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 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:
Examples of Professional Fees and Expenses in a sentence
The Plan Provides that the Debtors’ Payment of Professional Fees and Expenses Are Subject to Court Approval (§ 1129(a)(4)).
Format for Schedule of Professional Fees and Expenses to Support the Total All- Inclusive Maximum PriceB.
Appendix A – Sample Schedule of Professional Fees and Expenses NOTE: As much detail as possible will improve technical proposal scores, including line items for innovative procedures.
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).
More Definitions of Professional Fees and Expenses
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 expenses incurred by, attorneys, accountants, financial advisors, consultants and other professionals retained by the Domestic Loan Parties or the Creditors’ Committee or other statutory committee appointed in the Cases pursuant to §§327 and 1103 of the Bankruptcy Code.
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.
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 has the meaning specified in the Interim Bankruptcy Court Order.
Professional Fees and Expenses has the meaning assigned to such term in the definition of “Carve Out”.
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).
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.