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 is returned as undeliverable, no distribution to such Holder shall be made unless and until the Debtors or the Reorganized Debtors (including the Disbursing Agent), as applicable, or the GUC Administrator solely with respect to General Unsecured Claims, shall have determined the then-current address of such Holder, at which time such distribution shall be made to such Holder without interest; provided that such distributions shall be deemed unclaimed property under section 347(b) of the Bankruptcy Code at the expiration of one year from the Effective Date. After such date, all unclaimed property or interests in property shall be property of the Reorganized Debtors or distributed to Holders of General Unsecured Claims if part of the General Unsecured Claims Distribution without need for a further order by the Court (notwithstanding any applicable federal, provincial, or state 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.

Appears in 1 contract

Sources: Restructuring Support Agreement (Petroquest Energy Inc)

Undeliverable Distributions and Unclaimed Property. In the event that any distribution to any Holder holder is returned as undeliverable, no distribution to such Holder holder shall be made unless and until the Reorganized Debtors or the Reorganized Debtors (including the Disbursing Agent)GUC Trust, as applicable, or the GUC Administrator solely with respect to General Unsecured Claims, shall have determined the then-current address of such Holderholder, at which time such distribution shall be made to such Holder holder without interest; provided that such distributions shall be deemed unclaimed property under section 347(b) of the Bankruptcy Code at the expiration of one year six (6) months from the Effective Date. After such date, all unclaimed property or interests in property shall be property of revert to the applicable Reorganized Debtors or distributed to Holders the GUC Trust (in the case of General Unsecured Claims if part of distributions from the General Unsecured Claims Distribution GUC Trust Assets) without need for a further order by the Bankruptcy Court (notwithstanding any applicable federal, provincial, federal or state escheat, abandoned, or unclaimed property laws to the contrary), and the Claim of any Holder holder to such property or Interest in property shall be discharged and forever barred.

Appears in 1 contract

Sources: Restructuring Support Agreement (Ascena Retail Group, Inc.)

Undeliverable Distributions and Unclaimed Property. In the event that any distribution to any Holder is returned as undeliverable, no distribution to such Holder shall be made unless and until the Debtors Disbursing Agent, the Purchaser, or the Reorganized Debtors (including the Disbursing Agent)applicable Post-Effective-Date Debtor Subsidiary, as applicable, or the GUC Administrator solely with respect to General Unsecured Claims, shall have has determined the then-then current address of such Holder, at which time such distribution shall be made to such Holder without interest; provided that such distributions shall be deemed unclaimed property under section 347(b) of the Bankruptcy Code at the expiration of one year 12 months from the Effective Date. After such date, all unclaimed property or interests in property shall be property of the Reorganized Debtors or distributed to Holders of General Unsecured Claims if part of the General Unsecured Claims Distribution without need for a further order by the Court (notwithstanding any applicable federal, provincial, federal or state escheat, abandoned, or unclaimed property laws to the contrary), all unclaimed property or interests in property shall revert to the Reorganization Trust, the Purchaser, or the applicable Post-Effective-Date Debtor Subsidiary, as applicable, and the Claim of any Holder to such property or Interest interest in property shall be discharged released, settled, compromised, and forever barred.

Appears in 1 contract

Sources: Settlement Agreement (Edison International)