Common use of Failure to Surrender Certificates Clause in Contracts

Failure to Surrender Certificates. All KHG Common Stock --------------------------------- certificates must be surrendered to the Exchange Agent within two (2) years after the Effective Date. In the event that any former stockholder of KHG shall not have properly surrendered his KHG Common Stock certificates within two (2) years after the Effective Date, the shares of FFC Common Stock that would otherwise have been issued to him may, at the option of FFC, be sold and the net proceeds of such sale, together with the cash (if any) to which he is entitled in lieu of the issuance of a fractional share and any previously accrued dividends, shall be held by the Exchange Agent in a noninterest bearing account for his benefit. From and after any such sale, the sole right of such former stockholder of KHG shall be the right to collect such net proceeds, cash and accumulated dividends. Subject to all applicable laws of escheat, such net proceeds, cash and accumulated dividends shall be paid to such former stockholder of KHG, without interest, upon proper surrender of his KHG Common Stock certificates.

Failure to Surrender Certificates. All KHG WNB Common Stock --------------------------------- certificates must be surrendered to the Exchange Agent within two (2) years after the Effective Date. In the event that any former stockholder of KHG WNB shall not have properly surrendered his KHG WNB Common Stock certificates within two (2) years after the Effective Date, the shares of FFC Common Stock that would otherwise have been issued to him may, at the option of FFC, be sold and the net proceeds of such sale, together with the cash (if any) to which he is entitled in lieu of the issuance of a fractional share and any previously accrued dividends, shall be held by the Exchange Agent in a noninterest bearing account for his benefit. From and after any such sale, the sole right of such former stockholder of KHG WNB shall be the right to collect such net proceeds, cash and accumulated dividends. Subject to all applicable laws of escheat, such net proceeds, cash and accumulated dividends shall be paid to such former stockholder of KHGWNB, without interest, upon proper surrender of his KHG WNB Common Stock certificates.

Failure to Surrender Certificates. All KHG Miners Common Stock --------------------------------- certificates must be surrendered to the Exchange Agent within two (2) years after the Effective Date. In the event that any former stockholder shareholder of KHG Miners shall not have properly surrendered his KHG Miners Common Stock certificates within two (2) years after the Effective Date, the shares of FFC MP Corp. Common Stock that would otherwise have been issued to him may, at the option of FFCMP Corp., be sold and the net proceeds of such sale, together with the cash (if any) to which he is entitled in lieu of the issuance of a fractional share and any previously accrued dividends, shall be held by the Exchange Agent in a noninterest non-interest bearing account for his benefit. From and after any such sale, the sole right of such former stockholder shareholder of KHG Miners shall be the right to collect such net proceeds, cash and accumulated dividends. Subject to all applicable laws of escheat, such net proceeds, cash and accumulated dividends shall be paid to such former stockholder shareholder of KHGMiners, without interest, upon proper surrender of his KHG Miners Common Stock certificates.

Failure to Surrender Certificates. All KHG DBC Common Stock --------------------------------- certificates must be actually or constructively (as referenced in (b) above) surrendered to the Exchange Agent within two (2) years after the Effective Date. In the event that any former stockholder shareholder of KHG DBC shall not have properly surrendered his KHG DBC Common Stock certificates within two (2) years after the Effective Date, the shares of FFC Common Stock that would otherwise have been issued to him may, at the option of FFC, be sold and the net proceeds of such sale, together with the cash (if any) to which he is entitled in lieu of the issuance of a fractional share and any previously accrued dividends, shall be held by the Exchange Agent in a noninterest bearing account for his benefit. From and after any such sale, the sole right of such former stockholder shareholder of KHG DBC shall be the right to collect such net proceeds, cash and accumulated dividends. Subject to all applicable laws of escheat, such net proceeds, cash and accumulated dividends shall be paid to such former stockholder shareholder of KHGDBC, without interest, upon proper actual or constructive surrender of his KHG DBC Common Stock certificates.

Failure to Surrender Certificates. All KHG SFC Common Stock --------------------------------- certificates must be actually or constructively (as referenced in (b) above) surrendered to the Exchange Agent within two (2) years after the Effective Date. In the event that any former stockholder shareholder of KHG SFC shall not have properly surrendered his KHG SFC Common Stock certificates within two (2) years after the Effective Date, the shares of FFC Common Stock that would otherwise have been issued to him may, at the option of FFC, be sold and the net proceeds of such sale, together with the cash (if any) to which he is entitled in lieu of the issuance of a fractional share and any previously accrued dividends, shall be held by the Exchange Agent in a noninterest bearing account for his benefit. From and after any such sale, the sole right of such former stockholder shareholder of KHG SFC shall be the right to collect such net proceeds, cash and accumulated dividends. Subject to all applicable laws of escheat, such net proceeds, cash and accumulated dividends shall be paid to such former stockholder shareholder of KHGSFC, without interest, upon proper actual or constructive surrender of his KHG SFC Common Stock certificates.