Common use of Effectiveness; Amendments to Indenture Clause in Contracts

Effectiveness; Amendments to Indenture. This Ninth Supplemental Indenture shall become effective immediately upon its execution and delivery by each of the Company, the Guarantors, the Trustee, the Collateral Trustee and the Sole Holder; provided that the amendments to the Indenture contemplated in Section 2(a) relative to the addition of the new defined terms “2016 Post 1Q Warrants,” “0000 Xxxx 0X Xxxxxxx Agreements,” and “2016 Post 1Q Warrant Issuance Date” and in Section 2(b) relative to the amendment of the defined term “ Inducement Cash Fee”, in each case, shall (i) only become operative upon the date on which the first 0000 Xxxx 0X Xxxxxxx is issued (the “First Issuance Date”) and the satisfaction of the conditions specified in Section 1 of this Ninth Supplemental Indenture) and (ii) remain effective once in effect for so long as the conditions specified in Section 1 of this Ninth Supplemental Indenture have been satisfied. The Company shall notify the Trustee (i) of the issuance of such first 2016 Post 1Q Warrant promptly following the date on which the first 0000 Xxxx 0X Xxxxxxx is issued and shall specify the date of such issuance or (ii) promptly after the Company shall determine that such issuance will not occur.

Effectiveness; Amendments to Indenture. This Ninth Tenth Supplemental Indenture shall become effective immediately upon its execution and delivery by each of the Company, the Guarantors, the Trustee, the Collateral Trustee and the Sole Holder; provided that the amendments to the Indenture contemplated in Section 2(a2(c) relative to the addition of the new defined terms “2016 Post 2017 1Q Warrants,” “0000 Xxxx 0X Xxxxxxx 2017 1Q Warrant Agreements,” and “2016 Post 2017 1Q Warrant Issuance Date” and in Section 2(b2(d) relative to the amendment of the defined term “ Inducement Cash Fee”, in each case, shall (i) only become operative upon the date on which the first 0000 Xxxx 0X Xxxxxxx 2017 1Q Warrant is issued (the “First Issuance Date”) and the satisfaction of the conditions specified in Section 1 of this Ninth Tenth Supplemental Indenture) and (ii) remain effective once in effect for so long as the conditions specified in Section 1 of this Ninth Tenth Supplemental Indenture have been satisfied. The Company shall notify the Trustee (i) of the issuance of such first 2016 Post 2017 1Q Warrant promptly following the date on which the first 0000 Xxxx 0X Xxxxxxx 2017 1Q Warrant is issued and shall specify the date of such issuance or (ii) promptly after the Company shall determine that such issuance will not occur.

Effectiveness; Amendments to Indenture. This Ninth Eighth Supplemental Indenture shall become effective immediately upon its execution and delivery by each of the Company, the Guarantors, the Trustee, the Collateral Trustee and the Sole Holder; provided that the amendments to the Indenture contemplated in Section 2(a) relative to the addition of the new defined terms “2016 Post 1Q Warrants,” “0000 Xxxx 0X Xxxxxxx 2016 1Q Warrant Agreements,” and “2016 Post 1Q Warrant Issuance Date” and in Section 2(b) relative to the amendment of the defined term “ Inducement Cash Fee”, in each case, shall (i) only become operative upon the date on which the first 0000 Xxxx 0X Xxxxxxx 2016 1Q Warrant is issued (the “First Issuance Date”) and the satisfaction of the conditions specified in Section 1 of this Ninth Eighth Supplemental Indenture) and (ii) remain effective once in effect for so long as the conditions specified in Section 1 of this Ninth Eighth Supplemental Indenture have been satisfied. The Company shall notify the Trustee (i) of the issuance of such first 2016 Post 1Q Warrant 1Q_Warrant promptly following the date on which the first 0000 Xxxx 0X Xxxxxxx 2016 1Q Warrant is issued and shall specify the date of such issuance or (ii) promptly after the Company shall determine that such issuance will not occur.

Effectiveness; Amendments to Indenture. This Ninth Third Supplemental Indenture shall become effective immediately upon its execution and delivery by each of the Company, the Guarantors, the Trustee, the Collateral Trustee and the Sole Representative (acting in the name and on behalf of each Requisite Holder); provided that the amendments to the Indenture contemplated in Section 2(a) relative to the addition of the new defined terms “2016 Post 1Q 2020 3Q Warrants,” “0000 Xxxx 0X Xxxxxxx 2020 3Q Warrant Agreements,” and “2016 Post 1Q 2020 3Q Warrant Issuance Date” and in Section 2(b) relative to the amendment of the defined term “ “Inducement Cash Fee”, in each case, shall (i) only become operative upon the date on which the first 0000 Xxxx 0X Xxxxxxx 2020 3Q Warrant is issued (the “First Issuance Date”) and the satisfaction of the conditions specified in Section 1 of this Ninth Third Supplemental Indenture) , and (ii) remain effective once in effect for so long as the conditions specified in Section 1 of this Ninth Third Supplemental Indenture have been satisfied. The Company shall notify the Trustee (i) of the issuance of such first 2016 Post 1Q 2020 3Q Warrant promptly following the date on which the first 0000 Xxxx 0X Xxxxxxx 2020 3Q Warrant is issued and shall specify the date of such issuance or (ii) promptly after the Company shall determine that such issuance will not occur.

Effectiveness; Amendments to Indenture. This Ninth Second Supplemental Indenture shall become effective immediately upon its execution and delivery by each of the Company, the Guarantors, the Trustee, the Collateral Trustee and the Sole Representative (acting in the name and on behalf of each Requisite Holder); provided that the amendments to the Indenture contemplated in Section 2(a) relative to the addition of the new defined terms “2016 Post 1Q 2020 2Q Warrants,” “0000 Xxxx 0X Xxxxxxx 2020 2Q Warrant Agreements,” and “2016 Post 1Q 2020 2Q Warrant Issuance Date” and in Section 2(b) relative to the amendment of the defined term “ “Inducement Cash Fee”, in each case, shall (i) only become operative upon the date on which the first 0000 Xxxx 0X Xxxxxxx 2020 2Q Warrant is issued (the “First Issuance Date”) and the satisfaction of the conditions specified in Section 1 of this Ninth Second Supplemental Indenture) , and (ii) remain effective once in effect for so long as the conditions specified in Section 1 of this Ninth Second Supplemental Indenture have been satisfied. The Company shall notify the Trustee (i) of the issuance of such first 2016 Post 1Q 2020 2Q Warrant promptly following the date on which the first 0000 Xxxx 0X Xxxxxxx 2020 2Q Warrant is issued and shall specify the date of such issuance or (ii) promptly after the Company shall determine that such issuance will not occur.