Agreed Administrative Expense Claim Priorities definition

Agreed Administrative Expense Claim Priorities means the administrative expense claims incurred by the Borrowers and shall have the following order of priority: first, (i) amounts payable pursuant to 28 U.S.C. (S) 1930(a)(6), (ii) professional fees and expenses of any examiner in connection with the Partial Final Judgment and Order of Permanent Injunction and Other Equitable Relief entered in the matter of United States Securities and Exchange Commission x. Xxxxxxx, Inc. on March 11, 2003 and (iii) upon the occurrence and during the continuance of an Event of Default, unpaid allowed fees and expenses (whether incurred prior to or subsequent to such Event of Default) of attorneys, accountants, financial advisors, consultants and other professionals retained by the Borrowers, or any official creditors' committee (the "Creditors' Committee") or other statutory committee appointed in the Case pursuant to (S)(S) 327 and 1103 of the Bankruptcy Code or any Chapter 11 or Chapter 7 trustees appointed in the Case (except, in each case, to the extent that such fees and expenses represent services or were incurred in the prosecution of actions, claims or causes of action against the Bank, the Agent or any of the Lenders in connection with a challenge to any aspect of their rights and obligations with respect to any Loan Document) ("Professional Expenses"), but the amount of Professional Expenses entitled to priority under clause (iii) of this clause first ("Priority Professional Expenses") shall not exceed in the aggregate an amount (the "Priority Professional Expense Cap") equal to $5,000,000; provided, however, that prior to the occurrence of an Event of Default any payments actually made to such professionals under 11 U.S.C. (S)(S) 330 and 331 in respect of fees and expenses incurred shall not reduce the Priority Professional Expense Cap; second, all Obligations; and third, all other allowed administrative expense claims.

Agreed Administrative Expense Claim Priorities means the following administrative expense claims incurred by the Loan Parties which shall have the following order of priority: first, (i) amounts payable pursuant to 28 U.S.C. ss. 1930(a) and (ii) upon the occurrence and during the continuance of an Event of Default, the payment of unpaid Bankruptcy Court-allowed professional fees and expenses (whether incurred prior to or subsequent to such Event of Default) of attorneys, accountants, financial advisors and consultants retained by the Loan Parties, any Chapter 7 trustee appointed in the Chapter 11 Case (subject to the limitation described below), or any official creditors' committee (the "Creditors' Committee") or any other statutory committee appointed in the Chapter 11 Case pursuant to ss.ss. 327 and 1103 of the Bankruptcy Code (except to the exxxxx that such fees and expenses represent services or were incurred in the prosecution of claims, causes of action or proceedings against the Bank, the Administrative Agent, any of the Lenders, any of the Prepetition Lenders or the Prepetition Administrative Agent relating to any Loan Document or Prepetition Loan Document, other than such fees and expenses as are incurred in respect of the investigation of such claims, causes of action or proceedings) ("Professional Expenses"); provided that the amount of Professional Expenses entitled to priority under clause (ii) of this clause first ("Priority Professional Expenses") shall not exceed $3,000,000 in the aggregate (inclusive of a $200,000 maximum amount for all fees, expenses and commissions of any such Chapter 7 trustee) or such other amount as shall be set forth in the Final Financing Order and agreed to in writing by the Administrative Agent (the "Priority Professional Expense Cap"); provided, further, that prior to the occurrence of an Event of Default any payments actually made to such professionals under 11 U.S.C. ss.ss. 330 and 331 in respect of fees and expenses incurred sxxxx not reduce the Priority Professional Expense Cap; and provided, further, that the agreement to a limited priority for Priority Professional Expenses shall not waive any right of the Lenders or the Administrative Agent to object to fees and expenses constituting such Priority Professional Expenses; second, all Obligations; and third, all other allowed administrative expense claims.

