Allowed Claims. The Lease Trustee, as indenture trustee for the Lease Certificate Holders, will be granted the following allowed claims in the Chapter 11 Cases (subject to the limitations set forth below): (1) a senior unsecured claim equal to $540,000,000 against DH on account of all claims arising under or relating to the Lease Guarantees or otherwise under any of the other Lease Documents (the “Guaranty Claim”); (2) an unsecured claim equal to $454,717,690 against Dynegy Roseton on account of all claims arising under or relating to the Roseton Facility and Roseton Lease Documents; (3) an unsecured claim equal to $85,282,310 against Dynegy Danskammer on account of all claims arising under or relating to the Danskammer facility and Danskammer Lease Documents (the claims set forth in the preceding clauses (2) and (3), the “R&D Claims”); (4) an administrative expense claim against Dynegy Roseton on account of postpetition accrued rent, plus additional amounts that may accrue thereafter pursuant to the Roseton Lease Documents (equal to $42,176,760); and (5) an administrative expense claim against Dynegy Danskammer on account of postpetition accrued rent, plus additional amounts that may accrue thereafter pursuant to the Danskammer Lease Documents (equal to $3,154,179) (the claims set forth in the preceding clauses (4) and (5), the “Lease Administrative Claims,” and together with the claims set forth in the preceding clauses (1), (2) and (3), the “Lessor Claims”). Other than any claims for trustee and professional fees in the Chapter 11 Cases as described herein or in the Plan Support Agreement, under no circumstances will the Lease Trustee or the Lease Certificate Holders be entitled to any administrative claims against DH, and the only claims of the Lease Trustee or the Lease Certificate Holders to be allowed as against DH shall be the Guaranty Claim.
Allowed Claims. “Allowed Claims” are limited to the following circumstances.
Allowed Claims. 4. In settlement and satisfaction of the US NRD Claim with respect to the Kin-Buc Site, the United States, on behalf of NOAA, shall have an Allowed General Unsecured Claim in the amount of $26,318, for past assessment costs only, classified in Class 3 under the Plan of Liquidation.
5. In settlement and satisfaction of the US NRD Claim with respect to the National Lead Site, the United States, on behalf of NOAA, shall have an Allowed General Unsecured Claim in the amount of $374 for past assessment costs only, classified in Class 3 under the Plan of Liquidation.
6. In settlement and satisfaction of the US NRD Claim with respect to the Diamond Alkali Site, the United States, on behalf of DOI, shall have an Allowed General Unsecured Claim in the amount of $44,721, for past assessment costs only, classified in Class 3 under the Plan of Liquidation.
(a) In settlement and full satisfaction of the New York NRD Claim and the Tribe NRD Claim, and in settlement and satisfaction of the US NRD Claim with respect to the Massena Site, the United States on behalf of DOI and NOAA, New York and the St. Regis Mohawk Tribe (collectively, “the Joint Massena Trustees”) shall have a total Allowed General Unsecured Claim in the amount of $9,500,000.00, classified in Class 3 under the Plan of Liquidation (the “Massena NRD Allowed Claim”), which includes (i) restoration costs at the Massena Site sought by the Joint Massena Trustees; (ii) DOI’s past assessment costs incurred at the Massena Site; (iii) NOAA’s past assessment costs incurred at the Massena Site;
Allowed Claims. Pursuant to the Final Order, the following claims shall be allowed as general unsecured claims in the Bankruptcy Cases: (a) SMEP will have a general unsecured claim against SemMaterials, KC Asphalt and SemGroup (joint and several) in the amount of $35,000,000 as a result of the rejection of the Terminalling and Storage Agreement (the “Terminalling Agreement Allowed Claim”); and (b) SGLP and SGEP will have a general unsecured claim against SemCrude, Eaglwing and SemGroup (joint and several) in the amount of $20,000,000 as a result of the rejection of the Throughput Agreement (the “Throughput Agreement Allowed Claim”).
Allowed Claims. Upon distributions under the Settlement Order as contemplated in this document, as part of this settlement, Debtors will agree that the proofs of claims (including all claims contemplated by the POC Order) filed by the Non-Debtor Settling Parties (each, an “Allowed Non-Debtor Settling Party Claim,” and collectively, the “Allowed Non-Debtor Settling Party Claims”) should be allowed as a general unsecured claim less any distribution received by such party. Nothing in this Agreement shall release such general allowed unsecured claim as such a claim relates to any distribution to be made to general unsecured creditors in the Bankruptcy Cases.
