Common use of OPERATION OF AMENDMENTS Clause in Contracts

OPERATION OF AMENDMENTS. Notwithstanding an earlier execution date, the Amendments described in Article II of this Supplemental Indenture shall not become operative until such time as the Company has delivered an Officer's Certificate to the Trustee notifying the Trustee that such Amendments have become operative and certifying that one of the following conditions has been satisfied: (a) on or prior to September 30, 2005, the merger of the Company and Huntsman International LLC (the "Merger") has occurred and the Company has deposited with the Global Bondholder Services Corporation or its successor (the "Information Agent") sufficient funds to pay the Consent Payment to Consenting Holders (each as defined in the Consent Solicitation Statement) and has irrevocably instructed the Information Agent to make such payment; or (b) the Merger has occurred after September 30, 2005 and the Company, on or prior to September 30, 2005, has deposited with the Information Agent sufficient funds to pay the Consent Payment and has irrevocably instructed the Information Agent to make such payment.