Common use of Effectiveness and Effect Clause in Contracts

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 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 upon, and simultaneously with, the date on which the Notes (as such time term is defined in the Offer as the Company accepts for paymentdefined below), validly tendered pursuant to the offer to purchase Notes set forth in the CompanyFoamex's Offer to Purchase and Consent Solicitation Statement Solicitation, dated October 20September 2, 20041998, at least a majority as it may be amended or amended and restated, (the "Offer"), are accepted for purchase and such amendments provided for in aggregate principal amount of Article Two hereof shall have no force or effect prior to the outstanding Notes, and notifies the Trustee of such acceptanceoperative time specified in this Section. 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 Supplemental Indenture shall take effect on the date hereof, provided, however, that the amendments provided for in Article Two hereof shall only become operative only at such time if an aggregate principal amount of the Outstanding Securities exceeding 50% of the aggregate principal amount of the Outstanding Securities is accepted by the Issuer for payment on the Early Settlement Date (as the Company accepts for payment, pursuant to the offer to purchase Notes set forth defined in the Company's that certain Offer to Purchase and Consent Solicitation Statement dated October 20, 2004, at least a majority in aggregate principal amount of the outstanding NotesIssuer, dated September 25, 2012), and notifies such amendments provided for in Article Two hereof shall have no force or effect prior to the Trustee of such acceptanceoperative time specified in this Section. 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, provided, however, that the amendments provided for in Article Two hereof shall become operative only at upon, and simultaneously with, the date on which the tenders of Notes (as such time term is defined in the Offer as the Company accepts for payment, defined below) are accepted pursuant to the offer to purchase Notes set forth in the CompanyFoamex's Offer to Purchase and Consent Solicitation Statement Solicitation, dated October 20May 12, 20041997 (as the same may have been amended, at least a majority in aggregate principal amount of extended or otherwise modified) (the outstanding Notes"Offer"), and notifies such amendments provided for in Article Two hereof shall have no force or effect prior to the Trustee of such acceptanceoperative time specified in this Section. Subject to the foregoing, 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. Except as amended hereby, the terms and provisions of the Indenture shall remain in full force and effect.

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 only become operative only at such time if an aggregate principal amount of Securities exceeding $346,000,000 is accepted by the Issuer for payment on the Initial Payment Date (as the Company accepts for payment, pursuant to the offer to purchase Notes set forth defined in the Company's that certain Offer to Purchase and Consent Solicitation Statement of the Issuer, dated October February 20, 2004, at least a majority in aggregate principal amount of the outstanding Notes2007), and notifies such amendments provided for in Article Two hereof shall have no force or effect prior to the Trustee of such acceptanceoperative time specified in this Section. 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 Supplemental Indenture shall take effect on the date hereof, provided, however, that the amendments provided for in Article Two hereof shall only become operative only at such time if an aggregate principal amount of the Notes exceeding 50% of the aggregate principal amount of the Notes is accepted by the Issuer for payment on the Early Settlement Date (as the Company accepts for payment, pursuant to the offer to purchase Notes set forth defined in the Company's that certain Offer to Purchase and Consent Solicitation Statement dated October 20, 2004, at least a majority in aggregate principal amount of the outstanding NotesIssuer, dated May 10, 2016), and notifies such amendments provided for in Article Two hereof shall have no force or effect prior to the Trustee of such acceptanceoperative time specified in this Section 1.1. 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 First 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 upon, and simultaneously with, the date on which the tenders of Notes (as such time term is defined in the Offer as the Company accepts for payment, defined below) are accepted pursuant to the offer to purchase Notes set forth in the CompanyFoamex L.P.'s Offer to Purchase and Consent Solicitation Statement Solicitation, dated October 20May 12, 20041997 (as the same may have been amended, at least a majority in aggregate principal amount of extended or otherwise modified) (the outstanding Notes"Offer"), and notifies such amendments provided for in Article Two hereof shall have no force or effect prior to the Trustee of such acceptanceoperative time specified in this Section. 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 Indenture as amended by this First Supplemental Indenture. Except as amended hereby, the terms and provisions of the Indenture shall remain in full force and effect.

Effectiveness and Effect. This Sixth 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 upon, and simultaneously with, the date on which the tenders of Notes (as such time term is defined in the Offer as the Company accepts for payment, defined below) are accepted pursuant to the offer to purchase Notes set forth in the CompanyFoamex's Offer to Purchase and Consent Solicitation Statement Solicitation, dated October 20May 12, 20041997 (as the same may have been amended, at least a majority in aggregate principal amount of extended or otherwise modified) (the outstanding Notes"Offer"), and notifies such amendments provided for in Article Two hereof shall have no force or effect prior to the Trustee of such acceptanceoperative time specified in this Section. Subject to the foregoing, the provisions set forth in this Sixth 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 Sixth Supplemental Indenture. Except as amended hereby, the terms and provisions of the Indenture shall remain in full force and effect.

