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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 />(III) Nothing in any of First Mortgage Bonds, Collateral (2004) Series C <br />(including, without limitation, any reference to the principal payable with respect to the <br />First Mortgage Bonds, Collateral (2004) Series C being determined on the basis of the <br />Senior Notes Applicable Share of the principal payable with respect to the Senior Notes) <br />shall, or shall be deemed or construed to, (A) increase the aggregate principal amount of <br />the First Mortgage Bonds, Collateral (2004) Series C that are Outstanding from time to <br />time, (B) cause or permit an amount of principal of the First Mortgage Bonds, Collateral <br />(2004) Series C to be or to become due and payable which, when added to all other <br />principal of such Bonds theretofore paid, exceeds $64,000,000, or (C) cause or permit to <br />be or to become due and payable interest on the First Mortgage Bonds, Collateral (2004) <br />Series C which is payable on any principal of the First Mortgage Bonds, Collateral <br />(2004) Series C that is in excess of the principal of the First Mortgage Bonds, Collateral <br />(2004) Series C as restricted pursuant to the preceding clauses (A) and (B). <br />Transfer Restrictions <br />First Mortgage Bonds, Collateral (2004) Series C, of which this Bond is one, shall <br />not be transferable except to any successor Senior Note Trustee under the Senior Note <br />Indenture. As a condition precedent to any transfer of the First Mortgage Bonds, <br />Collateral (2004) Series C by the Senior Note Trustee, the Senior Note Trustee shall <br />submit to the Company, the Trustee and the Bond Registrar (in addition to all other <br />documents and instruments required to be submitted to the Bond Registrar pursuant to the <br />Indenture) a certificate of the Senior Note Trustee, signed by a person purporting to be its <br />duly authorized officer, certifying that the transferee in such transfer is a successor Senior <br />Note Trustee under the Senior Note Indenture (and the Trustee and the Bond Registrar <br />may conclusively presume the statements in any such certificate of the Senior Note <br />Trustee to be correct). <br />Any transfer of First Mortgage Bonds, Collateral (2004) Series C (i) shall be <br />subject to the provisions of Section 3.05 of the Indenture, except that the provisions of <br />paragraph (g) of such Section 3.05 shall not be applicable to any transfer of First <br />Mortgage Bonds, Collateral (2004) Series C to a successor Senior Note Trustee under the <br />Senior Note Indenture, and (ii) shall be made at the office or agency of the Company in <br />the Borough of Manhattan, The City of New York. <br />The Company has waived any right to make any charge for any exchange or <br />transfer of First Mortgage Bonds, Collateral (2004) Series C by the Senior Note Trustee, <br />whether to reimburse itself for any tax or taxes or other governmental charge or otherwise <br />(it being understood that the Company shall pay any tax or taxes or governmental or <br />other charge which may be payable by reason of any exchange or transfer of First <br />Mortgage Bonds, Collateral (2004) Series C by the Senior Note Trustee). <br />NY5 5/405 4 3 1.7 C-6 <br />
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