Common use of Priority and Return of Capital Clause in Contracts

Priority and Return of Capital. Except as otherwise expressly provided in this LLC Agreement, no Member or Economic Interest Owner shall have priority over any other Member or Economic Interest Owner, either for the return of Capital Contributions or for Net Profits, Net Losses or distributions; provided that this Section shall not apply to loans (as distinguished from Capital Contributions) which a Member has made to the Company.

Priority and Return of Capital. Except as otherwise expressly provided in this LLC Agreement, no Member or Economic Interest Owner shall will have priority over any other Member or Economic Interest Owner, either for the return of Capital Contributions or for Net Profits, Net Losses Losses, or distributions; provided that this . This Section shall and the rest of Article X will not apply to loans (as distinguished from Capital Contributions) which that a Member has made to the CompanyCompany in accordance with this LLC Agreement.

Priority and Return of Capital. Except as otherwise may be expressly provided in this LLC AgreementArticle IX, no Member or Economic Interest Owner shall have priority over any other Member or Economic Interest Owner, either for as to the return of Capital Contributions or for as to Net Profits, Net Losses or distributions; provided that this Section shall not apply to loans (as distinguished from Capital Contributions) which a Member has made to the Company.

Priority and Return of Capital. Except as otherwise may be expressly provided in this LLC AgreementArticle IX, no Member or Economic Interest Owner shall have priority over any other Member or Economic Interest Owner, either for the return of Capital Contributions or for Net Profits, Net Losses Losses, or distributions; provided that this Section section shall not apply to loans (as distinguished from Capital Contributions) which a Member has made to the Company.

Priority and Return of Capital. Except as otherwise may be expressly provided in this LLC AgreementArticle IX, no Member or Economic Interest Owner Holder shall have priority over any other Member or Economic Interest OwnerHolder, either for as to the return of Capital Contributions or for Net as to Profits, Net Losses or distributions; provided that this . This Section shall not apply to loans (as distinguished from Capital Contributions) which a Member has made makes to the Company.

Priority and Return of Capital. Except as otherwise may be expressly provided in this LLC Agreement, no Member or Economic Interest Owner shall have priority over any other Member or Economic Interest Owner, either for the return of Capital Contributions or for Net ProfitsCash from Operations or from Sales or Refinancings, Net Losses or distributions; provided that this Section section shall not apply to loans (as distinguished from Capital Contributions) which a Member has made to the Company.

Priority and Return of Capital. Except as otherwise may be expressly provided in or pursuant to this LLC Agreement, no Member or Economic Interest Owner shall have priority over any other Member or Economic Interest Owner, either for as to the return of Capital Contributions or for as to Net Profits, Net Losses or distributions; provided that this Section shall not apply to loans (as distinguished from Capital Contributions) which a Member has made to the Company.

Priority and Return of Capital. Except as otherwise expressly provided in this LLC Agreement, no No Member or Shareholder or Economic Interest Owner shall have priority over any other Member or Shareholder or Economic Interest Owner, either for as to the return of Capital Contributions or for as to Net Profits, Net Losses or distributions; provided that this . This Section shall not apply to loans (as distinguished from Capital Contributions) ), which a Member or Shareholder has made to the Company.

Priority and Return of Capital. Except as otherwise expressly provided in this LLC Agreementherein, no Member or Economic Financial Interest Owner shall have priority over any other Member or Economic Financial Interest Owner, either for as to the return of Capital Contributions or for Net as to Profits, Net Losses or distributionsDistributions; provided that this Section shall not apply to loans a loan (as distinguished from Capital Contributions) which a Member has made to the Company.

Priority and Return of Capital. Except as otherwise may be expressly provided in this LLC AgreementArticle VIII, no Member or Economic Interest Owner shall have priority over any other Member or Economic Interest Owner, either for the return of Capital Contributions or for Net Profits, Net Losses Losses, or distributions; provided that this Section section shall not apply to loans (as distinguished from Capital Contributions) which a Member has made to the Company.

Priority and Return of Capital. Except as otherwise may be expressly provided in this LLC AgreementArticle IX, no Member or Economic Interest Owner shall have priority over any other Member or Economic Interest Owner, either for as to the return of Capital Contributions capital contributions or for as to Net Profits, Net Losses or distributions; provided that this Section shall not apply to loans (as distinguished from Capital Contributions) which a Member has made to the Company.

Priority and Return of Capital. Except as otherwise may be expressly provided in this LLC AgreementArticles VIII or IX, no Member or Economic Interest Owner shall have priority over any other Member or Economic Interest Owner, either for as to the return of Capital Contributions or for Net as to Profits, Net Losses or distributions; provided that this Section shall not apply to loans (as distinguished from Capital Contributions) which a Member has made to the Company.

Priority and Return of Capital. Except as otherwise may be expressly provided in this LLC AgreementArticles VIII or IX, no Member or Economic Interest Owner shall have priority over any other Member or Economic Interest Owner, either for as to the return of Capital Contributions or for Net as to Profits, Net Losses or distributions; provided that this Section shall not apply to loans Preference Loans (as distinguished from Capital Contributions) which a Member has made to the Company.

Priority and Return of Capital. Except as otherwise may be expressly provided in this LLC AgreementArticle IX, no Member or Economic Interest Owner shall have priority over any other Member or Economic Interest Owner, either for as to the return of Capital Contributions or for as to Net Profits, Net Losses or distributions; provided that this Section shall not apply to loans (as distinguished from Capital Contributions) which a Member has made to the Company.. OPERATING AGREEMENT OF BADLANDS POWER FUELS, LLC, A NORTH DAKOTA LIMITED LIABILITY COMPANY

Priority and Return of Capital. Except as otherwise may be expressly provided in this LLC AgreementArticle IX, no Member or Economic Interest Owner shall have priority over any other Member or Economic Interest Owner, either for as to the return of Capital Contributions or for as to Net Profits, Net Losses or distributions; provided that this Section section shall not apply to loans (as distinguished from Capital Contributions) which a Member has made to the Company.

Priority and Return of Capital. Except as otherwise expressly provided in this LLC AgreementArticle IX and as otherwise provided herein, no Member or Economic Interest Owner shall have priority over any other Member or Economic Interest Owner, either for as to the return of Capital Contributions or for as to Net Profits, Net Losses or distributions; provided that this . This Section shall not apply to loans (as distinguished from Capital Contributions) which a Member or Economic Interest Owner has made to the Company.

Priority and Return of Capital. Except as otherwise may be expressly provided in this LLC AgreementArticle IX, no Member or Economic Interest Owner shall have priority over any other Member or Economic Interest Owner, either for the return of Capital Contributions or for Net Profits, Net Losses Losses, or distributions; provided that this Section section shall not apply to loans (as distinguished from Capital Contributions) which a Member has made to the Company.. 6.08

Priority and Return of Capital. Except as otherwise expressly provided in this LLC Agreement, no Member or Economic Interest Owner shall have priority over any other Member or Economic Interest Owner, either for the return of Capital Contributions or for Owner as to Net Profits, Net Losses or distributions; provided that this Section 4.8 shall not apply to loans (as distinguished from Capital Contributions) which a Member has made to the Company.