Common use of Priority and Return of Capital Clause in Contracts

Priority and Return of Capital. Except as specifically ------------------------------ provided in this Agreement with respect to the Series B Preferred Units, no Member shall have priority over any other Member, whether for the return of a Capital Contribution or any portion of a Capital Account or for a Distribution or an allocation of Net Profits or Net Losses; provided, however, that this Section 3.8 shall not apply to loans or other indebtedness (as distinguished from a Capital Contribution) made by a Member to the Company.

Priority and Return of Capital. Except as specifically may be expressly provided ------------------------------ provided in this Article 4 or Article 12 or as contemplated in the Contribution Agreement in connection with respect to the Series B Preferred Unitsan Unwind Transaction, no Member shall have priority over any other Member, whether for the either as to return of a Capital Contribution Contributions or any portion of a Capital Account as to Net Profits, Net Losses or for a Distribution or an allocation of Net Profits or Net Lossesdistributions; 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 ContributionContributions) made by which a Member has made to the CompanyCompany in accordance with this Agreement.

Priority and Return of Capital. Except as specifically ------------------------------ may be provided in this Agreement with respect to the Series B Preferred Units------------------------------ Agreement, no Member shall have priority over any other Member, whether for either as to the return of a Capital Contribution Contributions or any portion of a Capital Account as to Profits, Losses or for a Distribution or an allocation of Net Profits or Net LossesDistributions; provided, however, that this Section 3.8 3.9 shall not apply to loans or other indebtedness (as -------- ------- distinguished from a Capital ContributionContributions) made by which a Member has made to the Company.

Priority and Return of Capital. Except as specifically ------------------------------ may be expressly provided in this Agreement with respect to the Series B Preferred Units------------------------------ Article IX, no Member shall have priority over any other Member, whether for either as to the return of a Capital Contribution capital Contributions or any portion of a Capital Account as to net profits, net losses or for a Distribution or an allocation of Net Profits or Net Lossesdistributions; provided, however, provided that this Section 3.8 shall not apply to loans or other indebtedness (as distinguished from a Capital ContributionContributions) made by which a Member has made to the Company.

Priority and Return of Capital. Except as specifically ------------------------------ may be expressly provided in ------------------------------ this Agreement with respect to the Series B Preferred UnitsArticle VIII, no Member or assignee shall have priority over any other MemberMember or assignee, whether for either as to the return of a Capital Contribution Contributions or any portion of a Capital Account as to Net Profits, Net Losses or for a Distribution or an allocation of Net Profits or Net Lossesdistributions; provided, however, provided that this Section 3.8 shall not apply to loans or other indebtedness (as distinguished from a Capital ContributionContributions) made by which a Member has made to the Company.

Priority and Return of Capital. Except as specifically ------------------------------ provided in this Agreement with respect to the Series B Preferred Units, no No Member shall have priority ------------------------------- over any other Member, whether for the return of a Capital Contribution or any portion of a Capital Account for Profits, Losses, or for a Distribution or an allocation of Net Profits or Net LossesDistributions; provided, however, that this Section 3.8 4.6 shall not apply to loans or other indebtedness (as distinguished from a Capital Contribution) made by a Member to the Company.