Effectiveness and Effect Clause Samples

Effectiveness and Effect. This Supplemental Indenture shall take effect on the date hereof, provided, however, that the amendments provided for in Article Two hereof shall become operative only upon, and simultaneously with, the date on which the Notes (as such term is defined in the Offer as defined below), validly tendered pursuant to Foamex's Offer to Purchase and Consent Solicitation, dated September 2, 1998, as it may be amended or amended and restated, (the "Offer"), are accepted for purchase and such amendments provided for in Article Two hereof shall have no force or effect prior to the operative time specified in this Section. Subject to the foregoing, the provisions set forth in this 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 Indenture as amended by this Supplemental Indenture. Except as amended hereby, the Indenture shall remain in full force and effect.

Effectiveness and Effect. This Third Supplemental Indenture shall take effect on the date hereof. The provisions set forth in this Third 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 Indenture as amended by this Third Supplemental Indenture.

Effectiveness and Effect. Upon execution hereof by the Company and the Trustee, this Supplement shall become effective. The provisions set forth in this Supplement 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 Indenture as amended by this Supplement. The Indenture shall remain in full force and effect as modified by this Supplement.

Effectiveness and Effect. (a) This Third Supplemental Indenture shall become effective upon the receipt and delivery of the requisite consents to the Trustee, and execution of this Supplemental Indenture and the allonge in the form attached hereto as Exhibit A (the “Allonge”) by the Company and the Trustee. Upon execution and delivery of this Third Supplemental Indenture, the Indenture shall be modified, amended and supplemented in accordance with this Third Supplemental Indenture, and all the terms and conditions of both shall be read together as though they constitute one instrument, except that, in the case of conflict, the provisions of this Third Supplemental Indenture will control. In the case of a conflict between the terms and conditions contained in the Notes and those contained in the Indenture, as modified, amended and supplemented by this Third Supplemental Indenture, the provisions of the Indenture, as modified, amended and supplemented by this Third Supplemental Indenture, shall control. Each of the Indenture, as modified, amended and supplemented by this Third Supplemental Indenture, and the Note as amended by the Allonge are hereby ratified and confirmed, in all respects, and shall remain in full force and effect and shall bind every Holder of Notes. (b) In case any provision of this Third Supplemental Indenture shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The Section headings in the Third Supplemental Indenture has been inserted for convenience and reference only, are not to be considered a part of hereof or thereof and shall in no way modify or restrict any of the terms or provisions hereof or thereof. (c) On and after the date hereof, all references to the Indenture in the Indenture or in any agreement, document or instrument delivered in connection therewith or pursuant thereto shall be deemed to refer to the Indenture as modified, amended and supplemented by this Third Supplemental Indenture.

Effectiveness and Effect. (a) This Fifth Supplemental Indenture shall take effect on the date hereof (the "Effective Date"). (b) As of the Effective Date, the Indenture shall be modified and amended in accordance with the provisions of this Fifth Supplemental Indenture, and all the terms and conditions of the Indenture and this Fifth Supplemental Indenture shall be read together as though they constitute one instrument, except that, in the case of conflict, the provisions of this Fifth Supplemental Indenture will control. 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 Indenture as amended by this Fifth Supplemental Indenture. The Indenture, as modified and amended by this Fifth Supplemental Indenture, is hereby ratified and confirmed in all respects and shall be binding upon all Holders.

Effectiveness and Effect. This Supplemental Indenture shall become effective upon its execution. Except as modified, amended and supplemented by this Supplemental Indenture, the provisions of the Indenture are in all respects ratified and confirmed and shall remain in full force and effect. The provisions set forth in this Supplemental Indenture shall be deemed to be, and shall be construed as part of, the Indenture, the terms of which shall bind the Company for the benefit of every holder of the Covered Debt. On and after the date hereof, 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 Indenture as amended by this Supplemental Indenture.

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 Amendment shall become effective as of the date (the “Effective Date”) that each of the following conditions precedent shall have been satisfied: (i) This Amendment, (ii) the Amended and Restated Fee Letter, dated as of the date hereof, and (iii) Amendment No. 4 to the Liquidity Asset Purchase Agreement, dated as of the date hereof, shall have been executed and delivered by a duly authorized officer of each party thereto. (b) The Borrower shall be in compliance with each of its covenants set forth herein and each of the Operative Documents to which it is a party. (c) No event has occurred which constitutes a Facility Termination Event or a Potential Facility Termination Event and the Facility Termination Date shall not have occurred.

Effectiveness and Effect. This Amendment shall be effective on the day (the “Amendment Effective Date”) on which the last to occur of the following: (i) execution by the Seller Parties of this Amendment and (ii) payment to the Agent of an amendment fee in the amount of $2,500 by wire transfer in immediately available funds. Except as otherwise amended by this Amendment, the Agreement shall continue in full force and effect and is hereby ratified and confirmed.