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201500400
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Last modified
4/14/2015 11:52:42 AM
Creation date
1/20/2015 3:31:06 PM
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DEEDS
Inst Number
201500400
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201500400 <br />(ii) the item set forth in clause (iv) of paragraph (a) of this Section 1.03 being calculated without <br />regard to income derived by the Company from any electric and/or gas utility business of the <br />Company in which the Mortgaged Property is not utilized (but otherwise in accordance this <br />Section 1.03), and (B) the amount (for the applicable period selected in accordance with <br />paragraph (a) of this Section 1.03) determined in accordance with paragraph (a) of this Section <br />1.03 (and the other provisions of this Section 1.03 that are relevant to such paragraph) without <br />any allocation or distinction as to the derivation of the items set forth in any of the clauses of <br />paragraph (a) of this Section 1.03, other than allocation or distinction between (i) the electric <br />and /or gas utility business or businesses in which the Company is engaged (whether or not the <br />Mortgaged Property is utilized in connection therewith), and (ii) the other business or businesses <br />(if any) in which the Company is engaged (with such other business or businesses being given <br />effect under the item set forth in clause (iv) of paragraph (a) of this Section 1.03). Each such Net <br />Earnings Certificate shall contain a statement of the signers of such Net Earnings Certificate that, <br />in the opinion of such signers, the allocations made in the calculations of "Adjusted Net Earnings <br />of the Company" as set forth in such Net Earnings Certificate are in accordance with the <br />requirements of this final paragraph of this Section 1.03. <br />Notwithstanding Section 1.16 of the Original Indenture, (x) in any case where any <br />Interest Payment Date of any First Mortgage Bond shall not be a Business Day at any Place of <br />Payment, then subject to clause (y) payment of interest need not be made at such Place of <br />Payment on such date but may be made on the next succeeding Business Day at such Place of <br />Payment with the same force and effect as if made on the Interest Payment Date and, if such <br />payment is made or duly provided for on such Business Day, no interest shall accrue on the <br />amount so payable for the period from and after such Interest Payment Date to such Business <br />Day and (y) any payment of principal of or Make -Whole Amount on any First Mortgage Bond <br />(including principal due on the Redemption Date or Stated Maturity of such First Mortgage <br />Bond) and the accrued interest thereon that is due on a date that is not a Business Day at any <br />Place of Payment need not be made at such Place of Payment on such date but may be made on <br />the next succeeding Business Day at such Place of Payment with the same force and effect as if <br />made on the scheduled due date, except that the additional days elapsed shall be included in <br />calculating the accrued interest due on such next succeeding Business Day. <br />103570737v6 <br />ARTICLE V. <br />THE TRUSTEE <br />The Trustee hereby accepts the trusts hereby declared and provided, and agrees to <br />perform the same upon the terms and conditions in the Indenture set forth and upon the following <br />terms and conditions: <br />The Trustee shall not be responsible in any manner whatsoever for or in <br />respect of the validity or sufficiency of this Supplemental Indenture or the due <br />execution hereof by the Company or for or in respect of the recitals contained <br />herein, all of which recitals are made by the Company solely. In general, each and <br />every term and condition contained in Article Eleven of the Indenture shall apply <br />to this Supplemental Indenture with the same force and effect as if the same were <br />12 <br />
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