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"Securities Act" means the Securities Act of 1933, as amended from time to time, and <br />the rules and regulations promulgated thereunder from time to time in effect. <br />"Senior Financial Officer" means the chief financial officer, principal accounting officer, <br />treasurer or comptroller of the Company. <br />Section 2. This Supplemental Indenture may be simultaneously executed in any <br />number of counterparts, each of which when so executed shall be deemed to be an original; but <br />such counterparts shall together constitute but one and the same instrument. <br />201500400 <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 4.22% <br />Series (a) any original purchaser of a First Mortgage Bond of the 4.22% Series, (b) any holder of <br />a First Mortgage Bond of the 4.22% Series holding (together with one or more of its affiliates) <br />more than 5% of the aggregate principal amount of the First Mortgage Bonds of the 4.22% <br />Series then outstanding, (c) any bank, trust company, savings and loan association or other <br />financial institution, any pension plan, any investment company, any insurance company, any <br />broker or dealer, or any other similar financial institution or entity, regardless of legal form, and <br />(d) any Related Fund of any holder of any First Mortgage Bond of the 4.22% Series. <br />"Related Fund" means, with respect to any holder of any First Mortgage Bond of the <br />4.22% Series, any fund or entity that (i) invests in Securities or bank loans, and (ii) is advised or <br />managed by such holder, the same investment advisor as such holder or by an affiliate of such <br />holder or such investment advisor. <br />"Securities" or "Security" shall have the meaning specified in Section 2(1) of the <br />Securities Act. <br />103570737v6 <br />14 <br />