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The Company hereby confirms, acknowledges and states that the property described on <br />Appendix C attached hereto is subject to the Lien of the Indenture pursuant to Granting Clause <br />Second of the Original Indenture; and, for the avoidance of any doubt, the Company hereby <br />grants, bargains, sells, conveys, assigns, transfers, mortgages, pledges, sets over and confirms to <br />the Trustee, and grants to the Trustee a security interest in, all right, title and interest of the <br />Company in and to such property, as security for the payment of the principal of, premium, if <br />any, and interest, if any, on all Bonds issued under the Indenture and Outstanding (as defined in <br />the Indenture), when payable in accordance with the provisions thereof, and as security for the <br />performance by the Company of, and compliance by the Company with, the covenants and <br />conditions of the Indenture, TO HAVE AND TO HOLD all such property on the same terms as <br />all other property subject to the Lien of the Indenture. <br />8849521v8 <br />201407773 <br />ARTICLE VIII. <br />ADDITIONAL PROPERTY <br />ARTICLE IX. <br />MISCELLANEOUS PROVISIONS <br />18 <br />Section 1. Except as otherwise defined herein or below, all capitalized terms used in <br />this Supplemental Indenture have the meanings stated in the Indenture. <br />"Default Rate" means for any series of First Mortgage Bonds, that rate of interest per <br />annum that is the greater of (i) 2% per annum above the rate of interest stated in clause (a) of the <br />first paragraph of such First Mortgage Bond or (ii) 2% over the rate of interest publicly <br />announced by The Bank of New York Mellon in New York, New York as its "base" or "prime" <br />rate. <br />"Institutional Investor" means with respect to any First Mortgage Bonds of the 4.15% <br />Series or First Mortgage Bonds of the 4.30% Series, as applicable, (a) any original purchaser of a <br />First Mortgage Bond of the 4.15% Series or First Mortgage Bond of the 4.30% Series, as <br />applicable, (b) any holder of a First Mortgage Bond of the 4.15% Series or First Mortgage Bond <br />of the 4.30% Series, as applicable, holding (together with one or more of its affiliates) more than <br />5% of the aggregate principal amount of the First Mortgage Bonds of the 4.15% Series or First <br />Mortgage Bonds of the 4.30% Series, as applicable, then outstanding, (c) any bank, trust <br />company, savings and loan association or other financial institution, any pension plan, any <br />investment company, any insurance company, any broker or dealer, or any other similar financial <br />institution or entity, regardless of legal form, and (d) any Related Fund of any holder of any First <br />Mortgage Bond of the 4.15% Series or First Mortgage Bond of the 4.30% Series, as applicable,. <br />"Related Fund" means, with respect to any holder of any First Mortgage Bond of the <br />4.15% Series or First Mortgage Bond of the 4.30% Series, as applicable, any fund or entity that <br />(i) invests in Securities or bank loans, and (ii) is advised or managed by such holder, the same <br />investment advisor as such holder or by an affiliate of such holder or such investment advisor. <br />