Agreed Administrative Expense Claim Priorities means the administrative expense claims incurred by the Borrower in the Chapter 11 Case and shall have the following order of priority: first, (i) amounts payable pursuant to 28 U.S.C. section 1930(a)(6) and (ii) allowed fees and expenses of attorneys, accountants, financial advisors and consultants retained by the Borrower or any official creditors committee appointed in the Chapter 11 Case pursuant to sections 327 or 1103 of the Bankruptcy Code (except to the extent that such fees and expenses represent services or were incurred in the prosecution of actions, claims or causes of action against BankAmerica, the Agent or any Lender relating to any Loan Document or the Facility or the Pre-Petition Loan Documents), but the amount entitled to priority under clause (ii) of this clause first shall not exceed $5,000,000; second, all Obligations; third, all other allowed administrative expense claims.

Examples of Agreed Administrative Expense Claim Priorities in a sentence

CARVE-OUT EXPENSES shall mean those amounts, fees, expenses and claims set forth in clauses (i) and (ii) of the clause "first" of the definition of the term "Agreed Administrative Expense Claim Priorities." CERCLA shall have the meaning set forth in Section 10.19(a) hereof.
Prior to the date on which the Obligations have been paid in full in cash and the Revolving Credit Commitment has been terminated, the Borrower shall not pay any administrative expense claims except (i) Professional Expenses and (ii) other administrative expense claims incurred in the ordinary course of the business of the Borrower, in each case to the extent and having the order of priority set forth in the Agreed Administrative Expense Claim Priorities.

More Definitions of Agreed Administrative Expense Claim Priorities

Agreed Administrative Expense Claim Priorities shall have the meaning set forth in the Orders for the term "Superpriority Claims".

Agreed Administrative Expense Claim Priorities means the following administrative expense claims incurred by the Borrower and shall have the following order of priority:

Agreed Administrative Expense Claim Priorities means the administrative expense claims incurred by the Borrowers and shall have the following order of priority: first, (i) amounts payable pursuant to 28 U.S.C. Section 1930(a)(6) and (ii) upon the occurrence and during the continuance of an Event of Default, unpaid allowed fees and expenses (whether incurred prior to or subsequent to such Event of Default) of attorneys, accountants, financial advisors, consultants and other professionals retained by the Borrowers, or any official creditors' committee (the "Creditors' Committee") appointed in the Case pursuant to Sections 327 and 1103 of the Bankruptcy Code (except to the extent that such fees and expenses represent services or were incurred in the prosecution of actions, claims or causes of action against Bank of America, the Agent or any of the Lenders in connection with a challenge to any aspect of their rights and obligations with respect to any Loan Document) ("Professional Expenses"), but the amount of Professional Expenses entitled to priority under clause (ii) of this clause first ("Priority Professional Expenses") shall not exceed in the aggregate an amount (the "Priority Professional Expense Cap") equal to $3,000,000; provided, however, that prior to the occurrence of an Event of Default any payments actually made to such professionals under 11 U.S.C. Sections 330 and 331 in respect of fees and expenses incurred shall not reduce the Priority Professional Expense Cap; second, all Obligations; and third, all other allowed administrative expense claims.

