This Agreement shall become effective and binding upon each of the Parties upon execution and delivery by (a) each of the Company Parties, (b) beneficial holders (or investment advisors or managers executing and delivering this Agreement for such beneficial holders) of at least two-thirds (2/3) of the aggregate principal amount of First Lien Secured Notes Claims, (c) beneficial holders (or investment advisors or managers executing and delivering this Agreement for such beneficial holders) of at least two-thirds (2/3) of the aggregate principal amount of 5.50% Convertible Notes Claims, and (d) beneficial holders (or investment advisors or managers executing and delivering this Agreement for such beneficial holders) of at least two-thirds (2/3) of the aggregate principal amount of 6.50% Convertible Notes Claims, of duly executed signature pages for this Agreement to counsel to each other Party (such date, the “ Agreement Effective Date ”).  With respect to any Supporting Noteholder that becomes a Party by executing and delivering a Transferee Joinder Agreement (as defined below) after the Agreement Effective Date, this Agreement shall become effective and binding upon such Supporting Noteholder at the time such Transferee Joinder Agreement is executed and delivered to counsel to the Company, the Ad Hoc Secured Noteholder Committee and the Ad Hoc Convertible Noteholder Committee.