Common use of Operative Time Clause in Contracts

Operative Time. Upon the execution and delivery of this Supplemental Indenture by the Company, the Guarantors and the Trustee, 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 thereby; provided, however, that Section 1 hereof shall become operative upon the satisfaction (or waiver by the Company) of the Conditions (as defined in the Consent Solicitation Statement, dated February 16, 1998, that was provided to Holders of Notes in connection with the Company's solicitation of consents by such Holders to the waiver and amendments set forth herein). Upon the receipt by the Trustee of (i) an Officers' Certificate certifying that such conditions have been satisfied, or waived by the Company, and (ii) an Opinion of Counsel to the effect set forth in Section 8.06 of the Indenture, the amendments set forth herein shall become operative.

Appears in 1 contract

Sources: Supplemental Indenture (Booth Creek Ski Holdings Inc)

Operative Time. Upon the execution and delivery of this Supplemental Indenture by the Company, the Guarantors Company and the Trustee, the Indenture shall be supplemented in accordance herewith, and this Supplemental Indenture shall form a part of the Original Indenture for all purposes, and every Holder of Notes heretofore or hereafter authenticated and delivered under the Original Indenture shall be bound hereby and thereby; providedPROVIDED, however, that Section 1 hereof shall become operative upon the satisfaction (or waiver by the Company) of the Conditions Acquisition Condition (as defined in the Consent Solicitation Statement); PROVIDED, dated February 16in the event that the Acquisition Condition is not satisfied on or prior to January 31, 19982000, that was provided to Holders of Notes in connection with the Company's solicitation of consents by such Holders to the waiver this Supplemental Indenture shall become null and amendments set forth herein)void. Upon the receipt by the Trustee of (i) an Officers' Certificate certifying that such conditions have been satisfied, or waived by the Company, and (ii) an Opinion of Counsel to the effect set forth in Section 8.06 of the Original Indenture, the amendments set forth herein shall become operative.

Appears in 1 contract

Sources: Second Supplemental Indenture (High Voltage Engineering Corp)

Operative Time. Upon the execution and delivery of this Supplemental Indenture by the Company, the Guarantors Company and the Trustee, the Indenture shall be supplemented in accordance herewith, and this Supplemental Indenture shall form a part of the Original Indenture for all purposes, and every Holder of Notes heretofore or hereafter authenticated and delivered under the Original Indenture shall be bound hereby and thereby; provided, however, that Section 1 hereof shall become operative upon the satisfaction (or waiver by the Company) of the Conditions Acquisition Condition (as defined in the Consent Solicitation Statement, dated February 16March 5, 1998, that was provided to Holders of Notes in connection with the Company's solicitation of consents by such Holders to the waiver and amendments set forth herein). Upon the receipt by the Trustee of (i) an Officers' Certificate certifying that such conditions have been satisfied, or waived by the Company, and (ii) an Opinion of Counsel to the effect set forth in Section 8.06 of the Original Indenture, the amendments set forth herein shall become operative.

Appears in 1 contract

Sources: First Supplemental Indenture (High Voltage Engineering Corp)