Common use of Effectiveness and Effect Clause in Contracts

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 Supplemental Indenture shall take effect on the date hereof, provided, however, that the amendments provided for in Article Two hereof shall only become operative only upon, and simultaneously with, if an aggregate principal amount of the date Outstanding Securities exceeding 50% of the aggregate principal amount of the Outstanding Securities is accepted by the Issuer for payment on which the Notes Early Settlement Date (as such term is defined in the Offer as defined below), validly tendered pursuant to Foamex's that certain Offer to Purchase and Consent SolicitationSolicitation Statement of the Issuer, dated September 225, 1998, as it may be amended or amended and restated, (the "Offer"2012), 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 Supplemental Indenture shall take effect on the date hereof, provided, however, that the amendments provided for in Article Two hereof shall become operative only uponat such time as the Company accepts for payment, and simultaneously with, pursuant to the date on which the offer to purchase Notes (as such term is defined set forth in the Offer as defined below), validly tendered pursuant to FoamexCompany's Offer to Purchase and Consent SolicitationSolicitation Statement dated October 20, dated September 22004, 1998at least a majority in aggregate principal amount of the outstanding Notes, as it may be amended or amended and restated, (notifies the "Offer"), are accepted for purchase and Trustee of such amendments provided for in Article Two hereof shall have no force or effect prior to the operative time specified in this Sectionacceptance. 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 terms and provisions of the Indenture shall remain in full force and effect.

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 only become operative only upon, and simultaneously with, if an aggregate principal amount of Securities exceeding $39,028,500 is accepted by the date Issuer for payment on which the Notes Initial Payment Date (as such term is defined in the Offer as defined below), validly tendered pursuant to Foamex's that certain Offer to Purchase and Consent SolicitationSolicitation Statement of the Issuer, dated September 2February 14, 1998, as it may be amended or amended and restated, (the "Offer"2007), 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 Fourth 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 tenders of Notes (as such term is defined in the Offer as defined below), validly tendered ) are accepted pursuant to Foamex's Offer to Purchase and Consent Solicitation, dated September 2May 12, 19981997 (as the same may have been amended, as it may be amended extended or amended and restated, otherwise modified) (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 Fourth 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 Fourth Supplemental Indenture. Except as amended hereby, the Indenture shall remain in full force and effect.

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 only become operative only upon, and simultaneously with, if an aggregate principal amount of Securities exceeding $250,000,000 is accepted by the date Issuer for payment on which the Notes Initial Payment Date (as such term is defined in the Offer as defined below), validly tendered pursuant to Foamex's that certain Offer to Purchase and Consent SolicitationSolicitation Statement of the Issuer, dated September 2December 13, 1998, as it may be amended or amended and restated, (the "Offer"2006), 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. (a) This First Supplemental Indenture shall take effect on the date hereof, ; provided, however, that the amendments provided for in Amendments set forth on Schedule 1 hereto and made pursuant to Article Two 1 hereof shall become operative only upon, upon the date of 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 not any force or effect prior to, the delivery by the Company to the operative time specified in this Section. Subject Trustee of an Officers’ Certificate stating that on that date, after delivery of such Officers’ Certificate, the Company will accept Notes for exchange pursuant to the foregoing, the Exchange Offer referred to in such Officers’ Certificate. (b) The provisions set forth in this First Supplemental Indenture shall be deemed to be, and shall be construed as part of, the IndentureIndenture to the same extent as if set forth fully therein. 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 First Supplemental Indenture. Except as amended hereby, the Indenture shall remain in full force and effect.

