Common use of Delivery of Distributions in General Clause in Contracts

Delivery of Distributions in General. Except as otherwise provided herein, the Distribution Agent shall make distributions to Holders of Allowed Claims as of the Distribution Record Date, or, if applicable, to such Holder’s designee, as appropriate: (a) at the address for each such Holder as indicated on the Debtors’ records as of the Distribution Record Date; (b) to the signatory set forth on any Proof of Claim Filed by such Holder or other representative identified therein (or at the last known addresses of such Holder if no Proof of Claim is Filed or if the Debtors have not been notified in writing of a change of address); (c) at the addresses set forth in any written notices of address changes delivered to the Reorganized Debtors or the applicable Distribution Agent, as appropriate, after the date of any related Proof of Claim; or (d) on any counsel that has appeared in the Chapter 11 Cases on the Holder’s behalf; provided, that the manner of such distributions shall be determined at the discretion of the Reorganized Debtors. All distributions to Holders of DIP Claims shall be made to the DIP Agent or the Exit Facility Agent, as applicable, and the DIP Agent or the Exit Facility Agent shall be, and shall act as, the Distribution Agent with respect to the DIP Claims in accordance with the terms and conditions of this Plan and the applicable debt documents. All distributions to Holders of Term Loan Claims shall be made to the Term Loan Agent, and the Term Loan Agent shall be, and shall act as, the Distribution Agent with respect to the Term Loan Claims in accordance with the terms and conditions of this Plan and the applicable debt documents.

Appears in 1 contract

Sources: Transaction Support Agreement (JOANN Inc.)

Delivery of Distributions in General. Except as otherwise provided herein, the Distribution Agent shall make distributions to Holders of Allowed Claims shall be made to the Holders of record as of the Distribution Record DateDate by the Reorganized Debtors or the Disbursing Agent for all Claims other than General Unsecured Claims, or, if applicable, to such Holder’s designeeand by the GUC Administrator for General Unsecured Claims, as appropriatefollows: (a) at the address for each such Holder as indicated on the Debtors’ records as of the Distribution Record Date; (b1) to the signatory at the address set forth on any the last Proof of Claim Filed by such Holder or other representative identified therein (or at the last known addresses of such Holder if no Proof of Claim is Filed or if the Debtors have not been notified in writing of a change of address); (c2) at the addresses address set forth in any written notices notice of address changes delivered to the Reorganized Debtors or the applicable Distribution Agent, as appropriate, after the date of any related Effective Date; (3) at the address reflected in the Schedules if no Proof of ClaimClaim has been Filed and the Reorganized Debtors have not received a written notice of a change of address; or (d4) on to any counsel that has appeared in the Chapter 11 Cases on the Holder’s behalf; provided. Subject to this Article VI, distributions under the Plan on account of Allowed Claims shall not be subject to levy, garnishment, attachment, or like legal process, so that each Holder of an Allowed Claim shall have and receive the benefit of the distributions in the manner of such distributions shall be determined at set forth in the discretion of Plan. The Debtors, the Reorganized Debtors. All distributions to Holders of DIP Claims shall be made to the DIP Agent or the Exit Facility Agent, as applicable, and the DIP Agent Indenture Trustee shall not incur any liability whatsoever on account of any distributions under the Plan except for gross negligence or the Exit Facility Agent shall be, and shall act as, the Distribution Agent with respect to the DIP Claims in accordance with the terms and conditions of this Plan and the applicable debt documents. All distributions to Holders of Term Loan Claims shall be made to the Term Loan Agent, and the Term Loan Agent shall be, and shall act as, the Distribution Agent with respect to the Term Loan Claims in accordance with the terms and conditions of this Plan and the applicable debt documentswillful misconduct.

