|
�....�. _. _ _ _ _ _
<br /> �
<br /> �.33
<br /> - : �
<br /> ' property or 3ncame, the 13.en of �rhieh would be prior to the lien hereof, so tha�, in so far a$ it
<br /> may be la�rful� the priority of this indenture shall be fully pre�enved in respect o� such prop-
<br /> -erties at the cost of the Railroad Companp withautexpense to the Truet9e or the bondholders; p
<br />,
<br /> -vided, ho�rever,- that noth3ng conta.ined in this Section 5 shall require the Railroad Companp to
<br /> pay any su�h_ tax� asaeasment, d� charge , so �ong as the Railroad Company in good fa.i�h and bp app-
<br />�' -ropriate legal �roceedings shall cont�st the va].idity ti�ereof, and that nothing in sa3d bonds or
<br /> I
<br /> • in this indenture contained shall obligate or be deemed to obligate the Ra3lroac� Companp to pay
<br /> � � � �
<br />; anp ta.g, aaee�sment , or other governemntal charge, the agreemen,t to pa����t'h�Ch or the paymen� of
<br />�
<br /> whieh �rauld be cantrary to law, or would resul.t in the forfeiture of �ny right or intereat saeure
<br /> to anp of aaid bondholderg by the terms of sa3.d bonde or of this indenture,
<br /> Sectiori 6. � � The Railroad Company covenanta and agrees that it ui11 at �all t3mes, until
<br /> ,
<br /> I� the papment of the principal of the bonds secured herebp, either keap an^agencp in` the Borough of
<br />� Manhattan, in �he City and State of New York, and also in the Citp of I,ondon, England, �rhere an.y
<br /> such bpnde and coupons may be presented f�s payment and �here notices and demand� in respect of-
<br /> said bonds and coupons maq be served, or designate, by written notice to the Tr�;stae and by adve _
<br /> --tisement , a bank or truet company in eaeh of said cities for such purpoae�. In default of any c�ua
<br /> ageney or any sueh desi�nat3on, presentation and demand map be made and notiee� aerved at the off
<br /> -ice of the Tru�atee.
<br /> �ection 7. The Railroad Compar�y covenants.. and agrees that it will not nagotiate, aell
<br /> or dispose of any. bond h�ereby secured, in any manner other than in ac�ordar�ce with the provieion�
<br /> of this 3ndenturv, and the agreements in that behalf �here3n contained,
<br /> �ection 8. The Ra3lroad GQmpany covene�nte and agrsss that , ezcept as other'�rise i� this
<br /> indenture exnre�sly provided, it will at sll timee, until the payment of the princ3pal of the bo
<br /> secu�ed herebp, cont3nue, ma3ntain, extend and re�ew its corporate eaistence for all the purposes '
<br /> of thia indenture, and maintain, keep in repair, equip and operate, or aauoe to be mainta.ined, ke
<br /> in repair, equipsd and operated� the line� of railroads and other property now or at any time euh
<br /> -�ect to t�k� lisn of this inden�ure.
<br />� ` Sect3on 9. The Ra3lroad Compan� covenants and agrees that whenever required by the Trus -
<br />: _ -ee � it wili grant , conveg, conf3rm, assign, �ransfer and set over unto the Trustee, upon and�$u
<br /> -�ect to the uae� and truste in this indenture se� forth, the esta�e, ri�ht , �itle and intereat o
<br />. the Railroad Company, in, or to, all real and persoanl e��at�a�;;�eorporate rights and frbnehi�ea �rhi
<br /> in any way or manner, 3t shall acquiro as appurtenant to, or for the uee of the railroads he rebp
<br />� mortga�ed; and also it will do, executa, acknowledge and deliver, or it wil7. cause to be done� e
<br /> -acut�d, aaknowledged and delivered, all and every such further acta, deeds, tatans�ers and assus-
<br />� -ancee for the better assu�.n�, conveying and confirming urito �he Trustee all and singular the pr ..
<br /> -ises, esta�es and property herebp conveyed, or int�tid9d so to be, as the Trustee or the holders
<br /> of a ma�oritp in amount oP the bonds secured herebg and then outs�anding �hall reasonably req�zir�
<br /> for bet�er aceompli�ahing the prov3sions and purposes �of this indenture,and for securing payment o
<br />' the prineipal and izrter�et of the bonde intended to be hereby aacured. �
<br /> �
<br /> ARTICLE FI�H.
<br /> TN CABE OI� DEFAULT. . . -
<br /> 3ectio�; 1. In case (1) default shall be made in the papmentof anp interest on any bond
<br />�,
<br /> j' hereby secured, and any such default shall have con�inued for a period of a3a montths; or 3n case
<br />, (a) d+���ult �shall be made in the due and punctual payment of the principal of any bond hereby aec -
<br /> -ed evhen the same ehall become due, �hether upon maturitp thereof or upon declaration as authorise .
<br /> � bp thia in�x�e; or in caes (3) default sha11 be made in the payment of any interest on anp of
<br /> the o1d bonda mentioned and d�scribed in Section 3 od Axt�c18 Second hereof, and any such defaul�C
<br /> - shall have cantinued for a period of sia monthel or in ca�e (4} de��ult shall be mada in t� due
<br />
|