EFFECTIVENESS OF WAIVERS AND AMENDMENTS. This Supplemental Indenture shall be effective as a binding agreement upon execution hereof by the Issuer, the Guarantors and the Trustee; provided, however, that the Proposed Waivers and Amendments set forth in Sections 2 and 3 hereof shall not become effective and operative until the payment of the Consent Fee (as defined in the Consent Solicitation Statement) in accordance with the Consent Solicitation Statement (it being understood the Proposed Waivers and Amendments shall become immediately and fully effective and operative upon such payment). If the Issuer notifies the Trustee in writing that the Issuer no longer wishes to obtain the Proposed Waivers and Amendments and does not intend to pay the Consent Fee at any time, this Supplemental Indenture shall, from and after the Issuer’s delivery of such notice to the Trustee, become and be null and void ab initio. The Issuer shall be under no obligation to pay the Consent Fee.
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Samples: Supplemental Indenture (Alere Inc.), Supplemental Indenture (Alere Inc.), Supplemental Indenture (Alere Inc.)
