Common use of Distribution Process Clause in Contracts

Distribution Process. The Distribution Agent shall make all distributions required under the Plan, except that distributions to holders of Allowed Claims or Interests governed by a separate agreement and administered by a Servicer shall be deposited with the appropriate Servicer, at which time such distributions shall be deemed complete, and the Servicer shall deliver such distributions in accordance with the Plan and the terms of the governing agreement. Except as otherwise provided in the Plan, and notwithstanding any authority to the contrary, distributions to holders of Allowed Claims and Interests, including Claims and Interests that become Allowed after the Distribution Record Date, shall be made to holders of record as of the Distribution Record Date by the Distribution Agent or a Servicer, as appropriate: (1) to the address of such holder as set forth in the books and records of the applicable Debtor (or if the Debtors have been notified in writing, on or before the date that is 14 days before the Effective Date, of a change of address, to the changed address); (2) in accordance with Federal Rule of Civil Procedure 4, as modified and made applicable by Bankruptcy Rule 7004, if no address exists in the Debtors books and records, no Proof of Claim has been filed and the Distribution Agent has not received a written notice of a change of address on or before the date that is 14 days before the Effective Date; or (3) on any counsel that has appeared in the Chapter 11 Cases on the holder’s behalf. Notwithstanding anything to the contrary in the Plan, including this Section 6.3(b), distributions under the Plan to holders of Dex East Secured Credit Facility Claims, Dex West Secured Credit Facility Claims and RHDI Secured Credit Facility Claims shall be made to, or to Entities at the direction of, the Dex East Administrative Agent, Dex West Administrative Agent and the RHDI Administrative Agent, respectively, in accordance with the terms of the Plan and the Dex East Secured Credit Agreement, Dex West Secured Credit Agreement and the RHDI Secured Credit Agreement, respectively. The Debtors, the Reorganized Debtors, and the Distribution Agent, as applicable, shall not incur any liability whatsoever on account of any distributions under the Plan.

Appears in 2 contracts

Samples: Merger Agreement (DEX ONE Corp), Merger Agreement (Supermedia Inc.)

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Distribution Process. The Distribution Agent shall make all distributions required under the Plan, except that with respect to distributions to holders Holders of Allowed Claims or Interests governed by a separate agreement and administered by a Servicer agreement, shall be deposited with the exercise commercially reasonable efforts to implement appropriate Servicer, at which time such distributions shall be deemed complete, and the Servicer shall deliver mechanics governing such distributions in accordance with the Plan and the terms of the relevant governing agreement. Except as otherwise provided in the Planherein, and notwithstanding any authority to the contrary, distributions to holders Holders of Allowed Claims and Allowed Interests, including Claims and Interests that become Allowed after the Distribution Record Effective Date, shall be made to holders Holders of record or their respective designees as of the Distribution Record Date by the Distribution Agent or a Servicer, as appropriateDate: (1a) to the address of such holder Holder or designee as set forth in the books and records of the applicable Debtor register (or if the Debtors have appropriate notice has been notified provided pursuant to the governing agreement in writing, on or before the date that is 14 10 calendar days before the Effective Date, of a change of addressaddress or an identification of designee, to the changed addressaddress or to such designee, as applicable); or (2b) in accordance with Federal Rule of Civil Procedure 4, as modified and made applicable by Bankruptcy Rule 7004, if no address exists in the Debtors books and recordsapplicable register, no Proof of Claim has been filed Filed, and the Distribution Agent has not received a written notice of a change of address on or before the date that is 14 10 calendar days before the Effective Date; or (3) on any counsel that has appeared in the Chapter 11 Cases on the holder’s behalf. Notwithstanding anything to the contrary in the Plan, including this Section 6.3(b), distributions under the Plan to holders of Dex East Secured Credit Facility Claims, Dex West Secured Credit Facility Claims and RHDI Secured Credit Facility Claims shall be made to, or to Entities at the direction of, the Dex East Administrative Agent, Dex West Administrative Agent and the RHDI Administrative Agent, respectively, in accordance with the terms of the Plan and the Dex East Secured Credit Agreement, Dex West Secured Credit Agreement and the RHDI Secured Credit Agreement, respectively. The Debtors, the Reorganized Debtors, and the Distribution Agent, as applicable, shall not incur any liability whatsoever on account of any distributions under the Plan. Except as otherwise provided in the Plan, Holders of Claims and Holders of Interests shall not be entitled to interest, dividends, or accruals on the distributions provided for in the Plan, regardless of whether such distributions are delivered on or at any time after the Effective Date.

