Common use of Priority and Return of Capital Clause in Contracts

Priority and Return of Capital. Except as expressly set forth herein, no Member shall have priority over any other Member, whether for the return of a Capital Contribution or for Profits, Losses or a Distribution; provided, however, that this Section 4.6 shall not apply to loans or other -------- ------- obligations (as distinguished from a Capital Contribution) made by a Member or its Affiliates to or on behalf of the Company.

Priority and Return of Capital. Except as may be expressly set forth hereinprovided elsewhere in this Agreement, no Member shall have priority over any other Member, whether for either as to the return of a Capital Contribution Contributions or for as to Net Profits, Net Losses or a DistributionDistributions; provided, however, that this Section 4.6 6.6 shall not apply to operating and other loans or other -------- ------- obligations (as distinguished from a Capital ContributionContributions and Member loans) made by which a Member has made to the Company or its Affiliates to or on behalf of the Companyanother Member.

Priority and Return of Capital. Except as may be expressly set forth hereinprovided in Article IX, no Member shall have priority over any other Member, whether for either as to the return of a Capital Contribution Contributions or for as to Profits, Losses or a DistributionDistributions; provided, however, that this Section 4.6 6.5 shall not apply to loans or other -------- ------- obligations (as distinguished from a Capital ContributionContributions) made by which a Member or its Affiliates has made to or on behalf of the Company.

Priority and Return of Capital. Except as expressly set forth herein, no No Member shall have priority over any other Member, whether for the return of a Capital Contribution or for Net Profits, Net Losses or a DistributionDistribution except as provided herein; provided, however, that this Section 4.6 5.5 shall not apply to loans any loan, guaranty, endorsement, collateral or other -------- ------- obligations indebtedness (as distinguished from a Capital Contribution) given, made or incurred by a Member to the Company or its Affiliates to or on behalf any creditor of the CompanyCompany or to any indebtedness of the Company to a Member in connection with any business transaction.

Priority and Return of Capital. Except as may be expressly set forth provided herein, no Member shall have priority over any other Member, whether for either as to the return of a Capital Contribution Contributions or for as to Net Profits, Net Losses or a Distribution; provided, however, that this distributions. This Section 4.6 shall not apply to loans or other -------- ------- obligations (as distinguished from a Capital ContributionContributions) made by which a Member or its Affiliates has made to or on behalf of the Company.

Priority and Return of Capital. Except as expressly set forth herein, no No Member shall have priority over any other Member, whether either for the return of a Capital Contribution Contributions or for Net Profits, Losses Net Losses, or a Distributiondis- tributions; provided, however, provided that this Section 4.6 shall not apply to loans or other -------- ------- obligations (as distinguished from a Capital ContributionContributions) made by that a Member or its Affiliates has made to or on behalf of the Company.

Priority and Return of Capital. Except as expressly set forth herein, no No Member shall have priority ------------------------------ over any other Member, whether for the return of a Capital Contribution or for Profits, Losses Losses, or a DistributionDistributions; provided, however, that this Section 4.6 shall not apply to loans or other -------- ------- obligations indebtedness (as distinguished from a Capital Contribution) made by a Member or its Affiliates to or on behalf of the Company.

Priority and Return of Capital. Except as expressly set forth herein, no No Member shall have priority over any other Member, whether for the return of a Capital Contribution or for Net Profits, Net Losses or a Distribution; providedPROVIDED, howeverHOWEVER, that this Section 4.6 section shall not apply to loans loan or other -------- ------- obligations indebtedness (as distinguished from a Capital Contribution) made by a Member or its Affiliates to or on behalf of the Company.

Priority and Return of Capital. Except as expressly set forth herein, no No Member shall have priority over any other Member, whether for the return of a Capital Contribution or for Profits, Losses or a Distribution; , except as herein provided, however, that this . This Section 4.6 3.4 shall not apply to loans repayment of any loan or other -------- ------- obligations (as distinguished from a Capital Contribution) indebtedness made by a Member or its Affiliates to or on behalf of the Company.