Allowed Claims. Allowed Claims other than those set forth in -------------- Section 2.04.
Allowed Claims. The Board will be entitled to have the Administrative Expenses, Priority Wage Claims, and General Unsecured Claims allowed against Orchids’ estate in the foregoing aggregate amounts on behalf of the Impacted Individuals (collectively, the “Allowed Claims”). 1 The specific amounts due each Impacted Individual for each of these categories are set forth in Appendix 1.
Allowed Claims. The Liquidation Agent shall make the distributions to -------------- the holders of Allowed Claims pursuant to the Plan. The maximum aggregate distributions to the holders of such Allowed Claims shall be payment in full of the Allowed Claims. The Liquidation Agent shall distribute at least semi-annually to the Beneficiaries the net income accrued on the Trust Estate through the date of such distribution plus all of the net proceeds from the disposition of the assets after setting aside appropriate amounts for the Litigation Reserve and other expenses incurred by the Liquidating Trust.
Allowed Claims. 4.1 With respect to the Mercury Refining Superfund Site, the United States on behalf of EPA shall have an allowed claim of $1,644,445 (the “Mercury Refining Allowed Claim”) and, with respect to the Fair Lawn Well Field Superfund Site, the United States on behalf of EPA shall have an allowed claim of $2,116,682 (the “Fair Lawn Allowed Claim,” and, together with the Mercury Refining Allowed Claim, the “EPA Allowed Claims”). Except to the extent of setoff described below, the EPA Allowed Claims shall be paid as Class 4 General Unsecured Claims under the Plan.
4.2 The Debtors and Reorganized Debtors acknowledge that, pursuant to the terms of the US EBP Settlement Agreement, the United States shall apply 38.17% of the IRS Refund Amount (the “Superfund Claims Setoff Amount”) as a setoff to satisfy a portion of the EPA Allowed Claims. The United States shall allocate $2,000,000 of the Superfund Claims Setoff Amount to the Fair Lawn Allowed Claim and the remainder of the Superfund Claims Setoff Amount to the Mercury Refining Allowed Claim. Promptly after application of all or part of the IRS Refund Amount as a setoff, the United States shall notify the Reorganized Debtors in writing of the amount of the IRS Refund Amount applied to the EPA Allowed Claims, and the unsatisfied amounts of these claims will be reduced accordingly. Upon such notification, the portions of the EPA Allowed Claims set off by the Superfund Claims Setoff Amount shall be deemed fully and finally satisfied.
4.3 The EPA Allowed Claims, less the Superfund Claims Setoff Amount applied to each such claim (the “Remaining EPA Allowed Amounts”), shall be paid as Class 4 General Unsecured Claims and shall receive the same treatment under the Plan, without discrimination, as all other allowed Class 4 General Unsecured Claims, with all attendant rights provided by the Bankruptcy Code and other applicable law. In no event shall such Remaining EPA Allowed Amounts be senior or subordinated to any other allowed Class 4 General Unsecured Claim pursuant to any provision of the Bankruptcy Code or other applicable law that authorizes or provides for subordination of allowed claims, including, without limitation, Sections 105, 510, and 726(a)(4) of the Bankruptcy Code. Kodak shall make applicable distributions under Section
Allowed Claims. Professional Fee Claim A Claim for the compensation of professionals and the reimbursement of expenses incurred by such professionals through and including the Effective Date to the extent such fees and expenses have not been previously paid. RBL Agent Advisors RBL Agent Counsel and Huron Consulting Group Inc., as financial advisor to the RBL Agent. RBL Agent Counsel Xxxxxxxx Xxxxxxx, Lawyers PLLC and Xxxxxxxxx LLP, as counsel to the RBL Agent. RBL Credit Agreement That certain Senior Credit Agreement dated as of September 13, 2011 (as amended, restated, modified, supplemented, or replaced from time to time) among Unit Corp., UDC, and UPC, as borrowers, BOKF NA dba Bank of Oklahoma, as administrative agent, and the RBL Lenders. RBL Facility The reserve-based lending revolving credit facility pursuant to the RBL Credit Agreement. RBL Lenders The lenders party to the RBL Credit Agreement, in their capacity as such. RBL Secured Claims Claims arising under or in connection with the RBL Facility. Reorganized Debtors Each of the Debtors as reorganized (including Reorganized Unit Corp.) on the Effective Date.
