Effectiveness of Indenture. (a) Except as specifically provided in this Supplemental Indenture, the Indenture, as heretofore supplemented and amended, shall remain in full force and effect. This Supplemental Indenture shall constitute an indenture supplemental to the Indenture and shall be construed in connection with and form a part of the Indenture for all purposes, and every Holder of Securities heretofore or hereafter authenticated and delivered shall be bound hereby.
(b) The Company represents and warrants that each of the conditions of the Consent Solicitation as set forth in the Consent Solicitation Statement have been satisfied, or where permitted, waived, in all respects.
(c) This Supplemental Indenture shall be effective only upon execution and delivery of this instrument by the parties hereto. Notwithstanding the foregoing sentence, this Supplemental Indenture shall become operative only upon the completion and settlement of the Consent Solicitation and the related exchange offers, with the result that the amendments to the Indenture effected by this Supplemental Indenture shall be not become effective if such Consent Solicitations and related exchange offers are terminated or withdrawn prior to completion or settlement. The Company shall promptly notify the Trustee if the Company shall determine that such closing will not occur.
Effectiveness of Indenture. The terms and conditions of Article 4, 5 and 6 and Section 7.06 of this Indenture shall only be operative at such time as any Securities are outstanding.
Effectiveness of Indenture. The provisions of this Indenture set forth in Article 4, Article 5, Article 6 and Section 7.06 shall not become effective unless and until the Trustee authenticates any Notes under this Indenture.
Effectiveness of Indenture. Except as specifically provided in this Supplemental Indenture, the Indenture, as heretofore supplemented and amended, shall remain in full force and effect. This Supplemental Indenture shall constitute an indenture supplemental to the Indenture and shall be construed in connection with and form a part of the Indenture for all purposes, and every Holder of Securities heretofore or hereafter authenticated and delivered shall be bound hereby.
Effectiveness of Indenture. For the avoidance of doubt, all parties hereto hereby agree that the terms and provisions of this Indenture shall be effective and applicable as of the initial issue date of Securities under this Indenture and at all times thereafter until the time at which no Securities are outstanding.
Effectiveness of Indenture. The provisions of this Indenture as set forth in Article 4, Article 5 and Article 6 shall not be effective unless and until the Company issues Securities hereunder.
Effectiveness of Indenture. This First Supplemental Indenture shall form a part of the Original Indenture in the manner and to the extent herein and therein provided.
Effectiveness of Indenture. This Indenture shall become effective only upon execution by Trustee.
Effectiveness of Indenture. Notwithstanding anything herein to the contrary, the parties hereto acknowledge and agree that until the Closing Date nothing in this Agreement shall be deemed to prejudice any right or rights that the Trustee or the Noteholders may now or in the future have under or in connection with the Indenture or any other document, instrument or agreement entered into in connection therewith, and the terms and provisions of the Indenture shall remain in full force and effect.
Effectiveness of Indenture. This Indenture shall take effect immediately upon payment at maturity of all Series B Notes issued prior to and maturing on April 18, 2018 and receipt by the Commission of written consent to this Indenture from the United States Department of Transportation, an agency of the United States of America, acting by and through the Executive Director of the Build America Bureau and the Series B Bank.
