Effectiveness; Operativeness. This First Supplemental Indenture shall become effective and binding on the Company, the Trustee and every Holder of each series of Notes heretofore or hereafter authenticated and delivered under the Indenture, upon the execution and delivery by the parties to this First Supplemental Indenture; provided, however, that the Amendments shall become operative with respect to each series of Notes only upon the consummation and settlement of the Exchange Offer and Consent Solicitation in accordance with the terms and conditions set forth in the Offering Memorandum and Consent Solicitation Statement, including the condition that the Merger shall have been consummated. The Company shall furnish the Trustee with an Officers’ Certificate promptly after the Amendments have become operative, stating that the Amendments have become operative. Unless and the Trustee shall have received such Officers’ Certificate, the Trustee may conclusively presume that the Settlement Date has not occurred and this First Supplemental Indenture and the Amendments have not become operative, as the case may be.
Effectiveness; Operativeness. This Supplemental Indenture (other than Section 1 hereof) will be binding upon the Company, the Guarantors, the Trustee and the Holders as of the date hereof but will not become effective unless and until validly tendered Notes are purchased pursuant to the Offer on the settlement date.
Effectiveness; Operativeness. This First Supplemental Indenture will become operative upon but only upon the Notification Time. Upon the Notification Time, the Indenture shall be modified and amended in accordance with this First Supplemental Indenture, and all the terms and conditions of both shall be read together as though they constitute one instrument, except that, in case of conflict, the provisions of this First Supplemental Indenture will control. The Indenture, as modified and amended by this First Supplemental Indenture, is hereby ratified and confirmed in all respects and shall bind every holder of 2008 Notes. In case of conflict between the terms and conditions contained in the 2008 Notes and those contained in the Indenture, as modified and amended by this First Supplemental Indenture, the provisions of the Indenture, as modified and amended by this First Supplemental Indenture, shall control.
Effectiveness; Operativeness. 1. This Supplemental Indenture (other than Sections 1 and 2 hereof) will become effective and binding upon the Issuers, the Trustee and the Holders as of the latter of the date hereof and (ii) the date on which the Opinion of Counsel and Officers' Certificate required by the Indenture is delivered to the Trustee; and
Effectiveness; Operativeness. This Third Supplemental Indenture will become effective and binding upon the Issuers, the Guarantors, the Trustee and the Holders of the Notes upon execution and delivery of this Third Supplemental Indenture. All of the provisions of this Third Supplemental Indenture other than Article I hereof will become operative on, and simultaneously with, the time that this Third Supplemental Indenture becomes effective. Article I of this Third Supplemental Indenture will become operative upon, and simultaneously with, and shall have no force or effect prior to, the written notification to the Trustee by the Issuers that they have accepted for purchase and payment (the “Early Settlement Date”) Notes constituting at least a majority in aggregate principal amount of the Notes then outstanding, pursuant to the terms of the Tender Offer.
Effectiveness; Operativeness. 3 Section 2.01 Effectiveness.................................................3 Section 2.02 Operativeness.................................................3 ARTICLE III. MISCELLANEOUS.................................................4 Section 3.01 Reference to and Effect on the Indenture......................4 Section 3.02 Integral Part.................................................4 Section 3.03 Adoption, Ratification and Confirmation.......................4
Effectiveness; Operativeness. This Second Supplemental Indenture shall become effective and binding upon the Company, the Guarantors, the Trustee and the holders of Securities immediately upon its execution and delivery by the parties hereto and shall become operative on and simultaneously with written notification to the Trustee by the Company that it has purchased pursuant to the Tender Offer all Securities validly tendered pursuant to the Tender Offer and not validly withdrawn prior to the expiration of the Tender Offer. In the event that the Tender Offer and Consent Solicitation are terminated or withdrawn, this Second Supplemental Indenture shall be null and void.
Effectiveness; Operativeness. (a) Subject to Section 3(c) below, this Supplemental Indenture will become binding on the parties hereto upon the delivery by the Issuer of (i) an Officers' Certificate (as defined in the Indenture) to the effect that the Issuer has accepted for purchase at least a majority in aggregate principal amount of the outstanding Notes, and (ii) an Opinion of Counsel (as defined in the Indenture) required by Section 9.03 of the Indenture and in the form attached hereto as Exhibit A (subject to customary limitations, assumptions and qualifications).
Effectiveness; Operativeness. Sections 1 and 2 of this Supplemental Indenture shall become effective and binding upon the Authority, the Trustee, the Guarantor and the holders of the Notes immediately upon the execution and delivery of this Supplemental Indenture and, except for Section 1.2 hereof, shall become operative on and simultaneously with the acceptance for purchase by the Authority of at least a majority of the Outstanding Amount in the Offer; provided, however, that this Supplemental Indenture will cease to be operative if the Authority fails to purchase outstanding Notes comprising at least a majority of the Outstanding Amount. Section 1.2 of this Supplemental Indenture shall become operative on and simultaneously with the acceptance for purchase by the Authority of at least two-thirds of the Outstanding Amount in the Offer; provided, however, that Section 1.2 of this Supplemental Indenture will cease to be operative if the Authority fails to purchase outstanding Notes comprising at least two-thirds of the Outstanding Amount.
Effectiveness; Operativeness. This Supplemental Indenture will become effective and binding upon the Company, the Trustee and the Holders of the Notes upon execution and delivery of this Supplemental Indenture. All of the provisions of this Supplemental Indenture other than Article I hereof will become operative on, and simultaneously with, the time that this Supplemental Indenture becomes effective. Article I of this Supplemental Indenture will become operative upon, and simultaneously with, and shall have no force or effect prior to, the written notification to the Trustee by the Company that it has accepted for purchase and payment (the “Early Settlement Date”) Notes constituting at least a majority in aggregate principal amount of the Notes then outstanding, pursuant to the terms of the Tender Offer.
