Common use of Delivery of Distributions Clause in Contracts

Delivery of Distributions. Subject to Bankruptcy Rule 9010, all distributions to any Holder of an Allowed Claim or Existing Common Interest shall be made to a Disbursing Agent, which shall transmit such distribution to the applicable Holders of Allowed Claims and Existing Common Interests as and when required by the Plan at (i) the address of such Holder on the books and records of the Debtors or their agents or (ii) at the address in any written notice of address change delivered to the Debtors or the Disbursing Agent, including any addresses including on any transfers of Claim Filed pursuant to Bankruptcy Rule 3001. In the event that any distribution to any Holder is returned as undeliverable, no further distributions shall be made to such Holder unless and until such Disbursing Agent is notified in writing of such Holder’s then-current address, at which time, or as soon thereafter as reasonably practicable, all currently-due, missed distributions shall be made to such Holder without interest. Nothing herein shall require any Disbursing Agent to attempt to locate Holders of undeliverable distributions and, if located, assist such Holders in complying with section 6.19 of the Plan. Distributions of the New Common Interests, New Secured Convertible Notes, New Secured Notes, or Contingent Payment Obligations to be distributed under the Plan pursuant to section 1145 of the Bankruptcy Code will be made through the facilities of DTC in accordance with DTC’s customary practices; provided that such New Common Interests, New Secured Convertible Notes, New Secured Notes, or Contingent Payment Obligations will only be issued in accordance with DTC book-entry procedures if the same are permitted to be held through DTC’s book-entry system. To the extent distributions are to be made through the facilities of DTC, any distribution that otherwise would be made to any Holder eligible to receive a distribution who does not own or hold an account eligible to receive such a distribution through DTC on a relevant distribution date will be forfeited. For the avoidance of doubt, DTC shall be considered a single holder for purposes of distributions.

Delivery of Distributions. Subject Distributions to Bankruptcy Rule 9010holders of Allowed Claims shall be made by the Disbursing Agent (a) at the addresses set forth on the proofs of Claim filed by such holders (or at the last known addresses of such holders if no Proof of Claim is filed or if the Debtors have been notified of a change of address), all distributions (b) at the addresses set forth in any written notices of address changes delivered to the Disbursing Agent after the date of any Holder related Proof of Claim, (c) at the addresses reflected in the Schedules if no Proof of Claim has been filed and the Disbursing Agent has not received a written notice of a change of address, (d) in the case of the holder of an Allowed Claim or Existing Common Interest shall be made to a Disbursing AgentOld Debenture Claim, which shall transmit such distribution to at the applicable Holders of Allowed Claims and Existing Common Interests as and when required by addresses contained in the Plan at (i) the address of such Holder on the books and official records of the Debtors or their agents indenture trustee under the Old Indenture, or (iie) at the address addresses set forth in any written notice a properly completed letter of address change delivered transmittal accompanying securities properly remitted to the Debtors or the Disbursing Agent, including Debtors. If any addresses including on any transfers of Claim Filed pursuant to Bankruptcy Rule 3001. In the event that any holder's distribution to any Holder is returned as undeliverable, no further distributions to such holder shall be made to such Holder unless and until such the Disbursing Agent is notified in writing of such Holder’s then-holder's then current address, at which time, or as soon thereafter as reasonably practicable, time all currently-due, missed distributions shall be made to such Holder holder without interest. Amounts in respect of undeliverable distributions made through the Disbursing Agent, shall be returned to the Reorganized Debtors until such distributions are claimed. All claims for undeliverable distributions must be made on or before the second anniversary of the Effective Date, after which date all unclaimed property shall revert to the Reorganized Debtors free of any restrictions thereon and the claim of any holder or successor to such holder with respect to such property shall be discharged and forever barred, notwithstanding any federal or state escheat laws to the contrary. Nothing herein contained in the Plan shall require the Debtors, Reorganized Debtors, any Disbursing Agent or the indenture trustee to attempt to locate Holders any holder of undeliverable distributions and, if located, assist such Holders in complying with section 6.19 of the Plan. Distributions of the New Common Interests, New Secured Convertible Notes, New Secured Notes, an Allowed Claim or Contingent Payment Obligations to be distributed under the Plan pursuant to section 1145 of the Bankruptcy Code will be made through the facilities of DTC in accordance with DTC’s customary practices; provided that such New Common Interests, New Secured Convertible Notes, New Secured Notes, or Contingent Payment Obligations will only be issued in accordance with DTC book-entry procedures if the same are permitted to be held through DTC’s book-entry system. To the extent distributions are to be made through the facilities of DTC, any distribution that otherwise would be made to any Holder eligible to receive a distribution who does not own or hold an account eligible to receive such a distribution through DTC on a relevant distribution date will be forfeited. For the avoidance of doubt, DTC shall be considered a single holder for purposes of distributionsAllowed Interest.

