Common use of Administrative Priority Clause in Contracts

Administrative Priority. Each Loan Party hereby agrees that the Obligations shall constitute allowed administrative expenses in the Chapter 11 Cases having priority over all administrative expenses of and unsecured claims against such Loan Party now existing or hereafter arising, of any kind or nature whatsoever, including without limitation all administrative expenses of the kind specified in Sections 503(b) and 507(b) of the Bankruptcy Code, subject, as to priority, only to the Carve-Out Expenses having priority over any Obligations to the extent set forth in the definition of Agreed Administrative Expense Priorities.

Appears in 2 contracts

Sources: Loan and Security Agreement (Dairy Mart Convenience Stores Inc), Loan and Security Agreement (E Spire Communications Inc)

Administrative Priority. Each of the Loan Party hereby Parties agrees that for itself that, subject to the terms of the Bankruptcy Court Orders, the Obligations of such Person shall constitute allowed administrative expenses in the Chapter 11 Cases Cases, having priority over all administrative expenses of and unsecured claims against such Loan Party now existing or hereafter arising, of any kind or nature whatsoever, including including, without limitation limitation, all administrative expenses of the kind specified in Sections 503(b) and 507(b) of the Bankruptcy Code, subject, as to priority, subject only to the prior payment of Carve-Out Expenses having priority over any Obligations to the extent set forth in clause “first” of the definition of the term “Agreed Administrative Expense Priorities.

Appears in 1 contract

Sources: Dip Credit Agreement (Storm Cat Energy CORP)