Common use of Priority of Payment Clause in Contracts

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

Appears in 4 contracts

Sources: 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 liquidation of the Company in the following order: : (a) Firstfirst, to creditors by the payment or provision provisions for payment of the debts and liabilities of the Company (including any loans or advances that may have been made by any Member or Affiliate) Company, 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 manner provided for in Section 4.1 hereofbalance of the Company’s assets to the Member.

Appears in 4 contracts

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

Priority of Payment. The assets of the Company will be distributed in Liquidation liquidation in the following order: (a) First, to 9.5.1 To creditors by the payment or provision for payment of the debts and liabilities of the Company (including any loans or advances that may have been made by any Member or Affiliate) and the expenses of Liquidationliquidation; (b) Second, to 9.5.2 To the setting up of any reserves that Campus Crest and HSRE determine are reasonably necessary for any contingent, conditional contingent or unmatured unforeseen liabilities or obligations of the Company; and; (c) Third9.5.3 The balance, if any, to the Members in accordance with Sections 7.1 or, to the manner provided for in extent applicable, Section 4.1 hereof7.2.

Appears in 2 contracts

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

Priority of Payment. The assets of the Company will be distributed in Liquidation liquidation in the following order: (a) First, to 7.5.1 To creditors by the payment or provision for payment of the debts and liabilities of the Company (including any loans or advances that may have been made by any Member or Affiliate) and the expenses of Liquidationliquidation; (b) Second, to 7.5.2 To the setting up of any reserves that Campus Crest and HSRE determine are reasonably necessary for any contingent, conditional contingent or unmatured unforeseen liabilities or obligations of the Company; and; (c) Third7.5.3 The balance, if any, to the Members in the manner provided for in accordance with Section 4.1 hereof5.1 and Section 5.2.

Appears in 1 contract

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

Priority of Payment. The assets of the Company will be distributed in Liquidation in the following order: (a) Firstto creditors, to creditors including Members who are creditors, by the payment or provision for payment of the debts and liabilities of the Company (including any loans or advances that may have been made by any Member or Affiliate) and the expenses of Liquidation; (b) Second, to the setting up of any reserves that Campus Crest and HSRE determine are reasonably necessary for any contingent, conditional contingent or unmatured unforeseen liabilities or obligations of the Company; and (c) Third, to the Members pro rata in proportion to the balances in the manner provided for in Section 4.1 hereofCapital Accounts.

Appears in 1 contract

Sources: Operating Agreement (Siebert Financial Corp)

Priority of Payment. The assets of the Company will be distributed in Liquidation liquidation of the Company in the following order: : (a) Firstfirst, to creditors by the payment or provision provisions for payment of the debts and liabilities of the Company (including any loans or advances that may have been made by any Member or Affiliate) Company, 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 manner provided for in Section 4.1 hereofbalance of the Company's assets to the Member.

Appears in 1 contract

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

Priority of Payment. The assets of the Company will be distributed in Liquidation in the following order: (a) Firstto creditors, to creditors including Members who are creditors, by the payment or provision for payment of the debts and liabilities of the Company (including any loans or advances that may have been made by any Member or Affiliate) and the expenses of Liquidation; (b) Second, to the setting up of any reserves that Campus Crest and HSRE determine are reasonably necessary for any contingent, conditional contingent or unmatured unforeseen liabilities or obligations of the Company; and (c) Third, to the Members pro rata in proportion to the manner provided for balances in Section 4.1 hereoftheir Capital Accounts.

Appears in 1 contract

Sources: Operating Agreement (Siebert Financial Corp)

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

Appears in 1 contract

Sources: Operating Agreement