Delivery of Distributions. Subject to Bankruptcy Rule 90109010 and except as otherwise provided herein, all distributions Cash Distributions to any Holder holders of an Allowed Claim or Existing Common Interest Administrative, Priority Tax, Priority, Miscellaneous Secured Claims, Class 4 Claims and Class 5A Claims shall be made to a Disbursing Agent, which shall transmit such distribution to the applicable Holders of Allowed Claims and Existing Common Interests as and when required by the Plan at (ia) the address of each holder as set forth in the Schedules filed with the Court unless superseded by the address set forth on proofs of Claim filed by such Holder on holder, or (b) the books and records last known address of such holder if no proof of Claim is filed or if the Debtors or their agents have been notified in writing of a change of address. With respect to Distributions of New Common Stock and New Subordinated Notes to holders of Class 3 Claims and holders of Class 5B Claims who are the holders of Senior Secured Notes, the Indenture Trustee will instruct the Depository Trust Company ("DTC") to cancel the existing positions with respect to the Senior Secured Notes (including the global certificate held in the name of DTC's nominee (Cede & Co.) of each financial institution that is a participant in DTC's book-entry transfer facility system. Simultaneously therewith, DTC will execute a book-entry credit for the benefit of each such financial institution with the number of Shares of New Common Stock [and the amount of New Subordinated Notes] to be issued to such holder in accordance with the Plan. In connection with the foregoing, Reorganized Xxxxxxxxx will deliver to DTC a global certificate to be issued in connection with the Senior Secured Noteholder Claims hereunder. With respect to distributions of New Common Stock to the holders of Class 5B Claims who are not holders of claims under the Senior Secured Notes, such distributions shall be made, in accordance with the Plan, to such holders at (a) the address of each holder as set forth in the Schedules unless superseded by the address set forth on proofs of Claim filed by such holder, or (iib) at the last known address in any written notice of address change delivered to such holder if no proof of Claim is filed or if the Debtors or the Disbursing Agent, including have been notified in writing of a change of address. If any addresses including on any transfers of Claim Filed pursuant to Bankruptcy Rule 3001. In the event that any distribution to any Holder Distribution is returned as undeliverable, Reorganized Xxxxxxxxx may, in its discretion, make such efforts to determine the current address of the holder of the Claim with respect to which the Distribution was made as Reorganized Xxxxxxxxx xxxxx appropriate, but no further distributions Distribution to any holder shall be made unless and until Reorganized Xxxxxxxxx has determined the then-current address of the holder, at which time the Distribution to such holder shall be made to such Holder unless and until such Disbursing Agent is notified in writing of such Holder’s then-current address, at which time, or as soon thereafter as reasonably practicable, all currently-due, missed distributions shall be made to such Holder the holder without interest. Nothing herein Amounts in respect of any undeliverable Distributions made through or by Reorganized Xxxxxxxxx shall require any Disbursing Agent to attempt to locate Holders of undeliverable distributions andbe returned to, if locatedand held in trust by, assist Reorganized Xxxxxxxxx until such Holders in complying with section 6.19 of the Plan. Distributions of the New Common Interests, New Secured Convertible Notes, New Secured Notes, are claimed or Contingent Payment Obligations are deemed to be distributed unclaimed property under the Plan pursuant to section 1145 347(b) of the Bankruptcy Code will be made through the facilities of DTC in accordance with DTC’s customary practices; provided that such New Common Interests, New Secured Convertible Notes, New Secured Notes, or Contingent Payment Obligations will only be issued in accordance with DTC book-entry procedures if the same are permitted to be held through DTC’s book-entry system. To the extent distributions are to be made through the facilities of DTC, any distribution that otherwise would be made to any Holder eligible to receive a distribution who does not own or hold an account eligible to receive such a distribution through DTC on a relevant distribution date will be forfeited. For the avoidance of doubt, DTC shall be considered a single holder for purposes of distributionsas set forth herein.