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 only become operative only upon, and simultaneously with, if an aggregate principal amount of Securities exceeding $346,000,000 is accepted by the date Issuer for payment on which the Notes Initial Payment Date (as such term is defined in the Offer as defined below), validly tendered pursuant to Foamex's that certain Offer to Purchase and Consent SolicitationSolicitation Statement of the Issuer, dated September 2February 20, 1998, as it may be amended or amended and restated, (the "Offer"2007), 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 Supplemental Indenture shall take effect on the date hereof, provided, however, that the amendments provided for in Article Two hereof shall only become operative only upon, and simultaneously with, if an aggregate principal amount of the date Outstanding Securities exceeding $275,000,000 is accepted by the Issuer for payment on which the Notes Initial Payment Date (as such term is defined in the Offer as defined below), validly tendered pursuant to Foamex's that certain Offer to Purchase and Consent SolicitationSolicitation Statement of the Issuer, dated September 2January 5, 1998, as it may be amended or amended and restated, (the "Offer"2010), 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, provided, however, that the amendments provided for in Article Two hereof shall become operative only upon, and simultaneously with, the date on which the tenders of Notes (as such term is defined in the Offer as defined below), validly tendered ) are accepted pursuant to Foamex's Offer to Purchase and Consent Solicitation, dated September 2May 12, 19981997 (as the same may have been amended, as it may be amended extended or amended and restated, otherwise modified) (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 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. Except as amended hereby, the Indenture shall remain in full force and effect.

Effectiveness and Effect. This First 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 tenders of Notes (as such term is defined in the Offer as defined below), validly tendered ) are accepted pursuant to FoamexFoamex L.P.'s Offer to Purchase and Consent Solicitation, dated September 2May 12, 19981997 (as the same may have been amended, as it may be amended extended or amended and restated, otherwise modified) (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 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 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 Sixth 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 tenders of Notes (as such term is defined in the Offer as defined below), validly tendered ) are accepted pursuant to Foamex's Offer to Purchase and Consent Solicitation, dated September 2May 12, 19981997 (as the same may have been amended, as it may be amended extended or amended and restated, otherwise modified) (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 Sixth 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 Sixth Supplemental Indenture. Except as amended hereby, the Indenture shall remain in full force and effect.

Effectiveness and Effect. This Fifth 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 tenders of Notes (as such term is defined in the Offer as defined below), validly tendered ) are accepted pursuant to Foamex's Offer to Purchase and Consent Solicitation, dated September 2May 12, 19981997 (as the same may have been amended, as it may be amended extended or amended and restated, otherwise modified) (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 Fifth 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 Fifth Supplemental Indenture. Except as amended hereby, the Indenture shall remain in full force and effect.

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 only become operative only upon, and simultaneously with, if an aggregate principal amount of Securities exceeding $75,000,000 is accepted by the date Issuer for payment on which the Notes Initial Payment Date (as such term is defined in the Offer as defined below), validly tendered pursuant to Foamex's that certain Offer to Purchase and Consent SolicitationSolicitation Statement of the Issuer, dated September 2February 14, 1998, as it may be amended or amended and restated, (the "Offer"2007), 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 Supplemental Indenture shall take effect on the date hereof, provided, however, that the amendments provided for in Article Two hereof shall only become operative only upon, and simultaneously with, if an aggregate principal amount of Securities exceeding €24,866,500 is accepted by the date Issuer for payment on which the Notes Initial Payment Date (as such term is defined in the Offer as defined below), validly tendered pursuant to Foamex's that certain Offer to Purchase and Consent SolicitationSolicitation Statement of the Issuer, dated September 2February 20, 1998, as it may be amended or amended and restated, (the "Offer"2007), 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 Supplemental Indenture shall take effect on the date hereof, provided, however, that the amendments provided for in Article Two hereof shall only become operative only upon, and simultaneously with, the date on which if an aggregate principal amount of the Notes exceeding 50% of the aggregate principal amount of the Notes is accepted by the Issuer for payment on the Early Settlement Date (as such term is defined in the Offer as defined below), validly tendered pursuant to Foamex's that certain Offer to Purchase and Consent SolicitationSolicitation Statement of the Issuer, dated September 2May 10, 1998, as it may be amended or amended and restated, (the "Offer"2016), 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 SectionSection 1.1. 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.