Appears in 1 contract

Samples: Restructuring Support Agreement (Whiting Petroleum Corp)

Distribution Process. The Distribution Agent shall make all distributions required under the Plan, except that distributions to holders of Allowed Claims or Interests governed by a separate agreement and administered by a Servicer shall be deposited with the appropriate Servicer, at which time such distributions shall be deemed complete, and the Servicer shall deliver such distributions in accordance with the Plan and the terms of the governing agreement. Except as otherwise provided in the Plan, and notwithstanding any authority to the contrary, distributions to holders of Allowed Claims and Interests, including Claims and Interests that become Allowed after the Distribution Record Date, shall be made to holders of record as of the Distribution Record Date by the Distribution Agent or a Servicer, as appropriate: (1) to the address of such holder as set forth in the books and records of the applicable Debtor (or if the Debtors have been notified in writing, on or before the date that is 14 days before the Effective Date, of a change of address, to the changed address); (2) in accordance with Federal Rule of Civil Procedure 4, as modified and made applicable by Bankruptcy Rule 7004, if no address exists in the Table of Contents Debtors books and records, no Proof of Claim has been filed and the Distribution Agent has not received a written notice of a change of address on or before the date that is 14 days before the Effective Date; or (3) on any counsel that has appeared in the Chapter 11 Cases on the holder’s behalf. Notwithstanding anything to the contrary in the Plan, including this Section 6.3(b), distributions under the Plan to holders of Dex East the SuperMedia Secured Credit Facility Claims, Dex West Secured Credit Facility Claims and RHDI Secured Credit Facility Agreement Claims shall be made to, or to Entities at the direction of, of the Dex East Administrative Agent, Dex West SuperMedia Administrative Agent and the RHDI Administrative Agent, respectively, in accordance with the terms of the Plan and the Dex East SuperMedia Secured Credit Agreement, Dex West Secured Credit Agreement and the RHDI Secured Credit Agreement, respectively. The Debtors, the Reorganized Debtors, and the Distribution Agent, as applicable, shall not incur any liability whatsoever on account of any distributions under the Plan.

Appears in 1 contract

Samples: Merger Agreement (DEX ONE Corp)

Distribution Process. The Distribution Agent shall make all distributions required under the Plan, except that distributions to holders of Allowed Claims or Interests governed by a separate agreement and administered by a Servicer Servicer, including the Indentures, shall be be, at the election of the Distribution Agent, deposited with the appropriate ServicerServicer or transmitted by the Distribution Agent directly to holders of the applicable Allowed Claims in accordance with the Plan and the terms of the governing agreements, at which time such distributions shall be deemed complete, and the Servicer Servicer, if applicable, shall deliver such distributions in accordance with the Plan and the terms of the governing agreementagreements. Except as otherwise provided in the Planherein, and notwithstanding any authority to the contrary, distributions to holders of Allowed Claims and InterestsClaims, including Claims and Interests that become Allowed after the Distribution Record Effective Date, shall be made to holders of record as of the Distribution Record Effective Date by the Distribution Agent or a Servicer, as appropriate: (1) to the address of such holder as set forth in the books and records of the applicable Debtor (or if the Debtors have been notified in writing, on or before the date that is 14 10 days before the Effective Date, of a change of address, to the changed address); (2) in accordance with Federal Rule of Civil Procedure 4, as modified and made applicable by Bankruptcy Rule 7004, if no address exists in the Debtors Debtors’ books and records, no Proof of Claim has been filed and the Distribution Agent has not received a written notice of a change of address on or before the date that is 14 10 days before the Effective Date; or (3) on any counsel that has appeared in the Chapter 11 Cases on the holder’s behalf. Notwithstanding anything to the contrary in the Plan, including this Section 6.3(b), distributions under the Plan to holders of Dex East Secured Credit Facility Claims, Dex West Secured Credit Facility Claims and RHDI Secured Credit Facility Claims shall be made to, or to Entities at the direction of, the Dex East Administrative Agent, Dex West Administrative Agent and the RHDI Administrative Agent, respectively, in accordance with the terms of the Plan and the Dex East Secured Credit Agreement, Dex West Secured Credit Agreement and the RHDI Secured Credit Agreement, respectively. The Debtors, the Reorganized Debtors, and the Distribution Agent, as applicable, shall not incur any liability whatsoever on account of any distributions under the Plan. In addition, notwithstanding anything to contrary contained herein, including this Article VI.B, distributions under the Plan to holders of publicly traded securities shall be made in accordance with customary distribution procedures applicable to such securities.

