Common use of Undeliverable Distributions and Unclaimed Property Clause in Contracts

Undeliverable Distributions and Unclaimed Property. In the event that any Distribution to any Holder of an Allowed Claim against the Liquidating Debtors is returned as undeliverable to the Disbursing Agent, the Disbursing Agent shall use commercially reasonable efforts to determine the current address of such Holder, but no Distribution to such Holder shall be made unless and until the Disbursing Agent has determined the then current address of such Holder. All Distributions to Holders of Allowed Claims against the Liquidating Debtors that are unclaimed (including checks that are not negotiated) for a period of for a period of ninety (90) days after any interim Distribution or forty-five (45) days after the final Distribution shall be deemed unclaimed property under Section 347(b) of the Bankruptcy Code and revested in the Liquidating Trust. After such time period, any entitlement of the applicable Holder of an Allowed Claim against the Liquidating Debtors to such Distribution shall be extinguished and forever barred and the Liquidating Trustee shall have no further obligation to make any Distribution to such Holder of any unclaimed Distribution on account of such Allowed Claim against the Liquidating Debtors; provided, however, that the Holder of such Allowed Claim may receive future Distributions on account of such Claim by contacting the Liquidating Trustee or Disbursing Agent not later than thirty (30) days prior to the final Distribution. All funds or other property that vests or revests in the Liquidating Trust pursuant to this Section shall be used to pay any fees and expenses of the Liquidating Trust in accordance with this Liquidating Trust Agreement with any balance to be distributed to other Holders of Allowed Claims in the same Class as part of the final Distribution to Holders of Allowed Claims in that Class. No such funds or other property shall escheat to any federal, state, or local government or other entity for any reason.

Undeliverable Distributions and Unclaimed Property. In the event that any Distribution of Cash to any Holder of an Allowed Claim against the Liquidating Debtors Beneficiary is returned as undeliverable to the Disbursing Agentundeliverable, the Disbursing Agent shall use commercially reasonable efforts to determine the current address of such Holder, but no further Distribution to such Holder Beneficiary shall be made unless and until the Disbursing Agent has determined the Liquidation Trustee or his/her disbursing agent is notified in writing of such Beneficiary’s then current address of address, at which time such Holder. All Distributions Distribution shall be made to Holders of Allowed Claims against the Liquidating Debtors such Beneficiary without interest; provided, however, that are unclaimed (including checks that are not negotiated) unless a Beneficiary asserts a claim for a period of for a period of ninety (90) days after any interim an undeliverable Distribution or within forty-five (45) days after the final such Distribution is returned as undeliverable, such Distribution shall be deemed unclaimed property under Section within the meaning of section 347(b) of the Bankruptcy Code and revested all title to and beneficial interest in the Liquidating TrustLiquidation Trust Assets represented by any such undeliverable Distributions shall be cancelled and revert to and/or remain in the Liquidation Trust automatically and without need for a further order by the Bankruptcy Court (notwithstanding any applicable federal, provincial or state escheat, abandoned or unclaimed property laws to the contrary), and such undeliverable Distributions shall be distributed to the Beneficiaries on account of their Allowed Trust Claims in accordance with this Agreement, the Plan and Confirmation Order. After In the event any check sent to a Beneficiary respecting a Distribution to such time period, any entitlement Beneficiary has not been cashed within one hundred twenty (120) days of the applicable Holder date of an Allowed the respective Distribution, such check shall be cancelled and no additional Distribution shall be made to such Beneficiary, and such Distribution shall be deemed unclaimed property within the meaning of section 347(b) of the Bankruptcy Code, and the Claim against the Liquidating Debtors of any such Beneficiary that may have been entitled to such Distribution shall be extinguished discharged and forever barred from receiving Distributions under this Agreement. After such date, all uncashed Distributions shall become Liquidation Trust property and the Liquidating Trustee shall have no further obligation to make any Distribution to such Holder of any unclaimed Distribution on account of such Allowed Claim against the Liquidating Debtors; provided, however, that the Holder of such Allowed Claim may receive future Distributions on account of such Claim by contacting the Liquidating Trustee or Disbursing Agent not later than thirty (30) days prior revert to the final Distribution. All funds or other property that vests or revests in the Liquidating Trust pursuant to this Section Liquidation Trust, and shall be used to pay any fees and expenses of the Liquidating Trust redistributed in accordance with this Liquidating Trust Agreement, the Plan and the Confirmation Order to the Beneficiaries. The Liquidation Trustee may, in its sole discretion, attempt to determine a Beneficiary’s current address or otherwise locate a Beneficiary, but nothing in this Agreement with any balance or the Plan shall require the Liquidation Trustee to be distributed to other Holders of Allowed Claims in the same Class as part of the final Distribution to Holders of Allowed Claims in that Class. No such funds or other property shall escheat to any federal, state, or local government or other entity for any reasondo so.

