Super-Priority Claims. An order of the Bankruptcy Court granting, other than in respect of the DIP Facility and the Carve-Out or as otherwise expressly permitted under the Loan Documents, (i) a priority of any Lien against the Borrowers that is equal to or senior to the priority of the Liens on the Collateral granted in favor of the Collateral Agent, for the benefit of the DIP Secured Parties, or (ii) any other super-priority administrative expense claim in the Chapter 11 Cases pursuant to section 364(c)(1) of the Bankruptcy Code that is pari passu with or senior to the claims of the Agents and the Lenders under the DIP Facility, or the filing by any of the Borrowers of a motion or application seeking entry of such an order;
Super-Priority Claims. The Term Loan and the Obligations shall constitute, in accordance with section 364(c)(1) of the Bankruptcy Code, claims against each Borrower in each of their respective Chapter 11 Cases which are administrative expenses having priority over any and all administrative expenses of the kind specified in section 503(b) or 507(b) of the Bankruptcy Code (“Super-Priority Claims”), subject, as to priority, only to the Carve-Out; provided, however, that such Super-Priority Claims shall also be subject to the super-priority administrative expenses claims granted by the Bankruptcy Court in connection with the provision of adequate protection granted to the Pre-Petition Senior Lenders. The post-petition liens and security interests and the administrative priority claims of the DIP Lenders shall be senior to, and no proceeds of the Term Loan nor any collateral granted hereunder (nor proceeds thereof) may be used to pay, any and all claims for services rendered by any of the professionals retained by the Borrowers or any official committee in connection with the investigation of (other than by the Committee, subject to a limitation of $35,000), assertion of or joinder in any claim, counterclaim, action, proceeding, application, motion, objection, defense or other contested matter against the holders of the 6.50% Secured Notes or the DIP Lenders.
Super-Priority Claims. Upon the entry of this order, pursuant to § 364(c)(1) of the Bankruptcy Code all of the DIP Obligations shall constitute allowed superpriority claims against each of the Debtors with priority over any and all administrative expenses, including of the type specified in, or claims arising under or ordered pursuant to Sections 105, 326, 328, 330-31, 365, 503(a), 503(b), 507(a), 507(b), 546(c), 546(d), 726 (to the fullest extent permitted by law), 1113, 1114, any other super priority claims granted pursuant to Section 364(c)(1) and any other provision of the Bankruptcy Code (the “Superpriority Claim”).
Super-Priority Claims. The filing of any application by any Borrower without the express prior written consent of the DIP Lender for the approval of (or the entry of any order approving) any super-priority claim in the Chapter 11 Cases which is pari passu with or senior to the priority of the claims of the DIP Lender for the Obligations, or there shall arise any such super-priority claim under the Bankruptcy Code; or
Super-Priority Claims. The Term Loans and all other Obligations shall constitute, in accordance with section 364(c)(1) of the Bankruptcy Code, claims against the Credit Parties in their Chapter 11 Cases which are administrative expense claims having priority over any and all administrative expenses of the kind specified in section 503(b) or 507(b) of the Bankruptcy Code, except for Carve-Out Expenses, provided that any claims against NCC shall be subject to the Foreign Subsidiary Subordination Agreement.
Super-Priority Claims. Such Loan Party shall not, and shall not permit any of its Subsidiaries to, agree to, incur, create, assume, suffer to exist or permit (a) any administrative expense, unsecured claim, or other super-priority claim or lien which is pari passu with or senior to the claims of the Secured Parties against the Loan Parties hereunder except for the Carve-Out or the Information Officer Charge, or apply to the Bankruptcy Court or the Canadian Court for authority to do so or (b) the extension of any existing adequate protection or the grant of further adequate protection (other than Permitted Prepetition Claim Payments and Adequate Protection Obligations, in each case, that are permitted under the Orders) or apply to the Bankruptcy Court or the Canadian Court for authority to do so.
Super-Priority Claims. The Loans, the Obligations with respect to Letters of Credit and all other Obligations shall constitute, in accordance with section 364(c)(1) of the Bankruptcy Code, claims against each of the Grantors in their respective Reorganization Cases which are administrative expense claims having priority over any and all administrative expenses of the kind specified in sections 503(b) or 507(b) of the Bankruptcy Code, except for Permitted Expenses.
Super-Priority Claims. The Obligations shall constitute, in accordance with section 364(c)(1) of the Bankruptcy Code, claims against Borrower and Xxxxxx May in their Chapter 11 Cases which are administrative expenses having priority over any and all administrative expenses of the kind specified in section 503(b) or 507(b) of the Bankruptcy Code, subject, as to priority, only to (i) the US Trustee Fees and (ii) the Permitted Professional Expenses having priority over the Obligations to the extent set forth in the definition of Administrative Expense Priorities.
Super-Priority Claims. An order of the Bankruptcy Court granting, other than in respect of the DIP Note Documents and the Carve-Out or as otherwise expressly permitted under the DIP Note Documents, (i) a priority of any Lien against the DIP Note Parties that is equal to or senior to the priority of the Liens on the Collateral to Collateral Agent, for the benefit of the Secured Parties, or (ii) any claim entitled to super-priority administrative expense claim in the Chapter 11 Cases pursuant to Section 364(c)(1) of the Bankruptcy Code pari passu with or senior to the claims of the Collateral Agent and the Purchaser under the DIP Note Documents, or the filing by any of the DIP Note Parties of a motion or application seeking entry of such an order; or
Super-Priority Claims. All amounts, if any, that become payable by any Seller pursuant to this Agreement or related transactional documents shall be a super priority administrative claim in the Bankruptcy Cases as provided in Sections 503(b)(1), 507 and 364(c)(1) of the Bankruptcy Code, senior to all other such claims against the Debtors and their estates except for the DIP Super-Priority Claim and the Pre-Petition Super-Priority Claims (each as defined in the Final DIP Order dated March 4, 2005, as amended).
