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201607645
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Last modified
7/3/2017 5:40:22 PM
Creation date
11/15/2016 3:45:58 PM
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DEEDS
Inst Number
201607645
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CORE/2052323.0158/128981448.5 <br />ARTICLE VII. <br />ADDITIONAL PROPERTY <br />ARTICLE VIII. <br />MISCELLANEOUS PROVISIONS <br />13 <br />201607645 <br />other Person for any act or omission to act on the part of the Company or any such Holder in <br />connection with this Article VI. The Company will indemnify and save the Trustee harmless <br />against any liability resulting from any such act or omission and against any liability resulting <br />from any action taken by the Trustee in accordance with this Article VI. The Company will <br />afford the benefits of this Article VI to any Institutional Investor that is the direct or indirect <br />transferee of any First Mortgage Bond purchased by any such Purchaser or its nominee and that <br />has made the same agreement relating to such First Mortgage Bond as is contemplated by this <br />Article VI. <br />The Company hereby confirms, acknowledges and states that the property described on <br />Appendix B 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 />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 that rate of interest per annum that is the greater of (i) 2% per <br />annum above the rate of interest stated in clause (a) of the first paragraph of the First Mortgage <br />Bond or (ii) 2% over the rate of interest publicly announced by The Bank of New York Mellon <br />in New York, New York as its "base" or "prime" rate. <br />"Institutional Investor" means with respect to any First Mortgage Bonds of the 2.66% <br />Series (a) any original purchaser of a First Mortgage Bond of the 2.66% Series, (b) any holder of <br />a First Mortgage Bond of the 2.66% 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 2.66% <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 2.66% Series. <br />"Related Fund" means, with respect to any holder of any First Mortgage Bond of the <br />2.66% Series, any fund or entity that (i) invests in Securities or bank loans, and (ii) is advised or <br />
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