Every team in the league over the salary cap is allowed to use the MLE; whether that team is too far above the apron (or more accurately, would be too far over the apron after using the MLE) or not determines how large an MLE a team has. Teams above the cap but below the apron have about $5.3M they can use; teams over the apron only have around $3.2M.
The Bi-Annual exception, sometimes called the LLE, can't be used 2 years in a row and only teams below the apron have it.
Now the joy of my world is in Zion
How beautiful if nothing more
Than to wait at Zion's door
I've never been in love like this before
Now let me pray to keep you from
The perils that will surely come