Professional Fees and Expenses means, subject to any limitations contained in the DIP Orders, (a) allowed administrative expenses payable pursuant to 28 U.S.C. § 1930(a)(6), and (b) professional fees of, and costs and expenses incurred by, Case Professionals.
Professional Fees and Expenses incurred on and after the Petition Date and before the occurrence of a Carve-Out Trigger Date (as defined below) in an unlimited amount and (c) Professional Fees and Expenses incurred after the occurrence of a Carve-Out Trigger Date, in an amount not to exceed $7.0 million (the “Post-Trigger Date Carve-Out”). Payment of Professional Fees and Expenses pursuant to the Carve-Out is subject to entry of a customary order of the Bankruptcy Court, allowing for the interim payment of such amounts, and subject further to Bankruptcy Court approval of any such Professional Fees and Expenses; provided that the Carve-Out shall not be available to pay Professional Fees and Expenses incurred by any party, including the Loan Parties or any committee or any professionals engaged thereby, in connection with the initiation or prosecution of any claims, causes of action, adversary proceedings or other litigation against any of the DIP Term Facility Agent, the DIP Term Lenders or other secured parties under the DIP Term Documents, subject to $75,000 being available for a committee to investigate the validity and enforceability of the obligations under and liens securing the Prepetition RBL Credit Agreement. The “Carve-Out Trigger Date” means the first business day after the DIP Term Facility Agent provides a written notice to the DIP Term Facility Borrower and its counsel that an event of default under the DIP Term Facility (an “Event of Default”) (or an event which with the giving of notice would constitute an Event of Default) has occurred and that the Post-Trigger Date Carve-Out has been invoked. Upon the occurrence of the Carve-Out Trigger Date, the DIP Term Facility Borrower shall deposit into an interest-bearing escrow account at a financial institution acceptable to the Required DIP Term Lenders (the “Carve-Out Account”) an amount equal to the sum of (i) all fees and expenses required to be paid pursuant to clause (a) in the definition of Carve-Out above, (ii) all billed and unpaid Professional Fees and Expenses (including outstanding holdbacks) incurred on or after the Petition Date and prior to the Carve-Out Trigger Date, (iii) all unbilled Professionals Fees and Expenses incurred on or after the Petition Date and prior to the Carve-Out Trigger Date and (iv) $7.0 million. For the avoidance of doubt, if the “Carve-Out Trigger Date” happens under both the Senior DIP Facility and the DIP Term Facility, satisfaction of the deposit requirements under the Senior DIP Facilit...
Professional Fees and Expenses means the Claims and Administrative Expenses of professionals retained by the Debtor, the Committee or the Examiner pursuant to section 327 of the Bankruptcy Code and payable pursuant to Sections 330 and 331 of the Bankruptcy Code.
Examples of Professional Fees and Expenses in a sentence
Format for Schedule of Professional Fees and Expenses to Support the Total All- Inclusive Maximum PriceB.
The Plan Provides that the Debtors’ Payment of Professional Fees and Expenses Are Subject to Court Approval (§ 1129(a)(4)).
Amounts payable on account of allowed Professional Fees and Expenses shall not be limited or be deemed limited to funds held in the Carve Out Reserves.
Further, notwithstanding anything to the contrary herein, (i) the failure of the Carve Out Reserves to satisfy in full the Professional Fees and Expenses shall not affect the priority of the Carve Out, and (ii) in no way shall the Carve Out, the Carve Out Reserves, or the Budget or any of the foregoing be construed as a cap on the amount of the Professional Fees and Expenses due and payable by the Debtors or that may be allowed by the Court at any time (whether by interim order, final order, or otherwise).
All payments to Professionals for Professional Fees and Expenses Claims will be made in accordance with the procedures established by the Code, the Rules and the Court relating to the payment of interim and final compensation for services rendered and reimbursement of expenses.
More Definitions of Professional Fees and Expenses
Professional Fees and Expenses means the actual fees and expenses paid by the Borrower to (i) the Borrower’s Advisors, (ii) Xxxxxx & Xxxxxxxxxx LLP, (iii) Ernst & Young Corporate Finance LLC, (iv) the Agent’s local Canadian counsel, (v) the Borrower’s local Canadian counsel, in each case relating to (x) the negotiation and preparation of the Amendment and the Limited Waiver and Amendment each dated October 15, 2002, (y) the negotiation and preparation of this Agreement, and (z) the Borrower’s Advisors continued involvement with the Borrower to the extent required by the terms of this Agreement.
