My WebLink
|
Help
|
About
|
Sign Out
Browse
200410978
LFImages
>
Deeds
>
Deeds By Year
>
2004
>
200410978
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
10/16/2011 10:58:59 PM
Creation date
10/21/2005 5:43:32 AM
Metadata
Fields
Template:
DEEDS
Inst Number
200410978
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
65
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
Show annotations
View images
View plain text
200410978 <br />Administrative Agent to be correct unless and until the Trustee shall receive a subsequent <br />and/or modified notice from the Administrative Agent pursuant to and in accordance with <br />this subdivision (V) (and the Trustee shall be fully protected in relying thereon). Without <br />limitation of the foregoing, and for the avoidance of any doubt, it is expressly stated that <br />the Trustee shall not be responsible for (i) the calculation of interest on the First <br />Mortgage Bonds, Collateral (2004) Series A, or (ii) the determination of any amount <br />(including, without limitation, any amount of the Revolving Credit Obligations) that is <br />payable or paid under the Credit Agreement. <br />(VI) Nothing herein or in any of the First Mortgage Bonds, Collateral (2004) <br />Series A (including, without limitation, any reference to the principal payable with <br />respect to the First Mortgage Bonds, Collateral (2004) Series A being determined on the <br />basis of the Revolving Credit Applicable Share of the principal payable with respect to <br />the Revolving Credit Obligations) shall, or shall be deemed or construed to, increase the <br />aggregate principal amount of the First Mortgage Bonds, Collateral (2004) Series A that <br />are Outstanding at any time to an amount in excess of the Maximum Principal Amount at <br />such time. <br />SECTION 4. The First Mortgage Bonds, Collateral (2004) Series A and the <br />Trustee's Certificate of Authentication shall be substantially in the form attached hereto <br />as Exhibit A. <br />ARTICLE II <br />DESCRIPTION OF FIRST MORTGAGE BONDS, COLLATERAL (2004) <br />SERIES B <br />SECTION 1. The Company hereby creates a new series of Bonds to be known as <br />"First Mortgage Bonds, Collateral (2004) Series B, due 2011." The First Mortgage <br />Bonds, Collateral (2004) Series B shall be executed, authenticated and delivered in <br />accordance with the provisions of, and shall in all respects be subject to, all of the terms, <br />conditions and covenants of the Indenture, as supplemented and modified. The aggregate <br />principal amount of First Mortgage Bonds, Collateral (2004) Series B which may be <br />authenticated and delivered under the Indenture (except for First Mortgage Bonds, <br />Collateral (2004) Series B authenticated and delivered upon registration of transfer of, or <br />in exchange for, or in lieu of, other First Mortgage Bonds, Collateral (2004) Series B <br />pursuant to the Indenture and except for First Mortgage Bonds, Collateral (2004) Series B <br />which, pursuant to the Indenture, are deemed never to have been authenticated and <br />delivered under the Indenture) is limited to $28,000,000. <br />First Mortgage Bonds, Collateral (2004) Series B shall be issued to the Collateral <br />Agent to secure the obligations of the Company to pay when due the Term Loan <br />Applicable Share (as hereinafter defined) of the principal of and interest on the term loans <br />(the "Term Loans ") made and outstanding under the Credit Agreement. <br />As used herein, "Term Loan Applicable Share" means, as of any day, a fraction <br />(expressed as a percentage rounded to the second decimal place), (i) the numerator of <br />which is the aggregate principal amount of the First Mortgage Bonds, Collateral (2004) <br />NY55/405431.7 10 <br />
The URL can be used to link to this page
Your browser does not support the video tag.