The Plan shall be effective as of the Effective Date, subject to the approval of the shareholders of the Company.

The Plan, as amended and restated, is effective on the Effective Date; and shall remain in effect until it is terminated by the Committee or the Board.

Effectiveness of the Plan. The Plan shall be effective with respect to the calendar year beginning ​, and may continue in effect for subsequent calendar years to the extent that the Committee recommends to the Board, and the Board approves, that the Plan be so continued.

EFFECTIVENESS OF THE PLAN. Subject to the approval by the holders of the Common Stock at the 2002 Annual Meeting of Stockholders, the Plan shall be effective with respect to Plan Years beginning on or after ​.

Effectiveness. This Amendment shall become effective as of the first date (the “Amendment Effective Date”) on which the below conditions shall have been satisfied or waived:

Effectiveness. This Agreement shall be binding and deemed effective when executed by Parent, each Borrower, Agent, and each Lender whose signature is provided for on the signature pages hereof.

Effectiveness. This Amendment shall be effective as of the Fourth Amendment Effective Date upon receipt by the Administrative Agent of each of the following items:

The Purchaser shall use commercially reasonable efforts to have the Registration Statement declared effective as soon as practicable. The Purchaser shall notify the Vendor in accordance with [Section 8.1] as promptly as practicable, and in any event, within 24 hours, after the Registration Statement is declared effective and shall simultaneously provide the Vendor with copies of any related Prospectus to be used in connection with the sale or other disposition of the securities covered thereby.

EFFECTIVENESS. This Amendment shall become effective upon # delivery of this Amendment, duly executed by each Borrower and Bank, and # payment of all fees and expenses, as described in [Section 5] of this Amendment, such date being the “Seventh Amendment Effective Date”.

Effectiveness. This letter agreement shall become effective, as of the date hereof, on the date on which # the Noteholders shall have received a fully executed counterpart of this letter agreement from each Credit Party, # the Noteholders shall have received a copy of the fully executed Bank Credit Agreement in form and substance reasonably satisfactory to the Required Holders, and # the Company shall have paid, by wire transfer of immediately available funds, all reasonable fees, charges and disbursements of counsel to the Noteholders in connection with this letter agreement.