Professional Fees and Expenses means Administrative Claims of the professionals hired by the Debtor and shall also include any and all fees and expenses of BSSN incurred by the Debtor after the Confirmation Date, including, but not limited to, the costs and expenses incurred in relation to pursuing the Causes of Action and shall include the costs and expenses of any Liquidating Trustee.
Professional Fees and Expenses means (a) amounts payable pursuant to 28 U.S.C. § 1930(a)(6) and (b) professional fees and expenses of attorneys, accountants, financial advisors, consultants, and other professionals retained by the Borrowers or the Creditors’ Committee or other statutory committee appointed in the Chapter 11 Cases pursuant to §§ 327 and 1103 of the Bankruptcy Code or any Chapter 11 or Chapter 7 trustees appointed in the Chapter 11 Cases.
Professional Fees and Expenses means the reasonable and documented fees and expenses of professionals of Sellers and any committee appointed in the Cases pursuant to section 1102 of the Bankruptcy Code that are accrued and unpaid as of the Closing Date, whether or not included in a fee statement or fee application at such time and whether or not allowed by the Bankruptcy Court at such time. “Purchase Price” shall have the meaning set forth in Section 3.2. “Purchased Assets” shall mean all right, title and interest of each of the Sellers, as of the Closing, in, to and under all of the assets, properties, interests, rights and claims of the Sellers as of the Closing (whether owned, leased, licensed, used or held for use by the Sellers), wherever situated and of whatever kind and nature, real or personal, tangible or intangible, and whether or not reflected on the books and records of the Sellers, including the assets, properties, rights and claims as of the Closing described in Section 2.1, other than the Excluded Assets. “Related Party” shall have the meaning set forth in Section 4.23(a). “Related Party Transactions” shall have the meaning set forth in Section 4.23(a). “Representative” shall mean, with respect to any Person, such Person’s officers, managers, directors, employees, agents and representatives (including any investment banker, financial advisor, accountant, legal counsel or expert retained by or acting on behalf of such Person or its Affiliates). “Sale Order” shall mean, collectively, the Order or Orders which shall be in a form and substance acceptable to Buyer and Sellers in their sole discretion and which shall, among other things: (i) approve, pursuant to sections 105, 363 and 365 of the Bankruptcy Code (A) the execution, delivery and performance by the Sellers of this Agreement, including each and every term and condition hereof, and the other instruments and agreements contemplated hereby, (B) the sale of the applicable Purchased Assets of the Sellers to Buyer free and clear of all Liens and Liabilities (other than Permitted Liens and Assumed Liabilities), on the terms set forth herein, (C) the assumption of the Assumed Liabilities of the Sellers by Buyer on the terms set forth herein and (D) effective as of the Closing, the release of Sellers from amounts due and owing under (x) the Prepetition Loan Documents up to an amount equal to the Credit Bid Amount and (y) the DIP Documents; (ii) authorize the Sellers to assume and assign to Buyer the Assumed Contracts; (iii) f...
Professional Fees and Expenses means the reasonable attorneys’ fees, costs, and expenses of Class Counsel, plus reasonable fees, costs, and expenses of Schwebel’s and/or Class Counsel’s financial advisors, litigation experts and/or other consultants, in connection with the Action.
Professional Fees and Expenses means the actual fees and expenses paid by (or credited to) the Borrower with respect to (i) the Borrower's Advisors, (ii) Kaufman & Canoles, P.C., (iii) Riemer & Braunstein LXX, (xx) Exxxx & Young Corporate Finance XXX, (x) the Agent's local Canadian counsel, (vi) the Borrower's local Canadian counsel, and (vii) up to $200,000.00 of fees paid to other service providers and/or advisors retained by the Borrower and reasonably acceptable to the Agent, in each case relating to (a) the negotiation and preparation of the Amendment and the Limited Waiver and Amendment each dated October 15, 2002, (b) the negotiation and preparation of this Agreement, (c) the negotiation and preparation of the First Amendment and Waiver, and (d) the Borrower's Advisors continued involvement with the Borrower. In no event shall "Professional Fees and Expenses" exceed, in the aggregate, the following amounts for the following periods:
Professional Fees and Expenses means (a) amounts payable pursuant to 28 U.S.C. § 1930(a)(6), and (b) professional fees and expenses of attorneys, accountants, financial advisors, consultants and other professionals retained by the Borrower or 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 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 or the Pre-Petition Credit Agreement and Loan Documents thereunder).