Undeliverable Distributions and Unclaimed Property. In the event that any Distribution distribution to any Holder of an Allowed Claim against the Liquidating Debtors Claims or Allowed Interests (as applicable) is returned as undeliverable to the Disbursing Agentundeliverable, the Disbursing Agent shall use commercially reasonable efforts to determine the current address of such Holder, but no Distribution distribution to such Holder holder shall be made unless and until the Disbursing Agent has determined the then then-current address of such Holderholder, at which time all currently due, missed distributions shall be made to such Holder without interest. All Distributions Undeliverable distributions shall remain in the possession of the Reorganized Debtors until such time as a distribution becomes deliverable, or such distribution reverts to Holders the Reorganized Debtors or is cancelled pursuant to this Article VI, and shall not be supplemented with any interest, dividends, or other accruals of Allowed Claims against any kind. Any distribution under the Liquidating Prepackaged Plan that is an unclaimed distribution or remains undeliverable (as reasonably deemed unclaimed or undeliverable by the Reorganized Debtors that are unclaimed (including checks that are not negotiatedor the Disbursing Agent) for a period of for a period of ninety (90) days after any interim Distribution or forty-five (45) days after the final Distribution distribution shall be deemed unclaimed property under Section section 347(b) of the Bankruptcy Code and revested such unclaimed distribution or undeliverable distribution shall revest in the Liquidating Trustapplicable Reorganized Debtor automatically (and without need for a further order by the Bankruptcy Court, notwithstanding any applicable federal, provincial, or estate escheat, abandoned, or unclaimed property Laws to the contrary) and, to the extent such unclaimed distribution is comprised of New Common Interests, then such New Common Interests shall be cancelled. After Upon such time periodrevesting, any entitlement the Claim of the applicable Holder of an Allowed Claim against the Liquidating Debtors or its successors with respect to such Distribution property shall be extinguished cancelled, released, discharged, and forever barred notwithstanding any applicable federal or state escheat, abandoned, or unclaimed property Laws, or any provisions in any document governing the distribution that is an unclaimed distribution, to the contrary, and the Liquidating Trustee shall have no further obligation to make Claim of any Distribution Holder of Claims and Interests to such Holder property or Interest in property shall be discharged and forever barred. The Disbursing Agent shall adjust the distributions of the New Common Interests to reflect any unclaimed Distribution on account of such Allowed Claim against the Liquidating Debtorscancellation; provided, however, that for the Holder avoidance of such Allowed Claim may receive future Distributions on account of such Claim by contacting the Liquidating Trustee or Disbursing Agent doubt, additional Securities shall not later than thirty (30) days prior to the final Distribution. All funds or other property that vests or revests in the Liquidating Trust pursuant to this Section shall be used to pay any fees and expenses of the Liquidating Trust in accordance with this Liquidating Trust Agreement with any balance to be distributed issued to other Holders of Allowed Claims in the same Class as part of the final Distribution to Holders of Allowed Claims in that Class. No such funds or other property shall escheat due to any federal, state, or local government or other entity for any reasonsuch cancellations.

Undeliverable Distributions and Unclaimed Property. In the event that any Distribution distribution to any Holder of an Allowed Claim against the Liquidating Debtors is returned as undeliverable to the Disbursing Agentundeliverable, the Disbursing Agent shall use commercially reasonable efforts to determine the current address of such Holder, but no Distribution distribution to such Holder shall be made unless and until the Disbursing Agent has Reorganized Debtors have determined the then then-current address of such Holder. All Distributions , at which time such distribution shall be made to Holders of Allowed Claims against the Liquidating Debtors such Holder without interest; provided, that are unclaimed (including checks that are not negotiated) for a period of for a period of ninety (90) days after any interim Distribution or forty-five (45) days after the final Distribution such distributions shall be deemed unclaimed property under Section section 347(b) of the Bankruptcy Code and revested in at the Liquidating Trustexpiration of one year from the time of such distribution. After such time perioddate, any entitlement of the applicable Holder of an Allowed Claim against the Liquidating Debtors to such Distribution all unclaimed property or interests in property shall be extinguished and forever barred and the Liquidating Trustee shall have no further obligation to make any Distribution to such Holder of any unclaimed Distribution on account of such Allowed Claim against the Liquidating Debtors; provided, however, that the Holder of such Allowed Claim may receive future Distributions on account of such Claim by contacting the Liquidating Trustee or Disbursing Agent not later than thirty (30) days prior redistributed Pro Rata to the final Distribution. All funds or other property that vests or revests in the Liquidating Trust pursuant to this Section shall be used to pay any fees and expenses of the Liquidating Trust in accordance with this Liquidating Trust Agreement with any balance to be distributed to other Holders of Allowed Claims in the same applicable Class of claims as part the applicable initial Holder to which such unclaimed property or interests in property were distributed subject to the terms and conditions governing distributions in the Plan (it being understood that, for purposes of this Article VI.E.2.d.5, “Pro Rata” shall be determined as if the final Distribution to Holders of Allowed Claims in that Class. No Claim underlying such funds or other property shall escheat to unclaimed distribution had been Disallowed), notwithstanding any applicable federal, provincial, state, or local government other jurisdiction’s escheat, abandoned, or unclaimed property laws to the contrary, and the Claim of any Holder to such property or Interest in property shall be discharged and forever barred. For the avoidance of doubt, any unclaimed property or interests in property with respect to General Unsecured Claims shall be returned to the General Unsecured Recovery Cash Pool Account and distributed in accordance with Article IV.J. of this Plan. A distribution shall be deemed unclaimed if a Holder has not (i) accepted a particular distribution or, in the case of distributions made by check, negotiated such check; (ii) given notice to the Reorganized Debtors or the GUC Oversight Administrator of an intent to accept a particular distribution; (iii) responded to the Debtors’ or Reorganized Debtors’ or GUC Oversight Administrator’s requests for information necessary to facilitate a particular distribution; or (iv) taken any other entity for any reasonaction necessary to facilitate such distribution.