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

Effect of Supplemental Indenture; Effectiveness and Operation. (a) This Supplemental Indenture shall be effective upon execution hereof by the Company, the Guarantors and the Trustee. From and after such date, the Amendments set forth herein shall be deemed to have modified the applicable sections, or portions thereof, or clauses of the Original Indenture. However, this Supplemental Indenture shall cease to have any effect if the Company shall fail to pay to Holders of the Notes the Purchase Price described in the Offer to Purchase (as defined in Section 1.1 of this Supplemental Indenture). (b) This Supplemental Indenture is a supplemental indenture within the meaning of Section 9.02 of the Original Indenture, and the Original Indenture shall be read together with this Supplemental Indenture and shall have the same effect over the Notes in the same manner as if the provisions of the Original Indenture and this Supplemental Indenture were contained in the same instrument. (c) In all other respects, the Original Indenture is confirmed by the parties hereto as supplemented by the terms of this Supplemental Indenture. (d) Subject to 5.02 of this Supplemental Indenture, in the event that there is a conflict or inconsistency between the Original Indenture and this Supplemental Indenture, the provisions of this Supplemental Indenture shall control. (e) The Company hereby covenants to notify the Trustee if the Covenant Reversion Date shall occur on any date prior to October 31, 2005 within 24 hours after such occurrence. (f) Nothing contained in this Supplemental Indenture shall affect any statutory obligation of the Company or the Guarantors under the Exchange Act or the TIA.

Appears in 4 contracts

Samples: Supplemental Indenture (Saks Inc), Second Supplemental Indenture (Saks Inc), Supplemental Indenture (Saks Inc)

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Effect of Supplemental Indenture; Effectiveness and Operation. (a) This Supplemental Indenture shall be effective upon execution hereof by the CompanyIssuer, the Guarantors Mosaic, Mosaic Fertilizer, Mosaic Crop Nutrition and the Trustee. From and after such date, but the Amendments to the Original Indenture as set forth herein shall be deemed to have modified the applicable sections, or portions thereof, or clauses of the Original Indenture. However, in this Supplemental Indenture and the Note Guarantees of Mosaic, Mosaic Fertilizer and Mosaic Crop Nutrition shall cease not become operative until the Officers’ Certificate set forth in Exhibit A hereto has been executed and delivered to have any effect if the Company shall fail to pay to Holders of the Notes the Purchase Price described in the Offer to Purchase (as defined in Section 1.1 of this Supplemental Indenture)Trustee. (b) This Supplemental Indenture is a supplemental indenture within the meaning of Section 9.02 9.2 of the Original Indenture, and the Original Indenture shall be read together with this Supplemental Indenture and shall have the same effect over each Series of the Notes Existing Securities, in the same manner as if the provisions of the Original Indenture and this Supplemental Indenture were contained in the same instrument. (c) In all other respects, the Original Indenture is confirmed by the parties hereto as supplemented by the terms of this Supplemental Indenture. (d) Subject to 5.02 7.2 of this Supplemental Indenture, in the event that there is a conflict or inconsistency between the Original Indenture and this Supplemental Indenture, the provisions of this Supplemental Indenture shall control. (e) The Company hereby covenants to notify the Trustee if the Covenant Reversion Date shall occur on any date prior to October 31, 2005 within 24 hours after such occurrence. (f) Nothing contained in this Supplemental Indenture shall affect any statutory obligation of the Company or the Guarantors under the Exchange Act or the TIA.

Appears in 3 contracts

Samples: Supplemental Indenture (Mosaic Crop Nutrition, LLC), Supplemental Indenture, Supplemental Indenture (Mosaic Co)

Effect of Supplemental Indenture; Effectiveness and Operation. (a) This Supplemental Indenture shall be effective upon execution hereof by the Company, the Guarantors and the Trustee. From and after such date, the Amendments set forth herein shall be deemed to have modified the applicable sections, or portions thereof, or clauses of the Original Indenture. However, this Supplemental Indenture shall cease to have any effect if the Company shall fail to pay to Holders of the Notes the Purchase Price Consent Fee described in the Offer to Purchase Solicitation Documents (as defined in Section 1.1 of this Supplemental Indenture). (b) This Supplemental Indenture is a supplemental indenture within the meaning of Section 9.02 of the Original Indenture, and the Original Indenture shall be read together with this Supplemental Indenture and shall have the same effect over the Notes in the same manner as if the provisions of the Original Indenture and this Supplemental Indenture were contained in the same instrument. (c) In all other respects, the Original Indenture is confirmed by the parties hereto as supplemented by the terms of this Supplemental Indenture. (d) Subject to 5.02 of this Supplemental Indenture, in the event that there is a conflict or inconsistency between the Original Indenture and this Supplemental Indenture, the provisions of this Supplemental Indenture shall control. (e) The Company hereby covenants to notify the Trustee if the Covenant Reversion Date shall occur on any date prior to October 31, 2005 within 24 hours after such occurrence. (f) Nothing contained in this Supplemental Indenture shall affect any statutory obligation of the Company or the Guarantors under the Exchange Act or the TIA.

Appears in 2 contracts

Samples: Supplemental Indenture (Saks Inc), Supplemental Indenture (Saks Inc)

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Effect of Supplemental Indenture; Effectiveness and Operation. (a) This Supplemental Indenture shall be effective upon execution hereof by the Company, the Guarantors and the Trustee. From and after such date, the Amendments set forth herein shall be deemed to have modified the applicable sections, or portions thereof, or clauses of the Original Indenture. However, this Supplemental Indenture shall cease to have any effect if the Company shall fail to pay to Holders of the Notes the Purchase Price Consent Fee described in the Offer to Purchase Solicitation Documents (as defined in Section 1.1 of this Supplemental Indenture). (b) This Supplemental Indenture is a supplemental indenture within the meaning of Section 9.02 14.2 of the Original Indenture, and the Original Indenture shall be read together with this Supplemental Indenture and shall have the same effect over the Notes in the same manner as if the provisions of the Original Indenture and this Supplemental Indenture were contained in the same instrument. (c) In all other respects, the Original Indenture is confirmed by the parties hereto as supplemented by the terms of this Supplemental Indenture. (d) Subject to 5.02 4.2 of this Supplemental Indenture, in the event that there is a conflict or inconsistency between the Original Indenture and this Supplemental Indenture, the provisions of this Supplemental Indenture shall control. (e) The Company hereby covenants to notify the Trustee if the Covenant Reversion Date shall occur on any date prior to October 31, 2005 within 24 hours after such occurrence. (f) Nothing contained in this Supplemental Indenture shall affect any statutory obligation of the Company or the Guarantors under the Exchange Act or the TIA.

Appears in 1 contract

Samples: Supplemental Indenture (Saks Inc)

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