Common use of Effectiveness; Operativeness Clause in Contracts

Effectiveness; Operativeness. This First Supplemental Indenture will become operative upon but only upon the Notification Time. Upon the Notification Time, the Indenture shall be modified and amended in accordance with this First Supplemental Indenture, and all the terms and conditions of both shall be read together as though they constitute one instrument, except that, in case of conflict, the provisions of this First Supplemental Indenture will control. The Indenture, as modified and amended by this First Supplemental Indenture, is hereby ratified and confirmed in all respects and shall bind every holder of 2008 Notes. In case of conflict between the terms and conditions contained in the 2008 Notes and those contained in the Indenture, as modified and amended by this First Supplemental Indenture, the provisions of the Indenture, as modified and amended by this First Supplemental Indenture, shall control.

Effectiveness; Operativeness. This First Supplemental Indenture will become operative upon but only shall be effective as of the date set forth above, upon the Notification Timeexecution hereof by each of the parties hereto. Upon the Notification Timesuch execution, the Indenture shall be modified and amended in accordance with this First Supplemental Indenture, and all the terms and conditions of both shall be read together as though they constitute one instrument, except that, in case of conflict, the provisions of this First Supplemental Indenture will control. The Indenture, as modified and amended by this First Supplemental Indenture, is hereby ratified and confirmed in all respects and shall bind every holder of 2008 the 11½% Notes. In case of conflict between the terms and conditions contained in the 2008 11½% Notes and those contained in the Indenture, as modified and amended by this First Supplemental Indenture, the provisions of the Indenture, as modified and amended by this First Supplemental Indenture, shall control.