Common use of Priority and Return of Capital Clause in Contracts

Priority and Return of Capital. Except as may be expressly provided in Article 10, no Shareholder shall have priority over any other Shareholder, either as to the return of Capital Contributions or as to Net Profits, Net Losses, or distributions. This Section 6.4 shall not apply to loans (as distinguished from Capital Contributions) which a Shareholder has made to the Company.

Appears in 2 contracts

Samples: Operating Agreement (National Boston Medical Inc), Operating Agreement (National Boston Medical Inc)

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Priority and Return of Capital. Except as may be expressly provided in Article 109, no Shareholder Equity Owner shall have priority over any other ShareholderEquity Owner, either as to the return of Capital Contributions or as to Net Profits, Net LossesLosses or Distributions; provided, or distributions. This however, that this Section 6.4 6.3 shall not apply to loans (as distinguished from Capital Contributions) which a Shareholder that an Equity Owner has made to the Company.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Rex Energy Corp), Limited Liability Company Agreement (Rex Energy Corp)

Priority and Return of Capital. Except as may be expressly provided in Article 1011, no Shareholder shall have priority over any other Shareholder, either as to the return of Capital Contributions or as to Net Profits, Net Losses, or distributions. This Section 6.4 7.4 shall not apply to loans (as distinguished from Capital Contributions) which that a Shareholder has made to the Company.

Appears in 1 contract

Samples: Operating Agreement (Aptitude Solutions, Inc.)

Priority and Return of Capital. Except as may be expressly ------------------------------ provided in Article 109, no Shareholder Equity Owner shall have priority over any other ShareholderEquity Owner, either as to the return of Capital Contributions or as to Net Profits, Net LossesLosses or Distributions; provided, or distributions. This however, that this Section 6.4 6.5 shall not apply to loans (as distinguished from Capital Contributions) which a Shareholder an Equity Owner has made to the Company.

Appears in 1 contract

Samples: Registration Agreement (Navigant International Inc)

Priority and Return of Capital. Except as may be expressly provided in Article 108, no Shareholder Equity owner shall have priority over any other ShareholderEquity owner, either as to the return of Capital Contributions capital contributions or as to Net Profitsnet profits, Net Losses, net losses or distributions. This ; provided that this Section 6.4 shall not apply to loans (as distinguished from Capital Contributionscapital contributions) which a Shareholder an Equity owner has made to the Company.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Shipyard River Coal Terminal Co)

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Priority and Return of Capital. Except as may be otherwise expressly provided in Article 10this Agreement, no Shareholder shall have priority over any other Shareholder, either as to the return of Capital Contributions or as to Net Profits, Net Losses, Losses or distributions. This Section 6.4 ; provided, however, that this Article shall not apply to loans (as distinguished from Capital Contributions) which a Shareholder has made to the Company.

Appears in 1 contract

Samples: Operating Agreement (Northern Technologies International Corp)

Priority and Return of Capital. Except as may be expressly provided in Article 1011, no Shareholder shall have priority over any other Shareholder, either as to the return of Capital Contributions or as to Net Profits, Net Losses, or distributions. This Section 6.4 7.4 shall not apply to loans (as distinguished from Capital Contributions) which a Shareholder has made to the Company.

Appears in 1 contract

Samples: Operating Agreement (Phoenix Container, Inc.)

Priority and Return of Capital. Except as may be expressly provided in this Article 10, no Shareholder Equity Owner shall have priority over any other ShareholderEquity Owner, either as to the return of Capital Contributions or as to Net Profits, Net Losses, Losses or distributions. This Distributions; provided that this Section 6.4 10.12 shall not apply to loans (as distinguished from Capital Contributions) which a Shareholder an Equity Owner has made to the Company.

Appears in 1 contract

Samples: Operating Agreement (Pan American Gold Corp)

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