, insolvency or receivership proceedings, or upon an “assignment for the benefit of creditors” or any other marshalling of the assets and liabilities of the GuarantorCorporation, or otherwise):: (a) all Senior Indebtedness of the Guarantor shall must first be paid in full, or provision made for such payment, before any payment is made on account of the Class A Preferred LP Unit Obligationsprincipal of or interest on the indebtedness evidenced by the Debentures; and (b) any payment or distribution of assets of the GuarantorCorporation, whether in cash, property or securities, to which the Holders holders of the Debentures or the Security Debenture Trustee on behalf of such Holders holders would be entitled except for the provisions of this Article 35, shall must be paid or delivered by the trustee in bankruptcy, receiver, assignee for the benefit of creditors, or other liquidating agent making such payment or distribution, directly to the holders of Senior Indebtedness of the Guarantor or their representative or representatives, or to the trustee or trustees under any indenture pursuant to which any instruments evidencing any of such Senior Indebtedness may have been issued, to the extent necessary to pay all Senior Indebtedness of the Guarantor in full after giving effect to any concurrent payment or distribution, or provision therefor, to the holders of such Senior Indebtedness.

Order of Payment. Upon any distribution of the assets of the a Guarantor on any dissolution, winding up, liquidation or reorganization of the such Guarantor (whether in bankruptcy, insolvency or receivership proceedings, or upon an “assignment for the benefit of creditors” or any other marshalling of the assets and liabilities of the such Guarantor, or otherwise): (a) all Senior Indebtedness of the such Guarantor shall first be paid in full, or provision made for such payment, before any payment is made on account of the Class A Preferred LP Unit Series 2 Share Obligations; and (b) any payment or distribution of assets of the such Guarantor, whether in cash, property or securities, to which the Holders of the Series 2 Shares or the Security Trustee on behalf of such Holders would be entitled except for the provisions of this Article 3, shall be paid or delivered by the trustee in bankruptcy, receiver, assignee for the benefit of creditors, or other liquidating agent making such payment or distribution, directly to the holders of Senior Indebtedness of the such Guarantor or their representative or representatives, or to the trustee or trustees under any indenture pursuant to which any instruments evidencing any of such Senior Indebtedness may have been issued, to the extent necessary to pay all Senior Indebtedness of the such Guarantor in full after giving effect to any concurrent payment or distribution, or provision therefor, to the holders of such Senior Indebtedness.

Order of Payment. Upon any distribution of the assets of the a Guarantor on any dissolution, winding up, liquidation or reorganization of the such Guarantor (whether in bankruptcy, insolvency or receivership proceedings, or upon an “assignment for the benefit of creditors” or any other marshalling of the assets and liabilities of the such Guarantor, or otherwise): (a) all Senior Indebtedness of the such Guarantor shall first be paid in full, or provision made for such payment, before any payment is made on account of the Class A Preferred LP Unit Series 5 Share Obligations; and (b) any payment or distribution of assets of the such Guarantor, whether in cash, property or securities, to which the Holders of the Series 5 Shares or the Security Trustee on behalf of such Holders would be entitled except for the provisions of this Article 3, shall be paid or delivered by the trustee in bankruptcy, receiver, assignee for the benefit of creditors, or other liquidating agent making such payment or distribution, directly to the holders of Senior Indebtedness of the such Guarantor or their representative or representatives, or to the trustee or trustees under any indenture pursuant to which any instruments evidencing any of such Senior Indebtedness may have been issued, to the extent necessary to pay all Senior Indebtedness of the such Guarantor in full after giving effect to any concurrent payment or distribution, or provision therefor, to the holders of such Senior Indebtedness.

Order of Payment. Upon any distribution of the assets of the a Guarantor on any dissolution, winding up, liquidation or reorganization of the such Guarantor (whether in bankruptcy, insolvency or receivership proceedings, or upon an “assignment for the benefit of creditors” or any other marshalling of the assets and liabilities of the such Guarantor, or otherwise): (a) all Senior Indebtedness of the such Guarantor shall first be paid in full, or provision made for such payment, before any payment is made on account of the Class A Preferred LP Unit Series 4 Share Obligations; and (b) any payment or distribution of assets of the such Guarantor, whether in cash, property or securities, to which the Holders of the Series 4 Shares or the Security Trustee on behalf of such Holders would be entitled except for the provisions of this Article 3, shall be paid or delivered by the trustee in bankruptcy, receiver, assignee for the benefit of creditors, or other liquidating agent making such payment or distribution, directly to the holders of Senior Indebtedness of the such Guarantor or their representative or representatives, or to the trustee or trustees under any indenture pursuant to which any instruments evidencing any of such Senior Indebtedness may have been issued, to the extent necessary to pay all Senior Indebtedness of the such Guarantor in full after giving effect to any concurrent payment or distribution, or provision therefor, to the holders of such Senior Indebtedness.