Delivery of Distributions. Subject to Bankruptcy Rule 9010, all (a) All distributions under this Trust Agreement and CRP on behalf of the Trust to any Holder of an Allowed Claim or Existing Common Interest Beneficial Owner shall be made to a Disbursing Agentsuch Beneficial Owner’s counsel, which shall transmit such distribution if any, as identified on the claims materials submitted to the applicable Holders of Allowed Claims and Existing Common Interests as and when required maintained by the Plan Claims Processor, including on any proof of claim, provided however, if the Beneficial Owner is not represented by counsel, then all distributions shall be made at (i) the address of such Holder Beneficial Owner as identified on the books claims materials submitted to and records of maintained by the Debtors or their agents or (ii) at the address in any written notice of address change delivered to the Debtors or the Disbursing AgentClaims Processor, including any addresses including on any transfers proof of Claim Filed claim, provided further, distributions shall be made in accordance with the above unless the Trustee has been notified pursuant to Bankruptcy Rule 3001Section 8.12 below of a change of address, with such change of address provided at least twenty (20) days prior to such distribution Date, and provided further, that the Trustee, Claims Administrator, and Claims Processor, as applicable, shall have the authority, in their discretion, to seek further direction and information from any Beneficial Owner or their counsel, if applicable, regarding the direction of distributions under this Trust Agreement and CRP. . In the event that any distribution to any Holder a Beneficial Owner is returned as undeliverable, no further distributions distribution to such Beneficial Owner shall be made unless and until the Trustee has been notified of the then current address of such Beneficial Owner, at which time such distribution shall be made to such Holder unless and until such Disbursing Agent is notified in writing of such Holder’s then-current addressBeneficial Owner without interest; provided, at which timehowever, or as soon thereafter as reasonably practicable, that all currently-due, missed distributions shall be made to such Holder without interest. Nothing herein shall require any Disbursing Agent to attempt to locate Holders of undeliverable distributions and, if located, assist such Holders in complying with deemed unclaimed property under section 6.19 of the Plan. Distributions of the New Common Interests, New Secured Convertible Notes, New Secured Notes, or Contingent Payment Obligations to be distributed under the Plan pursuant to section 1145 347(b) of the Bankruptcy Code will at the expiration of six (6) months from the applicable Distribution Date. After such date, all unclaimed property or interests in property (i) shall revert to the Trust (notwithstanding any applicable federal or state escheat, abandoned, or unclaimed property laws to the contrary), (ii) the Claim of any Beneficial Owner to such property or interest in property shall be made through the facilities released, settled, compromised, and forever barred, and (c) such unclaimed property interests shall be distributed to other holders of DTC Class 5A-III and Class 5B-III Claims in accordance with DTCthe Trust Documents, as if the Claim of such Beneficial Owner had been disallowed as of the date the undeliverable distribution was first made. The Trustee shall take reasonable efforts to obtain a current address for any Beneficial Owner with respect to which any distribution is returned as undeliverable. In the event the Trust holds Cash after paying all Trust Expenses and all distributions contemplated under the Trust Documents, such remaining cash shall be distributed to a national recognized charitable organization of the Trustee’s customary practices; provided that such New Common Interestschoice to the extent economically feasible. No Trust Asset or any unclaimed property shall escheat to any federal, New Secured Convertible Notes, New Secured Notesstate, or Contingent Payment Obligations will only be issued in accordance with DTC book-entry procedures if the same are permitted to be held through DTC’s book-entry system. To the extent distributions are to be made through the facilities of DTC, local government or any distribution that otherwise would be made to any Holder eligible to receive a distribution who does not own or hold an account eligible to receive such a distribution through DTC on a relevant distribution date will be forfeited. For the avoidance of doubt, DTC shall be considered a single holder for purposes of distributionsother entity.