Common use of Partial Payment Clause in Contracts

Partial Payment. If in any distribution described in Section 4(a) above the assets of the Issuer or proceeds thereof are not sufficient to pay in full the amounts payable with respect to all outstanding shares of Designated Preferred Stock and the corresponding amounts payable with respect of any other stock of the Issuer ranking equally with Designated Preferred Stock as to such distribution, holders of Designated Preferred Stock and the holders of such other stock shall share ratably in any such distribution in proportion to the full respective distributions to which they are entitled.

Partial Payment. If in any distribution described in Section 4(a) above the assets of the Issuer Corporation or proceeds thereof are not sufficient to pay in full the amounts payable with respect to all outstanding shares of Designated Preferred Stock and the corresponding amounts payable with respect of any other stock of the Issuer Corporation ranking equally with Designated Preferred Stock as to such distribution, holders of Designated Preferred Stock and the holders of such other stock shall share ratably in any such distribution in proportion to the full respective distributions to which they are entitled.

Partial Payment. If in any distribution described in Section 4(a) above the assets of the Issuer or proceeds thereof are not sufficient to pay in full the amounts payable with respect to all outstanding shares units of Designated Preferred Stock and the corresponding amounts payable with respect of any other stock membership interests of the Issuer ranking equally with Designated Preferred Stock as to such distribution, holders of Designated Preferred Stock and the holders of such other stock membership interests shall share ratably in any such distribution in proportion to the full respective distributions to which they are entitled.

Partial Payment. If in any distribution described in Section 4(a) above the assets of the Issuer Corporation or proceeds thereof are not sufficient to pay in full the amounts payable with respect to all outstanding shares of Designated Preferred Stock and the corresponding amounts payable with respect of to any other stock of the Issuer Corporation ranking equally with Designated Preferred Stock as to such distribution, holders Holders of Designated Preferred Stock and the holders of such other stock shall share ratably in any such distribution in proportion to the full respective distributions to which they are entitled.

Partial Payment. If in any distribution described in Section 4(a) above the assets of the Issuer or proceeds thereof are not sufficient to pay in full the amounts payable with respect to all outstanding shares of Designated Senior Preferred Stock and the corresponding amounts payable with respect of to any other stock of the Issuer ranking equally with Designated Preferred Stock as to such distributionLiquidation Preference Parity Stock, holders of Designated Senior Preferred Stock and the holders of such other stock Liquidation Preference Parity Stock shall share ratably in any such distribution in proportion to the full respective distributions to which they are entitled.

Partial Payment. If in any distribution described in Section 4(a) above the assets of the Issuer or proceeds thereof are not sufficient to pay in full the amounts payable with respect to all outstanding shares of Designated Preferred Stock and the corresponding amounts payable with respect of any other stock Parity Stock of the Issuer ranking equally with Designated Preferred Stock as to such distribution, holders of Designated Preferred Stock and the holders of such other stock Parity Stock shall share ratably in any such distribution in proportion to the full respective distributions to which they are entitled.

Partial Payment. If in any distribution described in Section 4(a) above the assets of the Issuer or proceeds thereof are not sufficient to pay in full the amounts payable with respect to all outstanding shares of Designated Preferred Stock and the corresponding amounts payable with respect of any other stock of the Issuer ranking equally with Designated Preferred Stock as to such distribution, holders of Designated Preferred Stock and the holders of such other stock shall share ratably in any such distribution in proportion to the full respective distributions to which they are entitled.. SBLF Participant No. 0310 10

Partial Payment. If in any distribution described in Section 4(a) above the assets of the Issuer Corporation or proceeds thereof are not sufficient to pay in full the amounts payable with respect to all outstanding shares of Designated the Series D Preferred Stock and the corresponding amounts payable with respect of any other stock of the Issuer Corporation ranking equally with Designated the Series D Preferred Stock as to such distribution, holders of Designated the Series D Preferred Stock and the holders of such other stock shall share ratably in any such distribution in proportion to the full respective distributions to which they are entitled.

Partial Payment. If in any distribution described in Section 4(a) above the assets of the Issuer or proceeds thereof are not sufficient to pay in full the amounts payable with respect to all outstanding shares of Designated Preferred Stock and the corresponding amounts payable with respect of any other stock of the Issuer ranking equally with Designated Preferred Stock as to such distribution, holders of Designated Preferred Stock and the holders of such other -148- stock shall share ratably in any such distribution in proportion to the full respective distributions to which they are entitled.

Partial Payment. If If, in any distribution described in Section 4(a) above 4 and this Section 5, the assets of the Issuer Company or proceeds thereof are not sufficient to pay in full the amounts payable with respect to all outstanding shares of Designated Series C Preferred Stock and the corresponding amounts payable with respect of to any other stock of the Issuer Company ranking equally with Designated Series C Preferred Stock as to such distribution, holders of Designated Preferred Stock Holders and the holders of such other stock shall share ratably in any such distribution in proportion to the full respective distributions to which they are entitled.