Common use of Payment Priority Clause in Contracts

Payment Priority. If the Borrower is not able to pay the full amounts due under the 7,000,000 Notes at any time, either upon the occurrence of an Event of Default or on the Maturity Date, payment shall be made first to the Holder and FirstMark III Offshore Partners, L.P. until the FirstMark Notes have been paid in full and then to Constellation with respect to the Constellation Notes.

Payment Priority. If the Borrower is not able to pay the full amounts due under the 7,000,000 Notes at any time, either upon the occurrence of an Event of Default or on the Maturity Date, payment shall be made first to the Holder and FirstMark III Offshore PartnersIII, L.P. until the FirstMark Notes have been paid in full and then to Constellation with respect to the Constellation Notes.