Common use of OPERATION OF AMENDMENTS Clause in Contracts

OPERATION OF AMENDMENTS. The provisions of this First Supplemental Indenture shall not become operative until the date and time (such date and time, the “Operational Time”) the Company notifies (in writing) The Bank of New York Mellon, as depositary for the Notes under the Tender Offer (the “Depositary”), that the Company has purchased Notes tendered and not withdrawn pursuant to the Tender Offer. In the event the Company notifies (in writing) the Depositary that it has withdrawn or terminated the Tender Offer prior to the Operational Time, this First Supplemental Indenture shall be terminated and be of no force or effect and the Original Indenture shall not be modified hereby. The Company shall promptly notify the Trustee in writing of any notice it gives to the Depositary.

Appears in 2 contracts

Samples: First Supplemental Indenture (B&G Foods, Inc.), First Supplemental Indenture (B&G Foods, Inc.)

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OPERATION OF AMENDMENTS. The provisions of Article I of this First Supplemental Indenture shall not become operative until the date and time (such date and time, the “Operational Time”) at which the Company notifies (in writing) The Bank of New York Mellon, as depositary pays the applicable consideration for the Notes under the Tender Offer (the “Depositary”), that accepted by the Company has purchased Notes tendered for purchase on the Early Acceptance Date, as defined in the Offer to Purchase and not withdrawn pursuant Consent Solicitation Statement dated November 4, 2010 with respect to the Tender Offer. In the event the Company notifies (in writing) the Depositary that it has withdrawn or terminated the Tender Offer prior to the Operational Time, this First Supplemental Indenture shall be terminated and be of no force or effect and the Original Indenture shall not be modified hereby. The Company shall promptly notify the Trustee in writing of any notice it gives to the Depositaryoccurrence of the Operational Time.

Appears in 1 contract

Samples: Eighth Supplemental Indenture (Leap Wireless International Inc)

OPERATION OF AMENDMENTS. The provisions of this First Second Supplemental Indenture shall not become operative until the date and time (such date and time, the "Operational Time") the Company notifies (in writing) The State Street Bank of New York Mellonand Trust Company, as depositary for the Notes Securities under the Company Tender Offer (the "Depositary"), that the Company has purchased Notes Securities tendered and not withdrawn pursuant to the Company Tender Offer. In the event the Company notifies (in writing) the Depositary that it has withdrawn or terminated the Company Tender Offer prior to the Operational Time, this First Second Supplemental Indenture shall be terminated and be of no force or effect and the Original Existing Indenture shall not be modified hereby. The Company shall promptly notify the Trustee in writing of any notice it gives to the Depositary.

Appears in 1 contract

Samples: Indenture (Corrections Corp of America)

OPERATION OF AMENDMENTS. The provisions of this First Supplemental Indenture shall not become operative until the date and time (such date and time, the “Operational Time”) the Company Issuer notifies (in writing) The Bank of New York MellonDepository Trust Company, as depositary for the Notes under the Tender Offer (the “Depositary”), that the Company Issuer has purchased Notes tendered the Consents and not withdrawn pursuant to the Tender OfferConsent Solicitation. In the event the Company Issuer notifies (in writing) the Depositary that it has withdrawn or terminated the Tender Offer Consent Solicitation prior to the Operational Time, this First Supplemental Existing Indenture shall be terminated and be of no force or effect and the Original Indenture shall not be modified hereby. The Company Issuer shall promptly notify the Trustee in writing of any notice it gives to the Depositary.

Appears in 1 contract

Samples: Supplemental Indenture (Amsurg Corp)

OPERATION OF AMENDMENTS. The provisions of this First Supplemental Indenture shall not become operative until the date and time (such date and time, the "Operational Time") the Company notifies (in writing) The U.S. Bank of New York MellonNational Association, as depositary for the Notes under the Tender Offer (the "Depositary"), that the Company has purchased Notes tendered and not withdrawn pursuant to the Tender Offer. In the event the Company notifies (in writing) the Depositary that it has withdrawn or terminated the Tender Offer prior to the Operational Time, this First Supplemental Indenture shall be terminated and be of no force or effect and the Original Indenture shall not be modified hereby. The Company shall promptly notify the Trustee in writing of any notice it gives to the Depositary.

Appears in 1 contract

Samples: Supplemental Indenture (Corrections Corp of America)

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OPERATION OF AMENDMENTS. The provisions of this First Fourth Supplemental Indenture shall not become operative until the date and time (such date and time, the “Operational Time”) the Company notifies (in writing) The U.S. Bank of New York MellonNational Association, as depositary for the Notes under the Tender Offer (the “Depositary”), that the Company has purchased Notes tendered and not withdrawn pursuant to the Tender Offer. In the event the Company notifies (in writing) the Depositary that it has withdrawn or terminated the Tender Offer prior to the Operational Time, this First Fourth Supplemental Indenture shall be terminated and be of no force or effect and the Original Indenture shall not be modified hereby. The Company shall promptly notify the Trustee in writing of any notice it gives to the Depositary.

Appears in 1 contract

Samples: Fourth Supplemental Indenture (Corrections Corp of America)

OPERATION OF AMENDMENTS. The provisions of this First Supplemental Indenture shall not become operative until the date and time (such date and time, the “Operational Time”) the Company notifies (in writing) The Bank of New York Melloni-Deal LLC, as depositary for the Notes under the Tender Offer (the “Depositary”), that the Company has purchased Notes tendered and not withdrawn pursuant to the Tender Offer. In the event the Company notifies (in writing) the Depositary that it has withdrawn or terminated the Tender Offer prior to the Operational Time, this First Supplemental Indenture shall be terminated and be of no force or effect and the Original Indenture shall not be modified hereby. The Company shall promptly notify the Trustee in writing of any notice it gives to the Depositary.

Appears in 1 contract

Samples: First Supplemental Indenture (Brigham Exploration Co)

OPERATION OF AMENDMENTS. The provisions of this First Supplemental Indenture shall not become operative until the date and time (such date and time, the “Operational Time”) the Company notifies (in writing) The Bank of New York MellonGlobal Bondholder Services Corporation, as depositary for the Notes under the Tender Offer (the “Depositary”), that the Company has purchased Notes tendered and not withdrawn pursuant to the Tender Offer. In the event the Company notifies (in writing) the Depositary that it the Company has withdrawn or terminated the Tender Offer prior to the Operational Time, this First Supplemental Indenture shall be terminated and be of no force or effect and the Original Indenture shall not be modified hereby. The Company shall promptly notify the Trustee in writing of any notice it gives to the Depositary.

Appears in 1 contract

Samples: Supplemental Indenture (Lamar Advertising Co/New)

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