Common use of Government Claims Clause in Contracts

Government Claims. (A) Upon the Effective Date (as defined below), the Governments shall have allowed claims and expenses (collectively, the “Allowed Government Claims”) against the Debtors’ estates as follows: (1) An $8,499,773 allowed claim for administrative expenses, entitled to Chapter 11 administrative expense priority under Bankruptcy Code section 503(b)(1), in favor of the United States against MagCorp, as follows (and as summarized in Schedule I(A)(1) hereto): a. The United States on behalf of EPA shall have an allowed claim for Chapter 11 administrative expenses of $3,406,634 against MagCorp for CERCLA response costs related to the Xxxxxx Site (“Allowed EPA CERCLA Administrative Claim”). b. The United States on behalf of DOI (for BLM) shall have an allowed claim for Chapter 11 administrative expenses of $4,920,176 against MagCorp for reclamation of the Knolls Facility (“Allowed DOI (BLM) Reclamation Administrative Claim”). c. The United States on behalf of DOI (for BLM) shall have an allowed claim for Chapter 11 administrative expenses of $61,888 against MagCorp for CERCLA response costs related to the Xxxxxx Site (“Allowed DOI (BLM) CERCLA Administrative Claim”). d. The United States on behalf of DOI (for FWS and BLM) shall have an allowed claim for Chapter 11 administrative expenses of $42,106 against MagCorp for natural resource damages related to the Xxxxxx Site (“Allowed DOI (BLM and FWS) NRD Administrative Claim”). e. The United States on behalf of DOI (for BLM) shall have an allowed claim for Chapter 11 administrative expenses of $68,969 against MagCorp for rent related to the Knolls Facility (“Allowed DOI (BLM) Rent Administrative Claim”). (2) A $73,636,039 allowed general unsecured claim in favor of the U.S. against MagCorp and a $148,027 allowed general unsecured claim in favor of Utah against MagCorp, as follows (and as summarized in Schedule I(A)(2) hereto): a. The United States on behalf of EPA shall have an allowed general unsecured claim of $2,729,937 against MagCorp for past CERCLA response costs related to the Xxxxxx Site (“Allowed EPA CERCLA Past Response Costs General Unsecured Claim”). b. The United States on behalf of EPA shall have an allowed general unsecured claim of $68,421,063 against MagCorp for future CERCLA response costs related to the Xxxxxx Site (“Allowed EPA CERCLA Future Response Costs General Unsecured Claim”).