Effectiveness of this Supplemental Indenture. Upon the execution of this Supplemental Indenture by the Issuers, the Trustee and the Collateral Agent, the Indenture shall be amended and supplemented in accordance herewith, and this Supplemental Indenture shall form a part of the Indenture for all purposes and each Holder shall be bound thereby; provided, however, that the provisions of the Indenture referred to in Section 2 above (such provisions being referred to as the “Amended Provisions”) will remain in effect in the form they existed prior to the execution of this Supplemental Indenture, and the Amended Provisions shall become operative upon the Settlement. The Issuers shall give the Trustee prompt written notice of the occurrence of the Settlement.
Effectiveness of this Supplemental Indenture. This Supplemental Indenture shall be effective as of the Effective Time of the Merger.
Effectiveness of this Supplemental Indenture. This Supplemental Indenture is entered into pursuant to and consistent with Section 9.02 of the Indenture, and nothing herein shall constitute a waiver, amendment, modification or deletion of the Indenture requiring the approval of each Securityholder affected thereby pursuant to clauses (1) through (9) of the first paragraph of Section 9.02 of the Indenture. Upon the execution of this Supplemental Indenture by the Company and the Trustee, the Indenture shall be amended and supplemented in accordance herewith, and this Supplemental Indenture shall form a part of the Indenture for all purposes and each Holder shall be bound thereby; provided, however, that the provisions of the Indenture and the Securities referred to in Articles I and II above (such provisions being referred to as the “Amended Provisions”) will remain in effect in the form they existed prior to the execution of this Supplemental Indenture, and the waivers, amendments, modifications and deletions to the Amended Provisions will not become operative, and the terms of the Indenture will not be waived, amended, modified or deleted, in each case, until the Acceptance.
Effectiveness of this Supplemental Indenture. This Sixth Supplemental Indenture shall become effective upon execution hereof by the Company, Holdings, Spirit NC and the Trustee.
Effectiveness of this Supplemental Indenture. Upon the execution of this Supplemental Indenture by the Company and the Trustee, the Indenture shall be amended and supplemented in accordance herewith, and this Supplemental Indenture shall form a part of the Indenture for all purposes, and the parties hereto and every Holder of Notes shall be bound hereby. Simultaneously therewith the Notes shall be deemed supplemented and amended for all purposes, as and to the same extent as the Indenture has been supplemented and amended hereby. Each of the Company and the Trustee hereby confirms and ratifies the Indenture in all respects except as specifically modified by this Supplemental Indenture.
Effectiveness of this Supplemental Indenture. This Supplemental Indenture shall become effective upon execution hereof by the Company, Holdings, the Subsidiary Guarantors and the Trustee.
Effectiveness of this Supplemental Indenture. Upon the execution of this Supplemental Indenture by the Company and the Trustee, the Indenture shall be amended and supplemented in accordance herewith, and this Supplemental Indenture shall form a part of the Indenture for all purposes and each Holder shall be bound thereby; provided, however, that the amendments to the Indenture referred to in Section 2 above will not become operative until the Operative Time. The Company shall give the Trustee prompt written notice of the occurrence of the Operative Time.
Effectiveness of this Supplemental Indenture. (a) This First Supplemental Indenture shall become effective upon execution hereof by the Company, Holdings, Spirit NC, the Trustee and the Collateral Agent, but the amendments to the Indenture provided for in Section 2 hereof and the release of Collateral provided in Section 3 hereof shall not become operative except as set forth in Section 4(b) below.
(b) The amendments to the Indenture provided for in Section 2 hereof and the release of Collateral provided for in Section 3 hereof shall become operative only at the time and on the date at which relevant consideration relating to the Notes pursuant to the Solicitation is paid, subject to the terms and conditions set forth in the Solicitation Statement. The Trustee and the Collateral Agent may conclusively presume that the amendments to the Indenture provided for in Section 2 hereof and the release of Collateral provided in Section 3 hereof shall not have become operative unless and until the Company has notified the Trustee and the Collateral Agent in writing (which may be by email) stating that such amendments and release have become operative and the date they became operative; provided that any failure of the Company to notify the Trustee and Collateral Agent pursuant to this sentence, or any defect in such notice, (i) shall not constitute a Default or Event of Default under the Indenture and (ii) shall not, in any way, impair or affect the validity or effectiveness of this First Supplemental Indenture or such amendments or release.
Effectiveness of this Supplemental Indenture. (a) This Supplemental Indenture is entered into pursuant to and consistent with Section 9.2 of the Indenture. Upon the execution of this Supplemental Indenture by the Company and the Trustee, the Indenture shall be modified, amended and supplemented in accordance herewith, and this Supplemental Indenture shall form a part of the Indenture for all purposes and every Holder of Securities heretofore or hereafter authenticated and delivered under the Indenture shall be bound hereby and thereby.
(b) This Supplemental Indenture shall become effective only upon the satisfaction of the following conditions: (i) the Trustee (and, in connection with clause (E) below only, the Company) shall have received (A) a counterpart of this Supplemental Indenture duly executed by the Company and the Trustee, (B) an Opinion of Counsel relating to this Supplemental Indenture in accordance with Sections 1.2 and 9.3 of the Indenture, (C) an Officer’s Certificate relating to this Supplemental Indenture in accordance with Sections 1.2 and 9.3 of the Indenture, (D) a Board Resolution of the Company authorizing the Company to enter into this Supplemental Indenture, and (E) the written consent of the Holders of each Outstanding Security by Act of said Holders, and (ii) the Company shall have paid all reasonable attorneys’ fees and disbursements of TP Management LLC, Taberna V, Taberna VI and the Trustee in connection with this Supplemental Indenture, and all other amounts due and owing to the Trustee, if any, which such expenses shall be paid prior to or simultaneously with the execution of this Supplemental Indenture.
(c) By their signature and consent hereto, each of the Holders hereby waives the requirement of the Trustee to deliver a copy of this Supplemental Indenture to each Holder pursuant to Section 9.3 of the Indenture.
Effectiveness of this Supplemental Indenture. (a) This Supplemental Indenture will become effective immediately upon its execution by the parties hereto. This Supplemental Indenture will become operative upon the Consent Payment having been made to the Consenting Holders promptly after the Expiration Time in accordance with the terms of the Consent Solicitation Statement, at which point this Supplemental Indenture shall form a part of the Indenture for all purposes thereunder and each Holder shall be bound thereby. This Supplemental Indenture will terminate and never become operative if the Consent Solicitation is not settled and the Consent Payment is not made to the Consenting Holders promptly after the Expiration Time in accordance with the terms of the Consent Solicitation Statement.
(b) Upon this Supplemental Indenture becoming operative as provided in the preceding clause (a), this Supplemental Indenture and the amendments set forth herein shall have retroactive effect and application from and after November 15, 2018, prior to giving effect to the completion of the Poseidon Transactions.
