Super Priority Administrative Claims Sample Clauses

Super Priority Administrative Claims. {00343138-5} In addition to the Interim Borrowing Liens and Final Borrowing Liens granted pursuant to Sections 364(c)(2), (c)(3) and (d)(1) of the Bankruptcy Code, the DIP Lender shall also have and be entitled, pursuant to Section 364(c)(1) of the Bankruptcy Code, to a superpriority administrative expense claim in the amount of all DIP Obligations (the “Superpriority Claim”) with priority over all other costs and expenses of the kinds specified in, or ordered pursuant to, Sections 105, 326, 330, 331, 503(b), 506(c), 507(a), 507(b), 726, 1114 or any other provisions of the Bankruptcy Code, subject only to the Carve-Out (defined below). The Superpriority Claims to be granted to the DIP Lender under the DIP Loan Documents and the DIP Facility Orders may not be the basis to avoid or recover any payments made for legitimate obligations of the Debtors pursuant to the then applicable DIP Budget (and the unfavorable 12% variance) in the ordinary course of business. The DIP Obligations of the Debtors shall be joint and several. To the extent any Debtor is required to repay an amount disproportionate to funds it obtains through the DIP Facility, it shall be entitled to a superpriority claim against the other Debtors under 11 U.S.C. § 364(c)(1), which claim is junior in all respects to the Superpriority Claim of the DIP Lender. So long as there is no Event of Default (or an event for which notice of default, if required, has been given and which with the lapse of time would constitute an Event of Default) the allowed professional fees and disbursements incurred in the Chapter 11 Cases may be paid, as permitted by and subject to the DIP Budget, subject to entry of an order of the Bankruptcy Court allowing for the interim payment of such amounts, and subject further to final Bankruptcy Court approval of any such professional fees and disbursements. Upon an Event of Default (or an event for which notice of default has been given and which with the lapse of time would constitute an Event of Default), the DIP Lender’s liens on the Collateral and the DIP Lender’s administrative claims provided for herein shall be subject to a carve out (the “Carve-Out”) in an amount not to exceed (i) fees pursuant to 28 U.S.C. § 1930 and any fees payable to the clerk of the Bankruptcy Court that are due upon the occurrence of an Event of Default; (ii) fees and expenses due to professionals employed by the Debtors, for services rendered as debtors and/or chapter 11 debtors in possession th...
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Related to Super Priority Administrative Claims

  • Priority Hiring If the Contract Amount is over $200,000 and this Agreement is for services (other than Consulting Services), this section is applicable. Contractor shall give priority consideration in filling vacancies in positions funded by this Agreement to qualified recipients of aid under Welfare and Institutions Code section 11200 in accordance with PCC 10353.

  • Priority If the Managing Underwriter or Underwriters of any proposed Underwritten Offering of Common Units included in an Underwritten Offering involving Included Registrable Securities advises the Partnership that the total amount of Common Units that the Selling Holders and any other Persons intend to include in such offering exceeds the number that can be sold in such offering without being likely to have an adverse effect on the price, timing or distribution of the Common Units offered or the market for the Common Units, then the Common Units to be included in such Underwritten Offering shall include the number of Registrable Securities that such Managing Underwriter or Underwriters advises the Partnership can be sold without having such adverse effect, with such number to be allocated (i) first, to the Partnership and (ii) second, pro rata among the Selling Holders who have requested participation in such Underwritten Offering and any other holder of securities of the Partnership having rights of registration that are neither expressly senior nor subordinated to the Registrable Securities (the “Parity Securities”). The pro rata allocations for each Selling Holder who has requested participation in such Underwritten Offering shall be the product of (a) the aggregate number of Registrable Securities proposed to be sold in such Underwritten Offering multiplied by (b) the fraction derived by dividing (x) the number of Registrable Securities owned on the Closing Date by such Selling Holder by (y) the aggregate number of Registrable Securities owned on the Closing Date by all Selling Holders plus the aggregate number of Parity Securities owned on the Closing Date by all holders of Parity Securities that are participating in the Underwritten Offering.

  • Compensation Claims (a) The Employer agrees to cooperate toward the prompt disposition of employee on-the-job injury claims. The Employer shall provide worker’s compensation protection for all employees even though not required by state law, or the equivalent thereof, if the injury arose out of or in the course of employment. No employee will be disciplined or threatened with discipline as a result of filing an on-the-job injury report. The Employer or its designee shall not visit an injured worker at his/her home, at a hospital or any location outside the employee’s home terminal without his/her consent.

  • Plan Arrangements Eligibility – Claim Types All claim types are eligible to be processed through Inter-Plan Arrangements, as described above, except for all dental benefits, and those prescription drug benefits or vision benefits that may be administered by a third party contracted by us to provide the specific service or services. BlueCard® Program Under the BlueCard® Program, when you receive covered healthcare services within the geographic area served by a Host Blue, BCBSRI will remain responsible for doing what we agreed to in the contract. However, the Host Blue is responsible for contracting with and generally handling all interactions with its participating providers. When you receive covered healthcare services outside our service area and the claim is processed through the BlueCard Program, the amount you pay for covered healthcare services is calculated based on the lower of: • the billed covered charges for your covered services; or • the negotiated price that the Host Blue makes available to BCBSRI. Often, this “negotiated price” will be a simple discount that reflects an actual price that the Host Blue pays to your healthcare provider. Sometimes, it is an estimated price that takes into account special arrangements with your healthcare provider or provider group that may include types of settlements, incentive payments and/or other credits or charges. Occasionally, it may be an average price, based on a discount that results in expected average savings for similar types of healthcare providers after taking into account the same types of transactions as with an estimated price. Estimated pricing and average pricing also take into account adjustments to correct for over- or underestimation of past pricing of claims, as noted above. However, such adjustments will not affect the price we have used for your claim because they will not be applied after a claim has already been paid. Negotiated (non–BlueCard Program) Arrangements With respect to one or more Host Blues, in certain instances, instead of using the BlueCard Program, we may process your claims for covered healthcare services through Negotiated Arrangements for National Accounts. The amount you pay for covered healthcare services under this arrangement will be calculated based on the negotiated price (refer to the description of negotiated price in the BlueCard® Program section above) made available to us by the Host Blue.

  • Protective Clothing 14.1 The Employer will be required to provide the following protective equipment (SAA approved) for use, when necessary, by employees during the performance of their required duties:

  • Personal Protective Clothing 11.1 On commencement of employment with the Employer each employee will be issued with the following; • Two pairs of overalls or agreed alternative such as two shirts and two pairs of pants or jeans. • One pair of approved safety boots to the value of $75.00 increasing to a value of $80.00 from 1 July 2006, increasing to a value of $85.00 from 1 July 2009. • One bluey jacket or agreed equivalent (May to October). Nylon jackets and those with metal zips shall not be acceptable. • Any other safety equipment deemed necessary for the safe conduct of work.

  • Other Group Benefits 7.4.1 Payments towards benefit plans by the Employer shall permit it to retain and not pass on to teachers, any rebates of premiums otherwise required under Canada Employment and Immigration Commission (previously Unemployment Insurance Commission) regulations.

  • Uniforms and Protective Clothing 28.1 Where the employer requires an employee to wear a uniform, it shall be provided free of charge, but shall remain the property of the employer.

  • Hearing Protection Hearing protection devices that reduce noise exposure below 90 dba shall be worn in all posted high noise areas, when performing work that generates noise above 90 dba, or when required by CCI Management.

  • Group Grievances No more than five (5) grievants will be permitted to attend grievance meetings.

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