Common use of Priority of Payment Clause in Contracts

Priority of Payment. The assets of the Company will be distributed in liquidation of the Company in the following order: (a) first, to creditors by the payment or provisions for payment of the debts and liabilities of the Company, and the expenses of liquidation, (b) second, to the setting up of any reserves that are reasonably necessary for any contingent, conditional or unmatured liabilities or obligations of the Company, and (c) third, the balance of the Company’s assets to the Member.

Appears in 4 contracts

Samples: Limited Liability Company Operating Agreement (Gci Inc), Operating Agreement (Starz, LLC), Limited Liability Company Agreement (Starz, LLC)

AutoNDA by SimpleDocs

Priority of Payment. The assets of the Company will be distributed in liquidation of the Company Liquidation in the following order: : (a) firstFirst, to creditors by the payment or provisions provision for payment of the debts and liabilities of the Company, Company (including any loans or advances that may have been made by any Member or Affiliate) and the expenses of liquidation, Liquidation; (b) secondSecond, to the setting up of any reserves that Campus Crest and HSRE determine are reasonably necessary for any contingent, conditional or unmatured liabilities or obligations of the Company, and ; and (c) thirdThird, in the balance of the Company’s assets to the Membermanner provided for in Section 4.1 hereof.

Appears in 4 contracts

Samples: Operating Agreement (Campus Crest Communities, Inc.), Operating Agreement (Campus Crest Communities, Inc.), Purchase and Sale Agreement (Campus Crest Communities, Inc.)

Priority of Payment. The assets of the Company will be distributed in liquidation of the Company Liquidation in the following order: (Information indicated by [***] in the text has been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for Confidential Treatment under Rule 24b-2 under the Securities Exchange Act of 1934. [a) first] First, to creditors by the payment or provisions provision for payment of the debts and liabilities of the Company, Company (other than any loans or advances that may have been made by any Member or any Affiliate of a Member) and the expenses of liquidation, (b) second, to the setting up of any reserves that are reasonably necessary for any contingent, conditional or unmatured liabilities or obligations of the Company, and (c) third, the balance of the Company’s assets to the Member.Liquidation;

Appears in 2 contracts

Samples: Asset Purchase and Contribution Agreement (Alaska Communications Systems Group Inc), Asset Purchase and Contribution Agreement (Alaska Communications Systems Group Inc)

Priority of Payment. The assets of the Company will be distributed in liquidation of the Company in the following order: (a) first, to : 9.5.1 To creditors by the payment or provisions provision for payment of the debts and liabilities of the Company, Company (including any loans that may have been made by any Member or Affiliate) and the expenses of liquidation, (b) second, to ; 9.5.2 To the setting up of any reserves that are reasonably necessary for any contingent, conditional contingent or unmatured unforeseen liabilities or obligations of the Company; 9.5.3 The balance, and (c) thirdif any, the balance of the Company’s assets to the MemberMembers in accordance with Sections 7.1 or, to the extent applicable, Section 7.2.

Appears in 2 contracts

Samples: Operating Agreement, Operating Agreement (KBS Real Estate Investment Trust, Inc.)

Priority of Payment. The assets of the Company will be distributed in liquidation of the Company Liquidation in the following order: : (a) firstto creditors, to creditors including Members who are creditors, by the payment or provisions provision for payment of the debts and liabilities of the Company, Company and the expenses of liquidation, Liquidation; (b) second, to the setting up of any reserves that are reasonably necessary for any contingent, conditional contingent or unmatured unforeseen liabilities or obligations of the Company, and ; and (c) third, the balance of the Company’s assets to the MemberMembers pro rata in proportion to the balances in their Capital Accounts.

Appears in 1 contract

Samples: Operating Agreement (Siebert Financial Corp)

Priority of Payment. The assets of the Company will be distributed in liquidation of the Company Liquidation in the following order: (a) firstFirst, to creditors by the payment or provisions provision for payment of the debts and liabilities of the Company, Company (including any loans or advances that may have been made by any Member or Affiliate) and the expenses of liquidation, Liquidation; (b) secondSecond, to the setting up of any reserves that Campus Crest and HSRE determine are reasonably necessary for any contingent, conditional or unmatured liabilities or obligations of the Company, ; and (c) thirdThird, in the balance of the Company’s assets to the Membermanner provided for in Section 4.1 hereof.

Appears in 1 contract

Samples: Operating Agreement

AutoNDA by SimpleDocs

Priority of Payment. The assets of the Company will be distributed in liquidation of the Company in the following order: (a) first, to creditors by the payment or provisions for payment of the debts and liabilities of the Company, and the expenses of liquidation, (b) second, to the setting up of any reserves that are reasonably necessary for any contingent, conditional or unmatured liabilities or obligations of the Company, and (c) third, the balance of the Company’s 's assets to the Member.

Appears in 1 contract

Samples: Operating Agreement (Grizzly Merger Sub 1, LLC)

Priority of Payment. The assets of the Company will be distributed in liquidation of the Company in the following order: (a) first, to : 7.5.1 To creditors by the payment or provisions provision for payment of the debts and liabilities of the Company, Company (including any loans that may have been made by any Member or Affiliate) and the expenses of liquidation, (b) second, to ; 7.5.2 To the setting up of any reserves that are reasonably necessary for any contingent, conditional contingent or unmatured unforeseen liabilities or obligations of the Company; 7.5.3 The balance, and (c) thirdif any, the balance of the Company’s assets to the MemberMembers in accordance with Section 5.1 and Section 5.2.

Appears in 1 contract

Samples: Operating Agreement (KBS Real Estate Investment Trust, Inc.)

Priority of Payment. The assets of the Company will be distributed in liquidation of the Company Liquidation in the following order: : (a) firstto creditors, to creditors including Members who are creditors, by the payment or provisions provision for payment of the debts and liabilities of the Company, Company and the expenses of liquidation, Liquidation; (b) second, to the setting up of any reserves that are reasonably necessary for any contingent, conditional contingent or unmatured unforeseen liabilities or obligations of the Company, and ; and (c) third, the balance of the Company’s assets to the MemberMembers pro rata in proportion to the balances in the Capital Accounts.

Appears in 1 contract

Samples: Operating Agreement (Siebert Financial Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!