Related to Agreed Administrative Expense Claim Priorities

Administrative Expense Claim means any right to payment constituting a cost or expense of administration of the Chapter 11 Cases under sections 503(b) and 507(a)(2) of the Bankruptcy Code including, without limitation, (a) any actual and necessary costs and expenses of preserving the Estates, (b) all compensation and reimbursement of expenses to the extent Allowed by the Bankruptcy Court under section 330 or 503 of the Bankruptcy Code, (c) any fees or charges assessed against the Estates under section 1930 of chapter 123 of Title 28 of the United States Code, (d) all Claims arising under section 503(b)(9) of the Bankruptcy Code, and (e) the Prepetition Lenders Adequate Protection Claims.
Administrative Expenses means (i) all administrative and operating costs and expenses incurred by the Partnership, (ii) those administrative costs and expenses of the General Partner, including any salaries or other payments to directors, officers or employees of the General Partner, and any accounting and legal expenses of the General Partner, which expenses, the Partners have agreed, are expenses of the Partnership and not the General Partner, and (iii) to the extent not included in clause (ii) above, REIT Expenses; provided, however, that Administrative Expenses shall not include any administrative costs and expenses incurred by the General Partner that are attributable to Properties or partnership interests in a Subsidiary Partnership (other than this Partnership) that are owned by the General Partner directly.
Administrative Claims Bar Date means the deadline for Filing requests for payment of Administrative Claims, which: (a) with respect to Administrative Claims other than Professional Fee Claims, shall be 30 days after the Effective Date; and (b) with respect to Professional Fee Claims, shall be 45 days after the Effective Date.
Professional Fee Claims means all Claims for accrued, contingent, and/or unpaid fees and expenses (including transaction and success fees) incurred by a Professional in the Chapter 11 Cases on or after the Petition Date and through and including the Confirmation Date that the Bankruptcy Court has not denied by Final Order. To the extent that the Bankruptcy Court or any higher court of competent jurisdiction denies or reduces by a Final Order any amount of a Professional’s fees or expenses, then those reduced or denied amounts shall no longer constitute Professional Fee Claims.
Professional Fee Claim means a Claim by a professional seeking an award by the Bankruptcy Court of compensation for services rendered or reimbursement of expenses incurred through and including the Confirmation Date under sections 330, 331, 503(b)(2), 503(b)(3), 503(b)(4), or 503(b)(5) of the Bankruptcy Code.
Administrative Claim means a Claim for costs and expenses of administration of the Estates under sections 503(b), 507(a)(2), 507(b), or 1114(e)(2) of the Bankruptcy Code, including: (a) the actual and necessary costs and expenses incurred on or after the Petition Date of preserving the Estates and operating the businesses of the Debtors; (b) Allowed Professional Fee Claims in the Chapter 11 Cases; and (c) all fees and charges assessed against the Estates under chapter 123 of title 28 of the United States Code, 28 U.S.C. §§ 1911-1930.
DIP Facility Claims means all Claims held by the DIP Facility Agent and the DIP Facility Lenders pursuant to the DIP Facility Agreements and the Final DIP Order.
Tax Claims means any Claim against the Participating CCAA Parties (or any one of them) for any Taxes in respect of any taxation year or period ending on or prior to the applicable Filing Date, and in any case where a taxation year or period commences on or prior to the applicable Filing Date, for any Taxes in respect of or attributable to the portion of the taxation period commencing prior to the applicable Filing Date and up to and including the applicable Filing Date. For greater certainty, a Tax Claim shall include, without limitation, (a) any and all Claims of any Taxing Authority in respect of transfer pricing adjustments and any Canadian or non- resident Tax related thereto, and (b) any Claims against any BL/Wabush Released Party in respect of such Taxes;
Secured Claim means a Claim that is secured by a Lien on property in which any of the Debtors’ Estates have an interest or that is subject to setoff under section 553 of the Bankruptcy Code, to the extent of the value of the Claim holder’s interest in such Estate’s interest in such property or to the extent of the amount subject to setoff, as applicable, as determined pursuant to section 506(a) of the Bankruptcy Code or, in the case of setoff, pursuant to section 553 of the Bankruptcy Code.
Other Priority Claims means any Claim, other than an Administrative Claim or a Priority Tax Claim, entitled to priority in right of payment under section 507(a) of the Bankruptcy Code.
DIP Claims means, collectively, the DIP ABL Claims and the DIP Term Loan Claims.
Senior Higher Priority Liabilities means any obligations in respect of principal of the Issuer under any Notes and any other unsecured and unsubordinated obligations (créditos ordinarios) of the Issuer, other than the Senior Non Preferred Liabilities; and
Professional Fee Escrow Amount means the aggregate amount of Professional Fee Claims and other unpaid fees and expenses Professionals estimate they have incurred or will incur in rendering services to the Debtors prior to and as of the Confirmation Date, which estimates Professionals shall deliver to the Debtors as set forth in Article II.C hereof.
Other Priority Claim means any Claim other than an Administrative Claim or a Priority Tax Claim entitled to priority in right of payment under section 507(a) of the Bankruptcy Code.