Effectiveness and Operativeness

Effectiveness and Operativeness. This Supplemental Indenture shall take effect on the date hereof; however, Article Two of this Supplemental Indenture shall only become operative upon delivery by the Company to the Trustee of an Officers' Certificate certifying that the Albertsons Acquisition (as defined in Article II hereto) has been consummated and the Company has paid the Consent Fee (as defined in the Consent Solicitation Statement) to the Holders of the Notes.