Appears in 1 contract

Sources: Restructuring Support Agreement (Petroquest Energy Inc)

Delivery of Distributions in General. Except as otherwise provided herein, the Distribution Disbursing Agent shall make distributions to Holders of Allowed Claims as of the Distribution Record Date, or, if applicable, to such Holder’s designee, as appropriate: (a) at the address for each such Holder as indicated on the Debtors’ records as of the Distribution Record DateDate (or of a designee designated by a Holder of First Lien Claims); (b) to the signatory set forth on any Proof of Claim Filed by such Holder or other representative identified therein (or at the last known addresses of such Holder if no Proof of Claim is Filed or if the Debtors have not been notified in writing of a change of address); (c) at the addresses set forth in any written notices of address changes delivered to the Reorganized Debtors or the applicable Distribution Agent, as appropriate, after the date of any related Proof of Claim; or (d) on any counsel that has appeared in the Chapter 11 Cases on the Holder’s behalf; provided, provided that the manner of such distributions shall be determined at the discretion of the Reorganized Debtors. All distributions to Holders For the avoidance of DIP Claims shall be made to the DIP Agent or the Exit Facility Agent, as applicable, and the DIP Agent or the Exit Facility Agent shall be, and shall act asdoubt, the Distribution Agent with respect Record Date shall not apply to the DIP Claims Securities held through DTC, which shall receive distributions in accordance with the terms and conditions applicable procedures of this Plan and the applicable debt documents. All distributions to Holders of Term Loan Claims shall be made to the Term Loan Agent, and the Term Loan Agent shall be, and shall act as, the Distribution Agent with respect to the Term Loan Claims in accordance with the terms and conditions of this Plan and the applicable debt documentsDTC.

Appears in 1 contract

Sources: Restructuring Support Agreement (Avaya Holdings Corp.)

Delivery of Distributions in General. Except as otherwise provided herein, the Distribution Agent shall make distributions to Holders of Allowed Claims shall be made to the Holders of record as of the Distribution Record DateDate by the Reorganized Debtors or the Disbursing Agent for all Claims other than General Unsecured Claims, or, if applicable, to such Holder’s designeeand by the GUC Administrator for General Unsecured Claims, as appropriatefollows: (a) at the address for each such Holder as indicated on the Debtors’ records as of the Distribution Record Date; (b1) to the signatory at the address set forth on any the last Proof of Claim Filed by such Holder or other representative identified therein (or at the last known addresses of such Holder if no Proof of Claim is Filed or if the Debtors have not been notified in writing of a change of address); (c2) at the addresses address set forth in any written notices notice of address changes delivered to the Reorganized Debtors or the applicable Distribution Agent, as appropriate, after the date of any related Effective Date; (3) at the address reflected in the Schedules if no Proof of ClaimClaim has been Filed and the Reorganized Debtors have not received a written notice of a change of address; or (d4) on to any counsel that has appeared in the Chapter 11 Cases on the Holder’s behalf; provided. Subject to Article VI of the Plan, distributions under the Plan on account of Allowed Claims shall not be subject to levy, garnishment, attachment, or like legal process, so that each Holder of an Allowed Claim shall have and receive the benefit of the distributions in the manner of such distributions shall be determined at set forth in the discretion of Plan. The Debtors, the Reorganized Debtors. All distributions to Holders of DIP Claims shall be made to the DIP Agent or the Exit Facility Agent, as applicable, and the DIP Agent Indenture Trustee shall not incur any liability whatsoever on account of any distributions under the Plan except for gross negligence or the Exit Facility Agent shall be, and shall act as, the Distribution Agent with respect to the DIP Claims in accordance with the terms and conditions of this Plan and the applicable debt documents. All distributions to Holders of Term Loan Claims shall be made to the Term Loan Agent, and the Term Loan Agent shall be, and shall act as, the Distribution Agent with respect to the Term Loan Claims in accordance with the terms and conditions of this Plan and the applicable debt documentswillful misconduct.

Appears in 1 contract

Sources: Restructuring Support Agreement (Petroquest Energy Inc)