Appears in 1 contract

Samples: Restructuring Support Agreement (Ultra Petroleum Corp)

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Distribution Process. The Distribution Agent shall make all distributions required under the Plan, except that distributions to holders of Allowed Claims or Interests governed by a separate agreement and administered by a Servicer shall be deposited with the appropriate Servicer, at which time such distributions shall be deemed complete, and the Servicer shall deliver such distributions in accordance with the Plan and the terms of the governing agreement. Except as otherwise provided in the Planherein, and notwithstanding any authority to the contrary, distributions to holders of Allowed Claims and Interests, including Claims and Interests that become Allowed after the Distribution Record Effective Date, shall be made to holders of record as of the Distribution Record Effective Date by the Distribution Agent or a Servicer, as appropriate: (1) to the address of such holder as set forth in the books and records of the applicable Debtor (or if the Debtors have been notified in writing, on or before the date that is 14 10 days before the Effective Date, of a change of address, to the changed address); (2) in accordance with Federal Rule of Civil Procedure 4, as modified and made applicable by Bankruptcy Rule 7004, if no address exists in the Debtors books and records, no Proof of Claim has been filed and the Distribution Agent has not received a written notice of a change of address on or before the date that is 14 10 days before the Effective Date; or (3) on any counsel that has appeared in the Chapter 11 Cases on the holder’s behalf. Notwithstanding anything to the contrary in the Plan, including this Section 6.3(b)6.3, distributions under the Plan to holders of Dex East Secured Credit Facility Claims, Dex West Secured Credit Facility Claims and RHDI Secured Credit Term Loan Facility Claims shall be made to, or to Entities at the direction of, the Dex East Administrative Agent, Dex West Administrative Term Loan Agent and the RHDI Administrative Agent, respectively, in accordance with the terms of the Plan and the Dex East Secured Credit Term Loan Agreement, Dex West Secured Credit Agreement and the RHDI Secured Credit Agreement, respectively. The Debtors, the Reorganized Debtors, and the Distribution Agent, as applicable, shall not incur any liability whatsoever on account of any distributions under the Plan.

Appears in 1 contract

Samples: EveryWare Global, Inc.

Distribution Process. The Distribution Agent shall make all distributions required under the Plan, except that with respect to distributions to holders Holders of Allowed Claims or Interests governed by a separate agreement and administered by a Servicer agreement, shall be deposited with the exercise commercially reasonable efforts to implement appropriate Servicer, at which time such distributions shall be deemed complete, and the Servicer shall deliver mechanics governing such distributions in accordance with the Plan and the terms of the relevant governing agreement. Except as otherwise provided in the Planherein, and notwithstanding any authority to the contrary, distributions to holders Holders of Allowed Claims and Existing Interests, including Claims and Interests that become Allowed after the Distribution Record Effective Date, shall be made to holders Holders of record or their respective designees as of 3 business days before the Distribution Record Date by the Distribution Agent or a Servicer, as appropriateEffective Date: (1a) to the address of such holder Holder or designee as set forth in the books and records of the applicable Debtor register (or if the Debtors have appropriate notice has been notified provided pursuant to the governing agreement in writing, on or before the date that is 14 10 calendar days before the Effective Date, of a change of addressaddress or an identification of designee, to the changed addressaddress or to such designee, as applicable); or (2b) in accordance with Federal Rule of Civil Procedure 4, as modified and made applicable by Bankruptcy Rule 7004, if no address exists in the Debtors books and recordsapplicable register, no Proof of Claim has been filed Filed, and the Distribution Agent has not received a written notice of a change of address on or before the date that is 14 10 calendar days before the Effective Date; or (3) on any counsel that has appeared in the Chapter 11 Cases on the holder’s behalf. Notwithstanding anything to the contrary in the Plan, including this Section 6.3(b), distributions under the Plan to holders of Dex East Secured Credit Facility Claims, Dex West Secured Credit Facility Claims and RHDI Secured Credit Facility Claims shall be made to, or to Entities at the direction of, the Dex East Administrative Agent, Dex West Administrative Agent and the RHDI Administrative Agent, respectively, in accordance with the terms of the Plan and the Dex East Secured Credit Agreement, Dex West Secured Credit Agreement and the RHDI Secured Credit Agreement, respectively. The Debtors, the Reorganized Debtors, and the Distribution Agent, as applicable, shall not incur any liability whatsoever on account of any distributions under the Plan. Except as otherwise provided in the Plan, Holders of Claims and Holders of Interests shall not be entitled to interest, dividends, or accruals on the distributions provided for in the Plan, regardless of whether such distributions are delivered on or at any time after the Effective Date.

Appears in 1 contract

Samples: Restructuring Support Agreement (Parker Drilling Co /De/)

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