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 only become operative only at such time if an aggregate principal amount of Securities exceeding €24,866,500 is accepted by the Issuer for payment on the Initial Payment Date (as the Company accepts for payment, pursuant to the offer to purchase Notes set forth defined in the Company's that certain Offer to Purchase and Consent Solicitation Statement of the Issuer, dated October February 20, 2004, at least a majority in aggregate principal amount of the outstanding Notes2007), and notifies such amendments provided for in Article Two hereof shall have no force or effect prior to the Trustee of such acceptanceoperative time specified in this Section. 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 Supplemental Indenture shall take effect on the date hereof, provided, however, that the amendments provided for in Article Two hereof shall only become operative only at such time if an aggregate principal amount of Securities exceeding $39,028,500 is accepted by the Issuer for payment on the Initial Payment Date (as the Company accepts for payment, pursuant to the offer to purchase Notes set forth defined in the Company's that certain Offer to Purchase and Consent Solicitation Statement dated October 20, 2004, at least a majority in aggregate principal amount of the outstanding NotesIssuer, dated February 14, 2007), and notifies such amendments provided for in Article Two hereof shall have no force or effect prior to the Trustee of such acceptanceoperative time specified in this Section. 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 Fourth 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 upon, and simultaneously with, the date on which the tenders of Notes (as such time term is defined in the Offer as the Company accepts for payment, defined below) are accepted pursuant to the offer to purchase Notes set forth in the CompanyFoamex's Offer to Purchase and Consent Solicitation Statement Solicitation, dated October 20May 12, 20041997 (as the same may have been amended, at least a majority in aggregate principal amount of extended or otherwise modified) (the outstanding Notes"Offer"), and notifies such amendments provided for in Article Two hereof shall have no force or effect prior to the Trustee of such acceptanceoperative time specified in this Section. Subject to the foregoing, the provisions set forth in this Fourth 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 Fourth Supplemental Indenture. Except as amended hereby, the terms and provisions of the Indenture shall remain in full force and effect.

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 only become operative only at such time if an aggregate principal amount of Securities exceeding $250,000,000 is accepted by the Issuer for payment on the Initial Payment Date (as the Company accepts for payment, pursuant to the offer to purchase Notes set forth defined in the Company's that certain Offer to Purchase and Consent Solicitation Statement dated October 20, 2004, at least a majority in aggregate principal amount of the outstanding NotesIssuer, dated December 13, 2006), and notifies such amendments provided for in Article Two hereof shall have no force or effect prior to the Trustee of such acceptanceoperative time specified in this Section. 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 Supplemental Indenture shall take effect on the date hereof, provided, however, that the amendments provided for in Article Two hereof shall only become operative only at such time if an aggregate principal amount of Securities exceeding $75,000,000 is accepted by the Issuer for payment on the Initial Payment Date (as the Company accepts for payment, pursuant to the offer to purchase Notes set forth defined in the Company's that certain Offer to Purchase and Consent Solicitation Statement dated October 20, 2004, at least a majority in aggregate principal amount of the outstanding NotesIssuer, dated February 14, 2007), and notifies such amendments provided for in Article Two hereof shall have no force or effect prior to the Trustee of such acceptanceoperative time specified in this Section. 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 Fifth 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 upon, and simultaneously with, the date on which the tenders of Notes (as such time term is defined in the Offer as the Company accepts for payment, defined below) are accepted pursuant to the offer to purchase Notes set forth in the CompanyFoamex's Offer to Purchase and Consent Solicitation Statement Solicitation, dated October 20May 12, 20041997 (as the same may have been amended, at least a majority in aggregate principal amount of extended or otherwise modified) (the outstanding Notes"Offer"), and notifies such amendments provided for in Article Two hereof shall have no force or effect prior to the Trustee of such acceptanceoperative time specified in this Section. Subject to the foregoing, the provisions set forth in this Fifth 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 Fifth Supplemental Indenture. Except as amended hereby, the terms and provisions of the Indenture shall remain in full force and effect.

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 only become operative only at such time if an aggregate principal amount of the Outstanding Securities exceeding $275,000,000 is accepted by the Issuer for payment on the Initial Payment Date (as the Company accepts for payment, pursuant to the offer to purchase Notes set forth defined in the Company's that certain Offer to Purchase and Consent Solicitation Statement dated October 20, 2004, at least a majority in aggregate principal amount of the outstanding NotesIssuer, dated January 5, 2010), and notifies such amendments provided for in Article Two hereof shall have no force or effect prior to the Trustee of such acceptanceoperative time specified in this Section. 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.