Priority and Return of Capital. Except as may be expressly set forth hereinprovided in Article IV or Article VIII, no Member shall have priority over any other Member, whether for the either as to return of a Capital Contribution Contributions or for as to Net Profits, Net Losses or a Distributiondistributions; provided, however, that that, this Section 4.6 shall not apply to loans or other the -------- ------- obligations ---- repayment by the Company of loans (as distinguished from a Capital ContributionContributions) made by which a Member or its Affiliates has made to or on behalf of the Company.

Priority and Return of Capital. Except as may be expressly set forth hereinprovided in Article IV or Article VIII, no Member member shall have priority over any other Member, whether for the either as to return of a Capital Contribution capital contributions or for Profitsas to net profits, Losses net losses or a Distributiondistributions; provided, however, that that, this Section 4.6 section shall not apply to loans or other -------- ------- obligations to the repayment by the Company of loans (as distinguished from capital contributions) which a Capital Contribution) member has made by a Member or its Affiliates to or on behalf of the CompanyCompany .

Priority and Return of Capital. Except as may be expressly set forth hereinprovided in Article IV or Article VIII, no Member shall have priority over any other Member, whether for the either as to return of a Capital Contribution Contributions or for as to Net Profits, Net Losses or a Distributiondistributions; provided, however, that that, this Section 4.6 shall not apply to loans or other the -------- ------- obligations repayment by the Company of loans (as distinguished from a Capital ContributionContributions) made by which a Member or its Affiliates has made to or on behalf of the Company.

Priority and Return of Capital. Except as expressly set forth hereinotherwise provided in this Agreement, no Member shall will have priority over any other Member, whether for either as to the return of a Capital Contribution Contributions or for as to Profits, Losses Losses, or a Distributiondistributions; provided, however, however that this Section 4.6 shall will not apply to loans or other -------- ------- obligations (as distinguished from a Capital ContributionContributions) made by that a Member or its Affiliates has made to or on behalf of the Company.

Priority and Return of Capital. Except as expressly set forth otherwise provided herein, no Member shall have priority over any other Member, whether for either as to the return of a Capital Contribution Contributions or for as to Profits, Losses or a Distributiondistributions; provided, however, provided that this Section 4.6 shall not apply to loans or other -------- ------- obligations (as distinguished from a Capital Contributioncapital contributions) made by which a Member or its Affiliates has made to or on behalf of the CompanyVenture.

Priority and Return of Capital. Except as expressly set forth herein, no No Member shall have priority over any other Member, whether for either as to the return of a Capital Contribution Contributions or for Profitsas to net profits, Losses net losses or a Distributiondistributions; provided, however, provided that this Section 4.6 9.5 shall not apply to loans or other -------- ------- obligations (as distinguished from a Capital ContributionContributions) made by which a Member or its Affiliates has made to or on behalf of the Company.

Priority and Return of Capital. Except as may be expressly set forth hereinprovided in Article IV or Article VIII, no Member shall have priority over any other Member, whether for the either as to return of a Capital Contribution Contributions or for as to Net Profits, Net Losses or a Distributiondistributions; provided, however, that that, this Section 4.6 section shall not -------- ------- ---- apply to the repayment by the company of loans or other -------- ------- obligations (as distinguished from a Capital ContributionContributions) made by which a Member or its Affiliates has made to or on behalf of the Company.

Priority and Return of Capital. Except as expressly set forth provided herein, no Member shall have priority over any other Member, whether for either as to the return of a Capital Contribution Contributions or for as to Net Profits, Losses Net Losses, or a Distributiondistributions; provided, however, provided that this Section 4.6 shall not apply to loans or other -------- ------- obligations (as distinguished from a Capital Contributioncapital contributions) made by which a Member or its Affiliates has made to or on behalf of the Company.