Common use of Effectiveness and Effect Clause in Contracts

Effectiveness and Effect. This First Supplemental Indenture, including, without limitation, the amendments provided for in Section 2.08 of Article II hereof, shall take effect on the date hereof; provided, however, that the amendments provided for in Article II hereof, with the exception of the amendments provided for in Section 2.08 of said Article II, shall become operative only upon, and simultaneously with, the delivery to the Trustee of an Officers' Certificate to the effect that all Securities tendered and accepted for payment by the Company pursuant to the Company's Offer to Purchase and Consent Solicitation Statement, dated November 13, 1997 (as the same may have been amended, extended or otherwise modified) (the "Offer"), have been purchased, and such amendments provided for in Article II hereof, with the exception of the amendments provided for in Section 2.08 of said Article II, shall have no force and effect prior to the operative time specified in this Section. Such operative time shall be prior to the consummation of the Refinancing Transactions (as such term is defined in the Offer). Subject to the foregoing, the provisions set forth in this First Supplemental Indenture shall be deemed to be, and shall be construed as part of, the Indenture. All references to the Indenture in the Indenture or in any other agreement, document or instrument delivered in connection therewith or pursuant thereto shall be deemed to refer to the Original Indenture as amended by this First Supplemental Indenture. Except as amended hereby, the Indenture shall remain in full force and effect.

Effectiveness and Effect. This First Supplemental Indenture, including, without limitation, the amendments provided for in Section 2.08 of Article II hereof, Indenture shall take effect on the date hereof; provided, however, that the amendments provided for in Article II hereof, with the exception of the amendments provided for in Section 2.08 of said Article II, Two hereof shall become operative only upon, and simultaneously with, the delivery to date on which the Trustee of an Officers' Certificate to the effect that all Securities Notes validly tendered and are accepted for payment purchase as contemplated by the Company pursuant to the Company's Offer to Purchase and Consent Solicitation Statement, dated November 13December 18, 1997 1998 (as the same may have been amended, extended or otherwise modified) (, the "Offer"), have been purchased, and such amendments provided for in Article II hereof, with the exception of the amendments provided for in Section 2.08 of said Article II, Two hereof shall have no force and or effect prior to the operative time specified in this Section. Such operative time shall be prior to the consummation of the Refinancing Transactions (as such term is defined in the Offer). Subject to the foregoing, the provisions set forth in this First Supplemental Indenture shall be deemed to be, and shall be construed as part of, the Indenture. In the event Notes validly tendered in the Offer are not accepted for purchase as contemplated by the Offer, this Supplemental Indenture shall become null and void. All references to the Indenture in the Indenture or in any other agreement, document or instrument delivered in connection therewith or pursuant thereto shall be deemed to refer to the Original Indenture as amended by this First Supplemental Indenture. Except as amended hereby, the Indenture shall remain in full force and effect.