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200410978
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Last modified
10/16/2011 10:58:59 PM
Creation date
10/21/2005 5:43:32 AM
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DEEDS
Inst Number
200410978
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200410978 <br />that becomes due and payable on any day in accordance with this Supplemental Indenture <br />(whether by reason of stated due date, acceleration, redemption or otherwise) shall <br />correspond to, and be equal to, the Senior Notes Applicable Share of, a payment of <br />principal of, premium (if any) or interest on the Senior Notes that becomes due and <br />payable on such day in accordance with the Senior Note Indenture. <br />(III) The obligation of the Company to make each payment of principal of, <br />premium (if any) or interest on the First Mortgage Bonds, Collateral (2004) Series C that <br />becomes due and payable in accordance with this Supplemental Indenture (A) shall be <br />fully satisfied and discharged if the corresponding payment of the principal of, premium <br />(if any) or interest on the Senior Notes shall have been fully paid, or if provision for the <br />full payment of the Senior Notes shall have been made (by depositing moneys sufficient <br />for such full payment with the Senior Note Trustee), in either case under and in <br />accordance with the Senior Note Indenture, and (B) shall be partially satisfied and <br />discharged if the corresponding payment of the principal of, premium (if any) or interest <br />on the Senior Notes shall have been partially paid, or if provision for the partial payment <br />of the Senior Notes shall have been made (by depositing moneys sufficient for such <br />partial payment with the Senior Note Trustee), in either case under and in accordance <br />with the Senior Note Indenture (such partial satisfaction and discharge with respect to the <br />First Mortgage Bonds, Collateral (2004) Series C to be in an amount equal to the Senior <br />Notes Applicable Share of the amount of such partial payment or provision for partial <br />payment with respect to the Senior Notes). The Trustee may conclusively presume that <br />the obligation of the Company to make payments with respect to the principal of, <br />premium (if any) and interest on the First Mortgage Bonds, Collateral (2004) Series C <br />has been fully satisfied and discharged unless and until the Trustee shall have received a <br />written notice from the Senior Note Trustee, signed by a person purporting to be its duly <br />authorized officer, stating (i) that the Company has failed to make timely payment in full <br />or in part of an amount of principal of, premium (if any) and/or interest on the Senior <br />Notes which became due and payable in accordance with the Senior Note Indenture, <br />(ii) the amount and date of such payment of principal of, premium (if any) and/or interest <br />on the Senior Notes which the Company has failed to make in accordance with the Senior <br />Note Indenture, and (iii) the amount of principal of, premium (if any) and/or interest on <br />the First Mortgage Bonds, Collateral (2004) Series C which, in accordance with this <br />Supplemental Indenture, has not been satisfied and discharged by reason of such failure <br />of the Company. The Trustee may conclusively presume the statements contained in any <br />such notice from the Senior Note Trustee to be correct unless and until the Trustee shall <br />receive a subsequent and/or modified notice from the Senior Note Trustee pursuant to <br />and in accordance with this subdivision (III) (and the Trustee shall be fully protected in <br />relying thereon). Without limitation of the foregoing, and for the avoidance of any doubt, <br />it is expressly stated that the Trustee shall not be responsible for (i) the calculation of <br />interest on the First Mortgage Bonds, Collateral (2004) Series C, or (ii) the determination <br />of any amount (including, without limitation, any principal of, premium (if any) or <br />interest on the Senior Notes) that is payable or paid under the Senior Note Indenture. <br />(IV) Nothing herein or in any of the First Mortgage Bonds, Collateral (2004) <br />Series C (including, without limitation, any reference to the principal payable with <br />respect to the First Mortgage Bonds, Collateral (2004) Series C being determined on the <br />NY55/405431.7 22 <br />
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