Order of Payment. Upon any distribution of the assets of the a Guarantor on any dissolution, winding up, liquidation or reorganization of the such Guarantor (whether in bankruptcy, insolvency or receivership proceedings, or upon an “assignment for the benefit of creditors” or any other marshalling of the assets and liabilities of the such Guarantor, or otherwise): (a) all Senior Indebtedness of the such Guarantor shall first be paid in full, or provision made for such payment, before any payment is made on account of the Class A Preferred LP Unit Series 6 Share Obligations; and (b) any payment or distribution of assets of the such Guarantor, whether in cash, property or securities, to which the Holders of the Series 6 Shares or the Security Trustee on behalf of such Holders would be entitled except for the provisions of this Article 3, shall be paid or delivered by the trustee in bankruptcy, receiver, assignee for the benefit of creditors, or other liquidating agent making such payment or distribution, directly to the holders of Senior Indebtedness of the such Guarantor or their representative or representatives, or to the trustee or trustees under any indenture pursuant to which any instruments evidencing any of such Senior Indebtedness may have been issued, to the extent necessary to pay all Senior Indebtedness of the such Guarantor in full after giving effect to any concurrent payment or distribution, or provision therefor, to the holders of such Senior Indebtedness.

Order of Payment. Upon any distribution of the assets of the Guarantor Corporation on any dissolution, winding up, total liquidation or reorganization of the Guarantor Corporation (whether in bankruptcy, insolvency or receivership proceedings, or upon an “assignment for the benefit of creditors” or any other marshalling of the assets and liabilities of the GuarantorCorporation, or otherwise): (a) all Senior Indebtedness of the Guarantor shall first be paid in full, or provision made for such payment, before any payment is made on account of the Class A Preferred LP Unit Obligationsprincipal of or interest on the indebtedness evidenced by the Debentures; and (b) any payment or distribution of assets of the GuarantorCorporation, whether in cash, property or securities, to which the Holders holders of the Debentures or the Security Trustee on behalf of such Holders holders would be entitled except for the provisions of this Article 35, shall be paid or delivered by the trustee in bankruptcy, receiver, assignee for the benefit of creditors, or other liquidating agent making such payment or distribution, directly to the holders of Senior Indebtedness of the Guarantor or their representative or representatives, or to the trustee or trustees under any indenture pursuant to which any instruments evidencing any of such Senior Indebtedness may have been issued, to the extent necessary to pay all Senior Indebtedness of the Guarantor in full after giving effect to any concurrent payment or distribution, or provision therefor, to the holders of such Senior Indebtedness.

Order of Payment. Upon any distribution of the assets of the Guarantor Corporation on any dissolution, winding up, total liquidation or reorganization of the Guarantor Corporation (whether in bankruptcy, insolvency or receivership proceedings, or upon an “assignment for the benefit of creditors” or any other marshalling of the assets and liabilities of the GuarantorCorporation, or otherwise): (a) all Senior Indebtedness of the Guarantor shall first be paid in full, or provision made for such payment, before any payment is made on account of the Class A Preferred LP Unit Obligationsprincipal of or interest on the indebtedness evidenced by the Debentures; and (b) any payment or distribution of assets of the GuarantorCorporation, whether in cash, property or securities, to which the Holders holders of the Debentures or the Security Debenture Trustee on behalf of such Holders holders would be entitled except for the provisions of this Article 35, shall be paid or delivered by the trustee in bankruptcy, receiver, assignee for the benefit of creditors, or other liquidating agent making such payment or distribution, directly to the holders of Senior Indebtedness of the Guarantor or their representative or representatives, or to the trustee or trustees directors under any indenture pursuant to which any instruments evidencing any of such Senior Indebtedness may have been issued, to the extent necessary to pay all Senior Indebtedness of the Guarantor in full after giving effect to any concurrent payment or distribution, or provision therefor, to the holders of such Senior Indebtedness.

Order of Payment. Upon any distribution of the assets of the a Guarantor on any dissolution, winding up, liquidation or reorganization of the such Guarantor (whether in bankruptcy, insolvency or receivership proceedings, or upon an “assignment for the benefit of creditors” or any other marshalling of the assets and liabilities of the such Guarantor, or otherwise): (a) all Senior Indebtedness of the such Guarantor shall first be paid in full, or provision made for such payment, before any payment is made on account of the Class A Preferred LP Unit Series 1 Share Obligations; and (b) any payment or distribution of assets of the such Guarantor, whether in cash, property or securities, to which the Holders of the Series 1 Shares or the Security Trustee on behalf of such Holders would be entitled except for the provisions of this Article 3, shall be paid or delivered by the trustee in bankruptcy, receiver, assignee for the benefit of creditors, or other liquidating agent making such payment or distribution, directly to the holders of Senior Indebtedness of the such Guarantor or their representative or representatives, or to the trustee or trustees under any indenture pursuant to which any instruments evidencing any of such Senior Indebtedness may have been issued, to the extent necessary to pay all Senior Indebtedness of the such Guarantor in full after giving effect to any concurrent payment or distribution, or provision therefor, to the holders of such Senior Indebtedness.