Common use of Effectiveness; Operativeness Clause in Contracts

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 First Supplemental Indenture shall become effective and binding on the Company, the Trustee and every Holder of each series of the 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 the 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.