Effectiveness of this Supplemental Indenture. Upon the execution of this Supplemental Indenture by the Issuers, the Trustee and the Collateral Agent, the Indenture shall be amended and supplemented in accordance herewith, and this Supplemental Indenture shall form a part of the Indenture for all purposes and each Holder shall be bound thereby; provided, however, that the provisions of the Indenture referred to in Section 2 above (such provisions being referred to as the “Amended Provisions”) will remain in effect in the form they existed prior to the execution of this Supplemental Indenture, and the Amended Provisions shall become operative upon the Settlement. The Issuers shall give the Trustee prompt written notice of the occurrence of the Settlement.
Effectiveness of this Supplemental Indenture. This Supplemental Indenture shall be effective as of the Effective Time of the Merger.
Effectiveness of this Supplemental Indenture. This Supplemental Indenture is entered into pursuant to and consistent with Section 9.02 of the Indenture, and nothing herein shall constitute a waiver, amendment, modification or deletion of the Indenture requiring the approval of each Securityholder affected thereby pursuant to clauses (1) through (9) of the first paragraph of Section 9.02 of the Indenture. Upon the execution of this Supplemental Indenture by the Company and the Trustee, the Indenture shall be amended and supplemented in accordance herewith, and this Supplemental Indenture shall form a part of the Indenture for all purposes and each Holder shall be bound thereby; provided, however, that the provisions of the Indenture and the Securities referred to in Articles I and II above (such provisions being referred to as the “Amended Provisions”) will remain in effect in the form they existed prior to the execution of this Supplemental Indenture, and the waivers, amendments, modifications and deletions to the Amended Provisions will not become operative, and the terms of the Indenture will not be waived, amended, modified or deleted, in each case, until the Acceptance.
Effectiveness of this Supplemental Indenture. This Sixth Supplemental Indenture shall become effective upon execution hereof by the Company, Holdings, Spirit NC and the Trustee.
Effectiveness of this Supplemental Indenture. This Supplemental Indenture shall become effective upon execution hereof by the Company, Holdings, the Subsidiary Guarantors and the Trustee.
Effectiveness of this Supplemental Indenture. Upon the execution of this Supplemental Indenture by the Company and the Trustee, the Indenture shall be amended and supplemented in accordance herewith, and this Supplemental Indenture shall form a part of the Indenture for all purposes and each Holder shall be bound thereby; provided, however, that the amendments to the Indenture referred to in Section 2 above will not become operative until the Operative Time.
Effectiveness of this Supplemental Indenture. (a) This Supplemental Indenture is entered into pursuant to and consistent with Section 9.2 of the Indenture. Upon the execution of this Supplemental Indenture by the Company and the Trustee, the Indenture shall be modified, amended and supplemented in accordance herewith, and this Supplemental Indenture shall form a part of the Indenture for all purposes and every Holder of Securities heretofore or hereafter authenticated and delivered under the Indenture shall be bound hereby and thereby.
Effectiveness of this Supplemental Indenture. Upon the execution of this Supplemental Indenture by the Company and the Trustee, the Indenture shall be amended and supplemented in accordance herewith, and this Supplemental Indenture shall form a part of the Indenture for all purposes and each Holder shall be bound thereby; provided, however, that the amendments to the Indenture referred to in Section 2 above will not become operative until the Operative Time. The Company shall give the Trustee prompt written notice of the occurrence of the Operative Time. In the event of the Termination, the Company shall give the Trustee prompt written notice of the occurrence of the Termination and the Supplemental Indenture shall cease to be effective.
Effectiveness of this Supplemental Indenture. (a) This Supplemental Indenture will become effective immediately upon its execution by the parties hereto. This Supplemental Indenture will become operative upon the Consent Payment having been made to the Consenting Holders promptly after the Expiration Time in accordance with the terms of the Consent Solicitation Statement, at which point this Supplemental Indenture shall form a part of the Indenture for all purposes thereunder and each Holder shall be bound thereby. This Supplemental Indenture will terminate and never become operative if the Consent Solicitation is not settled and the Consent Payment is not made to the Consenting Holders promptly after the Expiration Time in accordance with the terms of the Consent Solicitation Statement.
Effectiveness of this Supplemental Indenture. Notwithstanding anything in the Indenture or the Notes, this Supplemental Indenture shall be effective and operative upon the execution and delivery of Consents in respect of at least 98% of the aggregate principal amount of the Notes and the Indenture shall be supplemented in accordance herewith, and this Supplemental Indenture shall form a part of the Indenture for all purposes, and every Holder of Notes heretofore or hereafter authenticated and delivered under the Indenture shall be bound hereby. Except as expressly amended hereby, the Indenture is in all respects ratified and confirmed, and all the terms, conditions and provisions thereof shall remain in full force and effect without offset, defense or counterclaim. The recitals herein and in the PIK Notes shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness thereof. The Trustee makes no representations as to the validity or sufficiency of this Supplemental Indenture or of the PIK Notes. The Trustee shall not be accountable for the use or application by the company of the PIK Notes or of the proceeds thereof.
