Common use of Certain Bankruptcy Matters Clause in Contracts

Certain Bankruptcy Matters. (a) Except to the extent expressly provided otherwise in an Order, the Loan Parties hereby agree that, subject only to Priority Permitted Encumbrances and the Carve-Out, the Obligations shall (i) constitute DIP Superpriority Claims over all administrative expense claims and claims against the Debtors now existing or hereafter arising, of any kind or nature whatsoever, including, without limitation, all administrative expense claims of the kind specified in Sections 105, 326, 328, 330, 331, 365, 503(a), 503(b), 506(c) (subject to entry of the Final Order), 507(a), 507(b), 546(c), 546(d), 726, 1113, 1114 or any other provisions of the Bankruptcy Code and all super-priority administrative expense claims granted to any other Person the establishment of which super-priority shall have been approved and authorized by the Bankruptcy Court and (ii) be secured pursuant to Sections 364(c)(2), (c)(3) and (d)(1) of the Bankruptcy Code and, to the extent provided in any of the Orders.

Appears in 2 contracts

Samples: And Senior Secured (Quiksilver Inc), Possession Credit Agreement (Quiksilver Inc)

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Certain Bankruptcy Matters. (a) Except to the extent expressly provided otherwise in an Order, the The Loan Parties hereby agree thatthat the Obligations shall, subject only to Priority Permitted Encumbrances and the Carve-Out, the Obligations shall (i) constitute DIP Superpriority Claims over all administrative expense claims and claims against the Debtors Loan Parties now existing or hereafter arising, of any kind or nature whatsoever, including, without limitation, including all administrative expense claims of the kind specified in Sections 105, 326, 328, 330, 331, 365, 503(a), 503(b), 506(c) (subject to entry of the Final Bankruptcy Court Order), 507(a), 507(b), 546(c), 546(d), 726, 1113, 1114 or any other provisions of the Bankruptcy Code and all super-priority administrative expense claims granted to any other Person the establishment of which super-priority shall have been approved and authorized by the Bankruptcy Court and (ii) be secured by the Collateral pursuant to Sections 364(c)(2), (c)(3) and (d)(1) of the Bankruptcy Code and, to the extent provided in any of the Bankruptcy Court Orders.

Appears in 2 contracts

Samples: Possession Credit Agreement (Aralez Pharmaceuticals Inc.), www.sec.gov

Certain Bankruptcy Matters. (a) Except to the extent expressly provided otherwise in an a DIP Financing Order, the Loan Parties Borrowers hereby agree that, subject only to Priority Permitted Encumbrances and the Carve-Out, the Obligations shall (i) constitute Superpriority DIP Superpriority Claims over all administrative expense claims and unsecured claims against the Debtors Borrowers now existing or hereafter arising, of any kind or nature whatsoever, including, without limitation, all administrative expense claims of the kind specified in Sections 105, 326, 328, 330, 331, 365, 503(a), 503(b), 506(c) (subject to entry of the Final Order), 507(a), 507(b), 546(c), 546(d), 726, 1113, 1114 or any other provisions of the Bankruptcy Code and all super-priority administrative expense claims granted to any other Person the establishment of which super-priority shall have been approved and authorized by the Bankruptcy Court and (ii) be secured pursuant to Sections 364(c)(2), (c)(3) and (d)(1) of the Bankruptcy Code and, to the extent provided in any of the DIP Financing Orders, shall not be subject to any claims against the Collateral pursuant to Section 506(c) of the Bankruptcy Code.

Appears in 1 contract

Samples: Possession Loan Agreement

Certain Bankruptcy Matters. (a) Except to the extent expressly provided otherwise in an Order, the The Loan Parties hereby agree that, subject only to Priority Permitted Encumbrances and the Carve-Out, that the Obligations shall (i) constitute DIP Superpriority Claims over all administrative expense claims and claims against the Debtors Loan Parties now existing or hereafter arising, of any kind or nature whatsoever, including, without limitation, including all administrative expense claims of the kind specified in Sections 105, 326, 328, 330, 331, 365, 503(a), 503(b), 506(c) (subject to entry of the Final Order), 507(a), 507(b), 546(c), 546(d), 726, 1113, 1114 or any other provisions of the Bankruptcy Code and all super-priority administrative expense claims granted to any other Person the establishment of which super-priority shall have been approved and authorized by the Bankruptcy Court and (ii) be secured pursuant to Sections 364(c)(2), (c)(3) and (d)(1) of the Bankruptcy Code and, to the extent provided in any of the Bankruptcy Court Orders.

Appears in 1 contract

Samples: Credit Agreement (Adeptus Health Inc.)

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Certain Bankruptcy Matters. (a) Except to the extent expressly provided otherwise in an Order, the Loan Parties hereby agree that, subject only to Priority Permitted Encumbrances the Carve Out and the Carve-OutDIP Intercreditor Agreement, the Obligations shall be deemed to (i) constitute DIP Superpriority Claims over all administrative expense claims and claims against each Borrower or the Debtors other Loan Parties now existing or hereafter arising, of any kind or nature whatsoever, including, without limitation, all administrative expense claims of the kind specified in Sections 105, 326, 328, 330, 331, 365, 503(a), 503(b), 506(c) (and subject to entry of the Final Order, the Debtors’ rights to charge the DIP Collateral and all collateral securing the Pre-Petition Obligations under Section 506(c) shall be waived), 507(a), 507(b), 546(c), 546(d), 726, 1113, 1114 or any other provisions of the Bankruptcy Code or any equivalent provision of Canadian Bankruptcy and Insolvency Law and all super-priority superpriority administrative expense claims granted to any other Person the establishment of which super-super- priority shall have been approved and authorized by the Bankruptcy Court and (ii) be secured pursuant to Sections 364(c)(2), (c)(3) and (d)(1) of or the Bankruptcy Code and, to the extent provided in any of the Orders.CCAA Court,

Appears in 1 contract

Samples: Abl Dip Agreement

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