Effectiveness of First Supplemental Indenture. This First Supplemental Indenture shall become effective as of the Effective Time.
Effectiveness of First Supplemental Indenture. Notwithstanding anything to the contrary elsewhere herein, this First Supplemental Indenture shall become effective only as of the Merger Effective Time. Promptly after the Merger Effective Time, the Company shall provide notice thereof to the Trustee. If the Company notifies the Trustee in writing that the Merger Effective Time will not occur, then the provisions hereof shall not become effective. Upon the effectiveness of this First Supplemental Indenture, the Indenture shall be and be deemed to be modified and amended in accordance herewith and the respective rights, limitations of rights, obligations, duties and immunities under the Indenture of the Trustee, the Company and the Holders affected thereby shall hereafter be determined, exercised and enforced hereunder subject in all respects to such modifications and amendments, and all the terms and conditions of this First Supplemental Indenture shall be and be deemed to be part of the terms and conditions of the Indenture for any and all purposes.
Effectiveness of First Supplemental Indenture. This First Supplemental Indenture shall become effective upon the execution and delivery of this First Supplemental Indenture by the Company, each New Guarantor and the Trustee.
Effectiveness of First Supplemental Indenture. This First Supplemental Indenture shall become effective upon execution hereof by all parties hereto. All of the provisions of this First Supplemental Indenture other than Article I hereof will become operative on, and simultaneously with, the time that this First Supplemental Indenture becomes effective. Article I of this First Supplemental Indenture will become operative upon, and simultaneously with, and shall have no force or effect prior to the purchase by the Company (the “Purchase Date”) of a majority in aggregate principal amount of Notes then outstanding pursuant to the Tender Offer.
Effectiveness of First Supplemental Indenture. This First Supplemental Indenture shall be effective as of the Effective Time. In the event the Merger Agreement shall be terminated or the Merger shall otherwise not become effective, this First Supplemental Indenture shall be null and void and without effect.
Effectiveness of First Supplemental Indenture. This First Supplemental Indenture shall be effective upon the execution and delivery by NSI, the Company, Lightco, Chemco and the Trustee.
Effectiveness of First Supplemental Indenture. This First Supplemental Indenture shall become effective when, and only when duly executed counterparts hereof shall have been executed and delivered by the Company and the Trustee. ARTICLE THREE
Effectiveness of First Supplemental Indenture. This First Supplemental Indenture shall be effective upon (a) its execution and delivery by the parties hereto and (b) the merger of the Company with and into the Surviving Entity.
Effectiveness of First Supplemental Indenture. This First Supplemental Indenture shall become effective immediately upon its execution and delivery, but the Amendments set forth in Articles Two through Four, inclusive, hereof will only become operative (a) contemporaneously with the filing of that certain Certificate of Merger (which is prepared in connection with the Merger Agreement (the “Certificate of Merger”)) with the Secretary of State of Delaware or (b) on such later effective date and/or time, if any, specified in such Certificate of Merger (such applicable time, the “Effective Time”). If the Effective Time has not occurred prior to February 11, 2009, Articles Two through Four, inclusive, of this First Supplemental Indenture shall not become operative. The Company shall provide a certified copy of the Certificate of Merger to the Trustee promptly following its filing with the Secretary of State of Delaware. If such Certificate of Merger has not been filed prior to February 11, 2009, the Company shall promptly, following February 11, 2009, provide written notice to the Trustee that Articles Two through Four, inclusive, of this First Supplemental Indenture have not become operative.
Effectiveness of First Supplemental Indenture. This First Supplemental Indenture shall be effective as of the effective time of the Merger, as defined in the Merger Agreement. SIGNATURES
