Superpriority Claim Clause Samples

Superpriority Claim an application shall be filed by the Borrower or any of its Subsidiaries for the approval of any other Superpriority Claim in any of the Chapter 11 Cases that is pari passu with or senior to the claims of the Administrative Agent and the Lenders against the Loan Parties hereunder, or there shall arise or be granted any such pari passu or senior Superpriority Claim, in each case except for (i) the Carve-Out and (ii) the Senior Third Party Liens; or

Superpriority Claim. Incur, create, assume, suffer to exist or permit any other Superpriority Claim which is pari passu with or senior to the Claims of Agent and Lenders against Borrowers, except as expressly stated in the DIP Financing Orders.

Superpriority Claim. The Bankruptcy Court grants a Superpriority Claim or Lien on the Collateral which is pari passu with or senior to the DIP Superpriority Claims or DIP Liens of the Secured Parties, in each case other than with respect to the Carve-Out or as permitted by the DIP Order or the Hedging Order; or

Superpriority Claim. Agent shall be entitled to an administrative priority claim under section 507(b) of the Bankruptcy Code in the amount, if any, by which the protections afforded herein for the Debtors' use, sale, consumption or disposition of any Pre-Petition Collateral (including, without limitation, Cash Collateral) prove to be inadequate.

Superpriority Claim. An order of the Bankruptcy Court shall be entered granting another Superpriority Claim or Lien pari passu with or senior to that granted to the DIP Collateral Agent and the DIP Lenders pursuant to the Agreement and the Orders.

Superpriority Claim. The Lender is hereby granted an allowed superpriority administrative expense claim, pursuant to section 364(c)(1) of the Bankruptcy Code (the “Superpriority Claim”), for all DIP Obligations, having priority over any and all other claims against the Debtors and their estates, now existing or hereafter arising, of any kind whatsoever, including, without limitation, all administrative expenses of the kinds specified in or arising or ordered under sections 105(a), 326, 328, 330, 331, 503(b), 506(c), 507, 546(c), 726, and 1114 of the Bankruptcy Code, whether or not such expenses or claims may become secured by a judgment lien or other non-consensual lien, levy, or attachment, which Superpriority Claim shall be payable from and have recourse to all prepetition and postpetition property of the Debtors and their estates and all proceeds thereof. The Superpriority Claim granted in this paragraph shall be subject and subordinate in priority of payment only to the Carve-Out and the allowed superpriority administrative expense claims granted to DISH and the Senior Noteholders pursuant to the Final Cash Collateral and Adequate Protection Order. Except as expressly set forth herein or in the Final Cash Collateral and Adequate Protection Order, no other Superpriority Claim shall be granted or allowed in these Chapter 11 Cases. For the avoidance of doubt, the Superpriority Claim may be satisfied from the proceeds of the Avoidance Actions (as defined herein) otherwise in excess of the first $5 million of proceeds of any Avoidance Actions (consistent with and as set forth in paragraph 8(a) of the Final Cash Collateral and Adequate Protection Order), other than Avoidance Actions or the proceeds of Avoidance Actions against a person or entity that is a Prepetition Lender,5 Senior Noteholder or Lender, provided, however,

Superpriority Claim. Lender shall be deemed to have an allowed superpriority administrative expense claim (the “Superpriority Claim”) in an amount equal to all Obligations pursuant to Section 364(c)(1) of the Bankruptcy Code over all other administrative expenses in the Chapter 11 case of the kind specified or arising or ordered pursuant to Sections 105, 326, 328, 330, 331, 503(a), 503(b), 506(c), 507(a), 507(b), 726 or 1114 of the Bankruptcy Code. The Superpriority Claim shall not attach to any Avoidance Claims or any Avoidance Proceeds.

Superpriority Claim. A claim against a Debtor or its estate in the Case which is an administrative expense claim having priority over (a) any and all allowed administrative expenses, and (b) unsecured claims now existing or hereafter arising, including, without limitation, administrative expenses of the kind specified in Section 105, 326, 328, 330, 331, 365, 503(a), 503(b), 506(c), 507(a), 507(b), 546(c), 546(d), 726 (to the extent permitted by law), 1113 or 1114 of the Bankruptcy Code.

Superpriority Claim. A claim against the Borrower or its estate in its Case which is an administrative expense claim having priority over (a) any and all allowed administrative expenses and (b) unsecured claims now existing or hereafter arising, including, without limitation, administrative expenses of the kind specified in Section 503(b), 506(c) or 507(b) of the Bankruptcy Code.