Common use of Priority and Return of Capital Clause in Contracts

Priority and Return of Capital. Except as may be expressly provided ------------------------------ in Article 4 or Article 12 or as contemplated in the Contribution Agreement in connection with an Unwind Transaction, no Member shall have priority over any other Member, either as to return of Capital Contributions or as to Net Profits, Net Losses or distributions; provided, however, that this Section shall not -------- ------- apply to the repayment by the Company of loans (as distinguished from Capital Contributions) which a Member has made to the Company in accordance with this Agreement.

Priority and Return of Capital. Except as may be expressly provided ------------------------------ in Article 4 or Article 12 or as contemplated in the Contribution Agreement in connection with an Unwind Transaction, no No Member shall have priority ------------------------------- over any other Member, either as to whether for the return of a Capital Contributions Contribution or as to Net for Profits, Net Losses Losses, or distributionsDistributions; provided, however, that this Section 4.6 shall not -------- ------- apply to the repayment by the Company of loans or other indebtedness (as distinguished from a Capital ContributionsContribution) which made by a Member has made to the Company in accordance with this AgreementCompany.

Priority and Return of Capital. Except as may be expressly provided in this ------------------------------ in Article 4 or Article 12 or as contemplated in the Contribution Agreement in connection with an Unwind TransactionAgreement, no Member shall have priority over any other Member, either as to the return of Capital Contributions or as to Net Profits, Net Losses or distributionsDistributions; provided, however, that this Section 3.9 shall not -------- ------- apply to the repayment by the Company of loans (as -------- ------- distinguished from Capital Contributions) which a Member has made to the Company in accordance with this AgreementCompany.

Priority and Return of Capital. Except as may be expressly provided ------------------------------ in Article 4 or Article 12 or as contemplated in the Contribution Agreement in connection with an Unwind TransactionSections 9.01 and 14.03, no Member shall have priority over any other Member, either as to the return of Capital Contributions or as to Net Profits, Net Losses or distributions; provided, however, that this . This Section shall not -------- ------- apply to the repayment by the Company of loans (as distinguished from Capital Contributions) which a Member has made to the Company in accordance with this AgreementCompany.

Priority and Return of Capital. Except as may be expressly provided ------------------------------ in Article 4 or Article 12 or as contemplated in the Contribution Agreement in connection with an Unwind Transactionthis Agreement, no Member shall have priority over any other Member, either as to the return of Capital Contributions or as to Net Profits, Net Losses or distributionsDistributions; provided, however, that this Section 6.3 shall not -------- ------- apply to the repayment by the Company of loans (as distinguished from Capital Contributions) which a Member has made to the Company in accordance with this AgreementCompany.

Priority and Return of Capital. Except as may be expressly provided in ------------------------------ in this Article 4 or Article 12 or as contemplated in the Contribution Agreement in connection with an Unwind TransactionVIII, no Member or assignee shall have priority over any other MemberMember or assignee, either as to the return of Capital Contributions or as to Net Profits, Net Losses or distributions; provided, however, provided that this Section shall not -------- ------- apply to the repayment by the Company of loans (as distinguished from Capital Contributions) which a Member has made to the Company in accordance with this AgreementCompany.

Priority and Return of Capital. Except as may be expressly ------------------------------ provided ------------------------------ in Article 4 or Article 12 or as contemplated in the Contribution Agreement in connection with an Unwind Transactionthis Agreement, no Member shall have priority over any other Member, either as to the return of Capital Contributions or as to Net Profits, Net Losses or any distributions; provided, however, provided that this Section shall not -------- ------- apply to the repayment by the Company of loans (as distinguished from Capital Contributions) which a Member has made to the Company in accordance with this AgreementCompany.

Priority and Return of Capital. Except as may be expressly provided ------------------------------ in Article 4 or Article 12 or as contemplated in the Contribution Agreement in connection with an Unwind Transactionthis Agreement, no Member shall have priority over any other Member, either as to the return of Capital Contributions or as to Net Profits, Net Losses or distributionsDistributions; provided, however, that this Section 6.3 shall not -------- ------- apply to the repayment by the Company of loans (as distinguished from Capital Contributions) which a Member has made to the Company in accordance with this AgreementCompany.

Priority and Return of Capital. Except as may be expressly specifically ------------------------------ provided ------------------------------ in Article 4 or Article 12 or as contemplated in this Agreement with respect to the Contribution Agreement in connection with an Unwind TransactionSeries B Preferred Units, no Member shall have priority over any other Member, either as to whether for the return of a Capital Contributions Contribution or as to any portion of a Capital Account or for a Distribution or an allocation of Net Profits, Profits or Net Losses or distributionsLosses; provided, however, that this Section 3.8 shall not -------- ------- apply to the repayment by the Company of loans or other indebtedness (as distinguished from a Capital ContributionsContribution) which made by a Member has made to the Company in accordance with this AgreementCompany.