Common use of Priority and Return of Capital Clause in Contracts

Priority and Return of Capital. No Member shall have priority ------------------------------ over any other Member, whether for the return of a Capital Contribution or for Profits, Losses, or Distributions; provided, however, that this Section 4.6 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. No Except as may be expressly provided 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, Losses, Net Losses or Distributions; provided, however, that this Section 4.6 6.6 shall not apply to operating and other loans or other indebtedness (as distinguished from a Capital ContributionContributions and Member loans) made by which a Member has made to the CompanyCompany or to another Member.

Priority and Return of Capital. No Except as may be expressly 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 Distributions; provided, however, that this distributions. This Section 4.6 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. No 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, Losses or Distributionsa Distribution; provided, however, that this Section 4.6 shall not apply to loans or other indebtedness -------- ------- 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. No Member shall have priority ------------------------------ over any other Member, whether for the return of a Capital Contribution or for Net Profits, Losses, Net Losses or Distributionsa Distribution 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 indebtedness (as distinguished from a Capital Contribution) given, made or incurred by a Member to the CompanyCompany or any creditor of the Company or to any indebtedness of the Company to a Member in connection with any business transaction.

Priority and Return of Capital. No Member shall have priority ------------------------------ over any other Member, whether either for the return of a Capital Contribution Contributions or for Net Profits, Net Losses, or Distributionsdis- tributions; provided, however, provided that this Section 4.6 shall not apply to loans or other indebtedness (as distinguished from a Capital ContributionContributions) made by that a Member has made to the Company.

Priority and Return of Capital. No Except as 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, Losses or Distributionsdistributions; provided, however, provided that this Section 4.6 shall not apply to loans or other indebtedness (as distinguished from a Capital Contributioncapital contributions) made by which a Member has made to the CompanyVenture.

Priority and Return of Capital. No Except as may be expressly provided 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, Losses, Net Losses or Distributionsdistributions; provided, however, that that, this Section 4.6 section 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 Company.

Priority and Return of Capital. 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 Distributionsdistributions; provided, however, provided that this Section 4.6 9.5 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. No Except as may be expressly provided 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, Losses, Net Losses or Distributionsdistributions; provided, however, that that, this Section 4.6 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 Company.

Priority and Return of Capital. No Member shall have priority ------------------------------ over any other Member, whether for the return of a Capital Contribution or for Profitsa Distribution, Losses, or Distributions; except as herein provided, however, that this . This Section 4.6 3.4 shall not apply to loans repayment of any loan or other indebtedness (as distinguished from a Capital Contribution) made by a Member to the Company.

Priority and Return of Capital. No Member shall have priority ------------------------------ over any other Member, whether for the return of a Capital Contribution or for Net Profits, LossesNet Losses or a Distribution; PROVIDED, or Distributions; provided, howeverHOWEVER, that this Section 4.6 section shall not apply to loans loan or other indebtedness (as distinguished from a Capital Contribution) made by a Member to the Company.

Priority and Return of Capital. No Except as expressly 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 Distributionsdistributions; provided, however, provided that this Section 4.6 shall not apply to loans or other indebtedness (as distinguished from a Capital Contributioncapital contributions) made by which a Member has made to the Company.

Priority and Return of Capital. No Member Except as may be expressly provided 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 capital contributions or for Profitsas to net profits, Losses, net losses or Distributionsdistributions; provided, however, that that, this Section 4.6 section shall not apply -------- ------- to the repayment by the Company of loans or other indebtedness (as distinguished from capital contributions) which a Capital Contribution) member has made by a Member to the CompanyCompany .

Priority and Return of Capital. No Except as may be expressly provided 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, Losses, Net Losses or Distributionsdistributions; provided, however, that that, this Section 4.6 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 Company.

Priority and Return of Capital. No Except as otherwise 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, or Distributionsdistributions; provided, however, however that this Section 4.6 shall will not apply to loans or other indebtedness (as distinguished from a Capital ContributionContributions) made by that a Member has made to the Company.

Priority and Return of Capital. No Member shall have priority ------------------------------ over any other Member, whether either for the return of a Capital Contribution Contributions or for Net Profits, Net Losses, or Distributionsdis- 15 <PAGE> tributions; provided, however, provided that this Section 4.6 shall not apply to loans or other indebtedness (as distinguished from a Capital ContributionContributions) made by that a Member has made to the Company.. 6.5

Priority and Return of Capital. No Except as may be expressly provided in this LLC Agreement, no Member shall have priority ------------------------------ over any other Member, whether either for the return of a Capital Contribution Contributions or for Profits, Losses, or Distributionsdistributions; provided, however, provided that this Section 4.6 shall not apply to loans or other indebtedness (as distinguished from a Capital ContributionContributions) made by which a Member has made, with the approval of the Members Management Committee, to the Company.

Priority and Return of Capital. No Member shall have priority ------------------------------ ------------------------------- over any other Member, whether for the return of a Capital Contribution or for Profits, Losses, or Distributions; provided, however, that this Section 4.6 shall not apply to loans or other indebtedness (as distinguished from a Capital Contribution) made by a Member to the Company.