Superpriority Claim an application shall be filed by the Borrower or any of its Subsidiaries for the approval of any other Superpriority Claim in any of the Chapter 11 Cases that is pari passu with or senior to the claims of the Administrative Agent and the Lenders against the Loan Parties hereunder, or there shall arise or be granted any such pari passu or senior Superpriority Claim, in each case except for (i) the Carve-Out and (ii) the Senior Third Party Liens; or
Superpriority Claim. Buyer shall have (and is hereby granted by Seller) a superpriority administrative expense claim senior to all other administrative expenses in the Seller Case in an amount equal to the sum of the Break-Up Fee and the Deposit (together with interest thereon) and the Expense Reimbursement. The grant of the superpriority claim described herein shall be included in the Break-Up Fee Order.
Superpriority Claim. Incur, create, assume, suffer to exist or permit any other Superpriority Claim which is pari passu with or senior to the claims of the Administrative Agent and the Lenders against the U.S. Borrower or any of its Subsidiaries, except as expressly stated in the Orders.
Superpriority Claim. The Bankruptcy Court grants a Superpriority Claim or Lien on the Collateral which is pari passu with or senior to the DIP Superpriority Claims or DIP Liens of the Secured Parties, in each case other than with respect to the Carve-Out or as permitted by the DIP Order or the Hedging Order; or
Superpriority Claim. The Lender is hereby granted an allowed superpriority administrative expense claim, pursuant to section 364(c)(1) of the Bankruptcy Code (the “Superpriority Claim”), for all DIP Obligations, having priority over any and all other claims against the Debtors and their estates, now existing or hereafter arising, of any kind whatsoever, including, without limitation, all administrative expenses of the kinds specified in or arising or ordered under sections 105(a), 326, 328, 330, 331, 503(b), 506(c), 507, 546(c), 726, and 1114 of the Bankruptcy Code, whether or not such expenses or claims may become secured by a judgment lien or other non-consensual lien, levy, or attachment, which Superpriority Claim shall be payable from and have recourse to all prepetition and postpetition property of the Debtors and their estates and all proceeds thereof. The Superpriority Claim granted in this paragraph shall be subject and subordinate in priority of payment only to the Carve-Out and the allowed superpriority administrative expense claims granted to DISH and the Senior Noteholders pursuant to the Final Cash Collateral and Adequate Protection Order. Except as expressly set forth herein or in the Final Cash Collateral and Adequate Protection Order, no other Superpriority Claim shall be granted or allowed in these Chapter 11 Cases. For the avoidance of doubt, the Superpriority Claim may be satisfied from the proceeds of the Avoidance Actions (as defined herein) otherwise in excess of the first $5 million of proceeds of any Avoidance Actions (consistent with and as set forth in paragraph 8(a) of the Final Cash Collateral and Adequate Protection Order), other than Avoidance Actions or the proceeds of Avoidance Actions against a person or entity that is a Prepetition Lender,5 Senior Noteholder or Lender, provided, however,
Superpriority Claim. A claim against a Borrower or its estate in its Case which is an administrative expense claim having priority over (i) any and all allowed administrative expenses and (ii) unsecured claims now existing or hereafter arising, including, without limitation, administrative expenses of the kind specified in Section 503(b), 506(c) or 507(b) of the Bankruptcy Code. SWING BANK. As defined in the preamble hereto. SWING LINE LOANS. Loans made pursuant toss.2.8. SYNDICATION AGENT. As defined in the preamble hereto. TERMINATION DATE. The earlier to occur of (i) December 18, 2002, and (ii) the effective date of a Reorganization Plan that has been confirmed by an order of the Bankruptcy Court. The date referred to in the foregoing clause (i) may, in the sole discretion of the Agents and the Required Banks, be extended one or more times to a date no later than June 18, 2003. In connection with any such extension, the Agents and the Required Banks may require such additional financial information under ss.10.4 and such amendments to ss.12 of this Credit Agreement as may in their discretion be necessary or advisable to provide for such extension. The Agents may also require other amendments to this Credit Agreement that are coordinate amendments to reflect such extension and which do not increase the obligations of the Borrowers or decrease the rights of the Borrowers in any material respect from the obligations and rights of the Borrowers provided for in this Credit Agreement prior to such extension. TERMINATION DECLARATION DATE. The earliest to occur of (i) the date on which the Administrative Agent declares all Obligations to be due and payable on account of an Event of Default, (ii) the date on which the Administrative Agent declares a termination of the Commitments on account of an Event of Default, and (iii) the Termination Date.
