Effectiveness and Effect. This Supplemental Indenture shall take effect on the date hereof, provided, however, that the amendments provided for in Article Two hereof shall become operative only at such time as the Company accepts for payment, pursuant to the offer to purchase Notes set forth in the Company's Offer to Purchase and Consent Solicitation Statement dated October 20, 2004, at least a majority in aggregate principal amount of the outstanding Notes, and notifies the Trustee of such acceptance. Subject to the foregoing, the provisions set forth in this Supplemental Indenture shall be deemed to be, and shall be construed as part of, the Indenture. All references to the Indenture in the Indenture or in any other agreement, document or instrument delivered in connection therewith or pursuant thereto shall be deemed to refer to the Indenture as amended by this Supplemental Indenture. Except as amended hereby, the terms and provisions of the Indenture shall remain in full force and effect.
Effectiveness and Effect. This Third Supplemental Indenture shall take effect on the date hereof. The provisions set forth in this Third Supplemental Indenture shall be deemed to be, and shall be construed as part of, the Indenture. All references to the Indenture in the Indenture or in any other agreement, document or instrument delivered in connection therewith or pursuant thereto shall be deemed to refer to the Indenture as amended by this Third Supplemental Indenture.
Effectiveness and Effect. This Amendment shall become effective as of the date (the “Effective Date”) on which this Amendment shall have been executed and delivered by a duly authorized officer of each party thereto.
Effectiveness and Effect. Upon execution hereof by the Company and the Trustee, this Supplement shall become effective. The provisions set forth in this Supplement shall be deemed to be, and shall be construed as part of, the Indenture. All references to the Indenture in the Indenture or in any other agreement, document or instrument delivered in connection therewith or pursuant thereto shall be deemed to refer to the Indenture as amended by this Supplement. The Indenture shall remain in full force and effect as modified by this Supplement.
Effectiveness and Effect. This Amendment shall become effective as of the date (the “Effective Date”) that each of the following conditions precedent shall have been satisfied:
Effectiveness and Effect. This Supplemental Indenture shall become effective upon its execution. Except as modified, amended and supplemented by this Supplemental Indenture, the provisions of the Indenture are in all respects ratified and confirmed and shall remain in full force and effect. The provisions set forth in this Supplemental Indenture shall be deemed to be, and shall be construed as part of, the Indenture, the terms of which shall bind the Company for the benefit of every holder of the Covered Debt. On and after the date hereof, all references to the Indenture in the Indenture or in any other agreement, document or instrument delivered in connection therewith or pursuant thereto shall be deemed to refer to the Indenture as amended by this Supplemental Indenture.
Effectiveness and Effect. This First Supplemental Indenture, including, without limitation, the amendments provided for in Section 2.08 of Article II hereof, shall take effect on the date hereof; provided, however, that the amendments provided for in Article II hereof, with the exception of the amendments provided for in Section 2.08 of said Article II, shall become operative only upon, and simultaneously with, the delivery to the Trustee of an Officers' Certificate to the effect that all Securities tendered and accepted for payment by the Company pursuant to the Company's Offer to Purchase and Consent Solicitation Statement, dated November 13, 1997 (as the same may have been amended, extended or otherwise modified) (the "Offer"), have been purchased, and such amendments provided for in Article II hereof, with the exception of the amendments provided for in Section 2.08 of said Article II, shall have no force and effect prior to the operative time specified in this Section. Such operative time shall be prior to the consummation of the Refinancing Transactions (as such term is defined in the Offer). Subject to the foregoing, the provisions set forth in this First Supplemental Indenture shall be deemed to be, and shall be construed as part of, the Indenture. All references to the Indenture in the Indenture or in any other agreement, document or instrument delivered in connection therewith or pursuant thereto shall be deemed to refer to the Original Indenture as amended by this First Supplemental Indenture. Except as amended hereby, the Indenture shall remain in full force and effect.
Effectiveness and Effect. This First Supplemental Indenture shall take effect on the date hereof. The provisions set forth in this First Supplemental Indenture shall be deemed to be, and shall be construed as part of, the Indenture. All references to the Indenture in the Indenture or in any other agreement, document or instrument delivered in connection therewith or pursuant thereto shall be deemed to refer to the Indenture as amended by this First Supplemental Indenture.
Effectiveness and Effect. (a) This First Supplemental Indenture shall take effect on the date hereof (the “Effective Date”).
Effectiveness and Effect. (a) This Fifth Supplemental Indenture shall become binding upon execution and effective upon the (i) satisfaction of each of the conditions set forth in Article IV herein, (ii) receipt and delivery of the Requisite Consents to the Company and the Trustee, (iii) execution of this Fifth Supplemental Indenture by the Company and the Trustee and the Intercreditor Agreement in substantially the form attached hereto as Exhibit D by the Company, Agent and the Trustee, and (iv) except with the consent of holders of a majority in aggregate principal amount of the Notes, the accuracy and completeness of all statements, representations and warranties made in connection with this Fifth Supplemental Indenture or in any document delivered in connection herewith. Upon execution and delivery of this Fifth Supplemental Indenture, the Indenture shall be modified, amended and supplemented in accordance with this Fifth Supplemental Indenture, and all the terms and conditions of both shall be read together as though they constitute one instrument, except that, in the case of conflict, the provisions of this Fifth Supplemental Indenture will control. In the case of a conflict between the terms and conditions contained in the Notes and those contained in the Indenture, as modified, amended and supplemented by this Fifth Supplemental Indenture, the provisions of the Indenture, as modified, amended and supplemented by this Fifth Supplemental Indenture, shall control. Each of the Indenture, as modified, amended and supplemented by this Fifth Supplemental Indenture, and the Notes are hereby ratified and confirmed, in all respects, and shall remain in full force and effect and shall bind every Noteholder.
