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

Agreed Administrative Expense Claim Priorities means the following administrative expense claims incurred by the Borrower and shall have the following order of priority:
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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.
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Agreed Administrative Expense Claim Priorities means the administrative expense claims incurred by the Loan Parties and shall have the following order of priority: first, in equal priority of payment, (i) amounts payable pursuant to 28 U.S.C. § 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 Loan Parties, or any official creditors’ committee (the “Creditors’ Committee”) or other statutory committee appointed in the Case pursuant to §§ 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 $7,000,000; provided, however, that prior to the occurrence of an Event of Default any payments actually made to such professionals under 11 U.S.C. §§ 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.
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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 Expense Cap An amount equal on any Payment Date (when taken together with any Administrative Expenses paid during the period since the preceding Payment Date or in the case of the first Payment Date, the period since the Closing Date), to the sum of (a) 0.025% per annum (prorated for the related Interest Accrual Period on the basis of a 360-day year and the actual number of days elapsed) of the Fee Basis Amount on the related Determination Date and (b) U.S.$250,000 per annum (prorated for the related Interest Accrual Period on the basis of a 360-day year consisting of twelve (12) 30-day months); provided that (1) in respect of any Payment Date after the third Payment Date following the Closing Date, if the aggregate amount of Administrative Expenses paid pursuant to Section 11.1(a)(i)(A), Section 11.1(a)(ii)(A) and Section 11.1(a)(iii)(A) (including any excess applied in accordance with this proviso) on the three immediately preceding Payment Dates and during the related Collection Periods is less than the stated Administrative Expense Cap (without regard to any excess applied in accordance with this proviso) in the aggregate for such three preceding Payment Dates, then the excess may be applied to the Administrative Expense Cap with respect to the then-current Payment Date; and (2) in respect of the third Payment Date following the Closing Date, such excess amount shall be calculated based on the Payment Dates preceding such Payment Date.

  • Administrative Claim Bar Date means the deadline for filing requests for payment of Administrative Claims, which shall be 30 days after the Effective Date.

  • Administrative Expense means any of the following:

  • 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 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.

  • General Administrative Claim means any Administrative Claim, including Cure Claims, other than a Professional Fee Claim.

  • Allowed Administrative Claim means an Administrative Claim that is an Allowed Claim.

  • Administrative Claims means (i) Claims that have been timely filed before the Administrative Claim Bar Date, pursuant to the deadline and procedure set forth in the Confirmation Order (except as otherwise provided by a separate order of the Bankruptcy Court), for costs and expenses of administration under sections 503(b), 507(b), or 1114(e)(2) of the Bankruptcy Code, including, without limitation: the actual and necessary costs and expenses incurred after the Petition Date of preserving the Estates and operating the businesses of the Debtors (such as wages, salaries, or commissions for services and payments for goods and other services and leased premises), (ii) Twenty Day Claims, and (iii) Claims timely asserted for stub rental payments under the Debtors’ leases. Any fees or charges assessed against the Estates 1 All capitalized terms not otherwise defined herein shall be subject to the definition of such capitalized terms in Article I.A. hereof. under section 1930 of chapter 123 of title 28 of the United States Code are excluded from the definition of Administrative Expense Claim and shall be paid in accordance with Article V.M of the Plan. Notwithstanding anything to the contrary herein, the filing of an Administrative Claim shall not be required in order to receive payment for any tax liability described in sections 503(b)(1)(B) and (C) in accordance with section 503(b)(1)(D) of the Bankruptcy Code.

  • 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 Chapter 11 Cases pursuant to 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 until and including the Effective Date of preserving the Estates and operating the Debtors’ businesses; (b) Allowed Professional Fee Claims; and (c) all payments afforded administrative expense treatment under the Backstop Agreement.

  • 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.

  • Deficiency Claim Amount has the meaning set forth in Section 5.5(a).

  • Secured Claims means Claims held by “secured creditors” as defined in the CCAA, including Construction Lien Claims, to the extent of the Allocated Value of the Property securing such Claim, with the balance of the Claim being a Deficiency Claim, and amounts subject to section 6(6) of the CCAA;

  • 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;

  • DIP Facility Claim means a Claim arising under or as a result of the DIP Facility.

  • Secured Claim means a Claim: (a) secured by a valid, perfected, and enforceable Lien on collateral to the extent of the value of such collateral, as determined in accordance with section 506(a) of the Bankruptcy Code or (b) subject to a valid right 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 Claim means a Claim of the DIP Agent or DIP Lenders arising under the DIP Credit Agreement or any of the DIP Orders, including Claims for payment of DIP Expenses.

  • 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

  • AWR Claim means any complaint or claim to a tribunal or court made by or on behalf of the Agency Worker against the Hirer and/or the Employment Business for any breach of the AWR;

  • Fee Claim means a Claim for Accrued Professional Compensation.

  • Class Counsel Litigation Expenses Payment mean the amounts allocated to Class Counsel for reimbursement of reasonable attorneys’ fees and expenses, respectively, incurred to prosecute the Action.

  • 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.