Common use of Administrative Priority Clause in Contracts

Administrative Priority. Pursuant to Section 364(c)(1) of the Bankruptcy Code and as provided for in the Final Bankruptcy Court Order, each of the Borrowers agrees that all Obligations of the Debtor Borrowers under this Agreement shall constitute allowed administrative expenses in the Chapter 11 Cases having priority over all administrative expenses of and unsecured claims against the Debtor Borrowers now existing or hereafter arising, of any kind or nature whatsoever, including without limitation all administrative expenses of the kind specified in Sections 503(b) and 507(b) of the Bankruptcy Code, subject, as to priority, only to Carve-Out Expenses having priority over the Obligations to the extent set forth in the definition of Agreed Administrative Expense Priorities.

Appears in 2 contracts

Samples: Debt Financing Agreement (Oakwood Homes Corp), Debtor in Possession Financing Agreement (Oakwood Homes Corp)

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Administrative Priority. Pursuant to Section 364(c)(1) Each of the Bankruptcy Code Borrower and as provided Guarantors agrees for in itself that the Final Bankruptcy Court Order, each of the Borrowers agrees that all Obligations of the Debtor Borrowers under this Agreement such Person shall constitute allowed administrative expenses in the Chapter 11 Cases Cases, having priority over all administrative expenses of and unsecured claims against the Debtor Borrowers such Person now existing or hereafter arising, of any kind or nature whatsoever, including including, without limitation limitation, all administrative expenses of the kind specified in in, or arising or ordered under, Sections 105, 326, 328, 503(b), 506(c), 507(a), 507(b), 546(c) and 507(b) 1114 of the Bankruptcy Code, subject, as to priority, only to Carve-Out Expenses having priority of payment over the Obligations to the extent set forth in the definition of Agreed Administrative Expense Priorities.

Appears in 2 contracts

Samples: Financing Agreement (Oglebay Norton Co /Ohio/), Financing Agreement (Oglebay Norton Co /Ohio/)

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