Effectiveness and Operativeness. This Supplemental Indenture shall take effect on the date hereof; however, Article Two of this Supplemental Indenture shall only become operative upon delivery by the Company to the Trustee of an Officers’ Certificate certifying that the Albertsons Acquisition (as defined in Article II hereto) has been consummated and the Company has paid the Consent Fee (as defined in the Consent Solicitation Statement) to the Holders of the Notes.
Effectiveness and Operativeness. The provisions of this First Supplemental Indenture shall become effective, and the amendments provided for in Articles I, II and II of this First Supplemental Indenture shall be operative, immediately upon the execution and delivery by the Trustee of this First Supplemental Indenture.
Effectiveness and Operativeness. This First Supplemental Indenture shall be deemed to have become effective, and the provisions provided for in this First Supplemental Indenture shall be deemed to have become operative as of the date hereof.
Effectiveness and Operativeness. The provisions of this Second Supplemental Indenture will become effective upon execution and delivery hereof and will become operative on the first date that the Company (a) accepts for payment a majority in aggregate principal amount of the outstanding Notes pursuant to the Offer to Purchase and Consent Solicitation Statement dated January 23, 2007, as supplemented by the Supplement thereto dated January 31, 2007 and (b) provides notice of such acceptance to the Trustee.
Effectiveness and Operativeness. This Third Supplemental Indenture shall be deemed to have become effective, and the provisions provided for in this Third Supplemental Indenture shall be deemed to have become operative, immediately upon consummation of the Merger, provided, that:
(a) the Trustee shall have executed a counterpart of this Third Supplemental Indenture and shall have received one or more counterparts of this Third Supplemental Indenture executed by the Successor Company and the Guarantor;
(b) the Trustee shall have received the Officers’ Certificate and Opinion of Counsel described in the recitals of this Third Supplemental Indenture; and
(c) the Trustee shall have received a copy of a Board Resolution of the Company authorizing this Third Supplemental Indenture.
Effectiveness and Operativeness. This Fourth Supplemental Indenture shall be deemed to have become effective, and the provisions provided for in this Fourth Supplemental Indenture shall be deemed to have become operative, immediately upon consummation of the Transfer, provided, that:
(a) the Trustee shall have executed a counterpart of this Fourth Supplemental Indenture and shall have received one or more counterparts of this Fourth Supplemental Indenture executed by the New Issuer;
(b) the Trustee shall have received the Officers’ Certificate and Opinion of Counsel described in the recitals of this Fourth Supplemental Indenture; and
(c) the Trustee shall have received a copy of a Board Resolution of the New Issuer authorizing the execution and delivery by the New Issuer of this Fourth Supplemental Indenture.
Effectiveness and Operativeness. This Second Supplemental Indenture shall be deemed to have become effective, and the provisions provided for in this Second Supplemental Indenture shall be deemed to have become operative, immediately upon consummation of the Merger, provided, that:
(a) the Trustee shall have executed a counterpart of this Second Supplemental Indenture and shall have received one or more counterparts of this Second Supplemental Indenture executed by the Successor Company and the Company;
(b) the Trustee shall have received the Officers’ Certificate and Opinion of Counsel described in the recitals of this Second Supplemental Indenture; and
(c) the Trustee shall have received a copy of a Board Resolution of the Company authorizing this Second Supplemental Indenture.
Effectiveness and Operativeness. By executing this Amendment, each of the Noteholders shall be deemed to have delivered their Consent to this Amendment. This Amendment shall be deemed to have become effective, and the provisions provided for in this Amendment shall be deemed to have become operative, immediately upon consummation of the Merger, provided, that:
(a) the Noteholders shall have executed one or more counterparts of this Amendment and shall have received a counterpart of this Amendment executed by the Successor Company; and
(b) the Noteholders shall have received the Officers’ Certificate and Opinion of Counsel described in the recitals of this Amendment.
Effectiveness and Operativeness. This Supplemental Indenture shall become effective and the amendments provided for in Article I of this Supplemental Indenture shall become operative, immediately upon consummation of the exchange offer and consent solicitation conducted by the Issuer pursuant to the prospectus dated February 27, 2003. This Supplemental Indenture shall terminate automatically if such exchange offer and consent solicitation is not consummated.
Effectiveness and Operativeness. The provisions of this First Supplemental Indenture shall become effective immediately upon the execution and delivery by the Trustee of this First Supplemental Indenture. However, the amendments provided for in Section 1.1 of this First Supplemental Indenture shall only become operative at such time as the Company delivers an Officers' Certificate to the Trustee stating that the operativeness of such amendments does not violate the Credit Agreement.
