Common use of Effect and Operation of Supplemental Indenture Clause in Contracts

Effect and Operation of Supplemental Indenture. This Supplemental Indenture shall be effective and binding immediately upon its execution by the Company, the Guarantors and the Trustee, and thereupon this Supplemental Indenture shall form a part of the Indenture for all purposes, and every Note and Subsidiary Guarantee heretofore or hereafter authenticated and delivered under the Indenture shall be bound hereby; provided however, notwithstanding anything in the Indenture or this Supplemental Indenture to the contrary, the amendments set forth in Section 2 of this Supplemental Indenture shall become operative only upon and simultaneously with, and shall have no force and effect prior to, the Company’s acceptance and payment for Consents validly delivered (and not validly revoked) pursuant to the Consent Solicitation and representing at least a majority in aggregate principal amount of the then-outstanding Notes (such date of payment, the “Consent Payment Date”). If the Consent Solicitation is terminated or withdrawn, or the Company does not accept for payment, the Consents for any reason, this Supplemental Indenture shall not become operative. Except as modified and amended by this Supplemental Indenture, all provisions of the Indenture shall remain in full force and effect.

Effect and Operation of Supplemental Indenture. This Supplemental Indenture shall be effective and binding immediately upon its execution by the Company, the Guarantors and the Trustee, Trustee and thereupon this Supplemental Indenture shall form a part of the Indenture for all purposes, and every Note and Subsidiary Guarantee heretofore or hereafter authenticated and delivered under the Indenture shall be bound hereby; provided however, but, notwithstanding anything in the Indenture or this Supplemental Indenture to the contrary, the amendments set forth in Section 2 of this Supplemental Indenture shall become not be operative only upon and simultaneously with, and shall have no force and effect prior to, until the Company’s acceptance and payment for Consents purchase by the Company of Notes validly delivered (tendered and not validly revoked) withdrawn pursuant to the Consent Solicitation and Offer representing at least a majority in aggregate principal amount of the then-outstanding Notes (such date of payment, the “Consent Payment Date”)outstanding. If the Consent Solicitation Offer is terminated or withdrawn, or the Company does such Notes are not accept accepted for payment, the Consents payment and paid for any reason, this Supplemental Indenture shall will not become operative. Except as modified and amended by this Supplemental Indenture, all provisions of the Indenture shall remain in full force and effect. In the event of conflict between the terms and conditions contained in the Notes and those contained in the Indenture, as modified and amended by this Supplemental Indenture, the provisions of the Indenture, as modified and amended by this Supplemental Indenture, shall control.

Effect and Operation of Supplemental Indenture. This Supplemental Indenture shall be effective and binding immediately upon its execution by the Company, the Guarantors and the Trustee, and thereupon this Supplemental Indenture shall form a part of the Indenture for all purposes, and every Note and Subsidiary Note Guarantee heretofore or hereafter authenticated and delivered under the Indenture shall be bound hereby; provided provided, however, notwithstanding anything in the Indenture or this Supplemental Indenture to the contrary, the amendments set forth in Section 2 of this Supplemental Indenture shall become operative only upon and simultaneously with, and shall have no force and effect prior to, the Company’s acceptance and initial payment for Consents Notes validly delivered tendered (and not validly revokedwithdrawn) pursuant to the Consent Solicitation Tender Offer and representing at least a majority in aggregate principal amount of the then-outstanding Notes (such date of payment, the “Consent Initial Payment Date”). If the Consent Solicitation is terminated or withdrawn, or the Company does not accept for payment, the Consents for any reason, this Supplemental Indenture shall not become operative. Except as modified and amended by this Supplemental Indenture, all provisions of the Indenture shall remain in full force and effect.

Effect and Operation of Supplemental Indenture. This Supplemental Indenture shall be effective and binding immediately upon its execution by the Company, the Guarantors and the Trustee, and thereupon this Supplemental Indenture shall form a part of the Indenture for all purposes, and every Note and Subsidiary Note Guarantee heretofore or hereafter authenticated and delivered under the Indenture shall be bound hereby; provided however, notwithstanding anything in the Indenture or this Supplemental Indenture to the contrary, the amendments set forth in Section 2 Sections 1.01 and 1.02 of this Supplemental Indenture shall become operative only upon and simultaneously with, and shall have no force and effect prior to, the Company’s acceptance and payment for Consents Notes validly delivered tendered (and not validly revokedwithdrawn) pursuant to the Offer on the Settlement Date following the Consent Solicitation and representing at least a majority in aggregate principal amount of the then-outstanding Notes Deadline (such date of payment, the “Consent Payment Date”). If the Consent Solicitation Offer is terminated or withdrawn, or the Company does not accept for paymentpurchase, and pay for, the Consents Notes for any reason, this Supplemental Indenture shall not become operative. Except as modified and amended by this Supplemental Indenture, all provisions of the Indenture shall remain in full force and effect.

Effect and Operation of Supplemental Indenture. This Supplemental Indenture shall be effective and binding immediately upon its execution by the Company, the Guarantors and the Trustee, and thereupon this Supplemental Indenture shall form a part of the Indenture for all purposes, and every Note and Subsidiary Guarantee heretofore or hereafter authenticated and delivered under the Indenture shall be bound hereby; provided however, notwithstanding anything in the Indenture or this Supplemental Indenture to the contrary, the amendments set forth in Section 2 of this Supplemental Indenture shall become operative only upon and simultaneously with, and shall have no force and effect prior to, the Company’s acceptance and initial payment for Consents Notes validly delivered tendered (and not validly revokedwithdrawn) pursuant to the Consent Solicitation Tender Offer and representing at least a majority in aggregate principal amount of the then-outstanding Notes (such date of payment, the “Consent Initial Payment Date”). If the Consent Solicitation Tender Offer is terminated or withdrawn, or the Company does not accept for paymentpurchase, and pay for, the Consents Notes for any reason, this Supplemental Indenture shall not become operative. Except as modified and amended by this Supplemental Indenture, all provisions of the Indenture shall remain in full force and effect.

Effect and Operation of Supplemental Indenture. This Supplemental Indenture shall be effective and binding immediately upon its execution by the Company, the Guarantors and the Trustee, and thereupon this Supplemental Indenture shall form a part of the Indenture for all purposes, and every Note and Subsidiary Note Guarantee heretofore or hereafter authenticated and delivered under the Indenture shall be bound hereby; provided however, notwithstanding anything in the Indenture or this Supplemental Indenture to the contrary, the amendments set forth in Section 2 Sections 1.01 and 1.02 of this Supplemental Indenture shall become operative only upon and simultaneously with, and shall have no force and effect prior to, the Company’s acceptance and payment for Consents Notes validly delivered tendered (and not validly revokedwithdrawn) pursuant to the Consent Solicitation and representing at least a majority in aggregate principal amount of Offer on the then-outstanding Notes Settlement Date following the Early Tender Deadline (such date of payment, the “Consent Payment Date”). The Company shall provide written notice to the Trustee of the occurrence of the Payment Date, or if for any reason this Supplemental Indenture shall not become operative. If the Consent Solicitation Offer is terminated or withdrawn, or the Company does not accept for paymentpurchase, and pay for, the Consents Notes for any reason, this Supplemental Indenture shall not become operative. Except as modified and amended by this Supplemental Indenture, all provisions of the Indenture shall remain in full force and effect.