Superpriority Claim. Buyer shall have (and is hereby granted by Seller) a superpriority administrative expense claim senior to all other administrative expenses in the Seller Case, subject however to the priority of the Expense Reimbursement and Penn Deposit owed to Penn pursuant to the terms of the Penn Purchase Agreement, in an amount equal to the sum of the Deposit (together with interest thereon).
Superpriority Claim. Lender shall be deemed to have an allowed superpriority administrative expense claim (the “Superpriority Claim”) in an amount equal to all Obligations pursuant to Section 364(c)(1) of the Bankruptcy Code over all other administrative expenses in the Chapter 11 case of the kind specified or arising or ordered pursuant to Sections 105, 326, 328, 330, 331, 503(a), 503(b), 506(c), 507(a), 507(b), 726 or 1114 of the Bankruptcy Code. The Superpriority Claim shall not attach to any Avoidance Claims or any Avoidance Proceeds.
Superpriority Claim. The Company’s obligations to the Holder under this Note (and the holders of the Other Notes) shall constitute allowed superpriority administrative expense claims in the Company’s Chapter 11 Case pursuant to section 364(c)(1) of the Bankruptcy Code (the “Superpriority Claims”), having priority over all other costs and expenses of administration of any kind, including those specified in, or ordered pursuant to, sections 105, 326, 328, 330, 331, 363, 364, 503, 506, 507, 546, 726, 1113 or 1114 or any other provision of the Bankruptcy Code or otherwise (whether incurred in the Company’s Chapter 11 Case or any successor case under any chapter of the Bankruptcy Code), and shall at all times be senior to the rights of the Company or any domestic or foreign subsidiary or affiliate of the Company, any successor trustee or estate representative, or any other creditor or party in interest in the Chapter 11 Case or any successor case; provided, however, that the foregoing provision shall (i) be limited solely to a Superpriority Claim against only the Collateral and not against any other assets of the Company and (ii) not create any priority or seniority to any claims of Laurus Master Fund Ltd. (In Liquidation) and its Affiliates, Corps Real, LLC or Accentia Biopharmaceuticals, Inc. in any and all assets of the Company (excluding the Collateral). No cost or expense of administration in the Company’s Chapter 11 Case under any provision of the Bankruptcy Code, including, but not limited to, sections 105, 326, 328, 330, 331, 363, 364, 503, 506, 507, 546, 726, 1113 or 1114 or any other provision of the Bankruptcy Code or otherwise (whether incurred in the Company’s Chapter 11 Case or any successor case under any chapter of the Bankruptcy Code), shall be senior to, equal to, or pari passu with, the allowed Superpriority Claims granted the holders of the Notes hereunder; provided, however, that the foregoing provision shall (i) be limited solely to a Superpriority Claim against only the Collateral and not against any other assets of the Company and (ii) not create any priority or seniority to any claims of Laurus Master Fund Ltd. (In Liquidation) and its Affiliates, Corps Real, LLC or Accentia Biopharmaceuticals, Inc. in any and all assets of the Company (excluding the Collateral). The allowed Superpriority Claim granted the Holder and the holder of the Other Notes hereunder against only the Collateral and not against any other assets of the Company shall continue in the Comp...
Superpriority Claim. An order of the Bankruptcy Court shall be entered granting another Superpriority Claim or Lien pari passu with or senior to that granted to the DIP Collateral Agent and the DIP Lenders pursuant to the Agreement and the Orders.
