Common use of Undeliverable Property Clause in Contracts

Undeliverable Property. (a) If any distribution of Trust Proceeds to a Post-Consummation Trust Beneficiary is returned to the Plan Administrator as undeliverable, no further distribution to such Post-Consummation Trust Beneficiary shall be made unless and until the Plan Administrator is notified in writing of such Post-Consummation Trust Beneficiary’s then-current address. For purposes of this Agreement, undeliverable distributions shall include checks sent to a Post- Consummation Trust Beneficiary, respecting distributions to such Post-Consummation Trust Beneficiary, which checks have not been cashed within six months following the date of issuance of such checks. Undeliverable distributions shall remain in the possession of the Plan Administrator until the Post-Consummation Trust Beneficiary provides the Plan Administrator with written notice of the Post-Consummation Trust Beneficiary’s then-current address. Upon the Plan Administrator’s timely receipt of the Post-Consummation Trust Beneficiary’s then- current address, the undelivered distributions shall be made on the next Quarterly Distribution Date, subject to Section 4.3(b) hereof. (b) Any undeliverable distribution to a Post-Consummation Trust Beneficiary that is an Unclaimed Distribution for a period of six months after the distribution shall be deemed unclaimed property under section 347(b) of the Bankruptcy Code and such Unclaimed Distribution shall revest in the Post-Consummation Trust. In such cases, all title to and all Beneficial Interests in the funds represented by any such undeliverable distributions shall revert to or remain in the Post-Consummation Trust and shall be redistributed to the remaining Holders of Beneficial Interests in accordance with Section 4.2 of this Agreement. Upon such revesting, the Claim of any Holder or its successors with respect to such property shall be cancelled, discharged, and forever barred notwithstanding any applicable federal or state escheat, abandoned, or unclaimed property laws to the contrary.

Undeliverable Property. (a) If any distribution of Trust Proceeds to a Post-Consummation Liquidation Trust Beneficiary is returned to the Plan Liquidation Trust Administrator as undeliverable, no further distribution to such Post-Consummation Liquidation Trust Beneficiary shall be made unless and until the Plan Liquidation Trust Administrator is notified in writing of such Post-Consummation Liquidation Trust Beneficiary’s then-current address. For purposes of this Agreement, undeliverable distributions shall include checks sent to a Post- Consummation Liquidation Trust Beneficiary, respecting distributions to such Post-Consummation Liquidation Trust Beneficiary, which checks have not been cashed within six months following the date of issuance of such checks. Undeliverable distributions shall remain in the possession of the Plan Liquidation Trust Administrator until the Post-Consummation Liquidation Trust Beneficiary provides the Plan Liquidation Trust Administrator with written notice of the Post-Consummation Liquidation Trust Beneficiary’s then-current address. Upon the Plan Liquidation Trust Administrator’s timely receipt of the Post-Consummation Liquidation Trust Beneficiary’s then- then-current address, the undelivered distributions shall be made on the next Quarterly Distribution Date, subject to Section 4.3(b) hereofof this Agreement. (b) Any undeliverable distribution to a Post-Consummation Liquidation Trust Beneficiary that is an Unclaimed Distribution for a period of six months after the distribution shall be deemed unclaimed property under section 347(b) of the Bankruptcy Code and such Unclaimed Distribution shall revest in the Post-Consummation Liquidation Trust. In such cases, all title to and all Beneficial Interests in the funds represented by any such undeliverable distributions shall revert to or remain in the Post-Consummation Liquidation Trust and shall be redistributed to the remaining Holders of Beneficial Interests in accordance with Section 4.2 of this Agreement. Upon such revesting, the Claim of any Holder or its successors with respect to such property shall be cancelled, discharged, and forever barred notwithstanding any applicable federal or state escheat, abandoned, or unclaimed property laws to the contrary.,