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Srxncm 2.02. The Company will not 87— 100441 <br />r(a) declare or pay any dividends, either in cash or property, on any class of its stock, except <br />dividends payable solely in common stock of the Company; or <br />(b) directly or indirectly purchase, redeem or retire any of its stock of any class or any <br />subordinated Indebtedness, except for as aggregate amount of purchases, redemptions or <br />retirements in an amount not exceeding the net cash proceeds from the sale after December 31, <br />1985 of additional them of its stock; or <br />(e) make any other distribution, either directly or indirectly, in respect of its stock of any <br />class; <br />(such non - excepted declarations or payments of dividends, purchases, redemptions or retirements of <br />stock, and all such other distributions being herein collectively called "Restricted Payments ") unless, <br />after giving effect thereto, the aggregate amount of Restricted Payments made during the period from <br />December 31, 1985 to and including the date of the making of the Restricted Payment in question, <br />will not exceed the sum of $15,000,000 plus (or minus, in can of a deficit) the net earnings of the <br />Company available for dividends for such period (computed on a cumulative basis for said entire <br />period). <br />Swnor 2.03. The Company covenants that in addition to the requirements contained elsewhere <br />in the Indenture for the issuance of additional bonds it will not create, guarantee, assume or become <br />liable, directly or indirectly, in respect of any Funded Debt other than: <br />(1) Bonds of Series J; <br />(2) bonds issued pursuant to Article Four (bonds for refunding purposes), Article Five <br />(bonds against physical property additions) and Article Six (bonds against cash) of the Original <br />Indenture and underlying bonds permitted by Sections 7.06 and 7.10 of Article Seven of the <br />Original Indenture, provided that at the time of issuance or incurrence thereof and after giving <br />effect thereto and to the application of the proceeds thereof <br />(a) net earnings of the Company for a period of 12 consecutive calendar months within <br />the immediately preceding 15 calendar months were at least two rimes annual bond interest <br />charges; <br />(b) the aggregate principal amount of Secured Debt of the Company shall not exceed <br />65 % of Total Capitalization; and <br />(c) the aggregate principal amount of Funded Debt of the Company shall not exceed <br />70% of Total Capitalization; <br />(3) unsecured Funded Debt, provided that at the time of issuance and after giving effect <br />thereto and to the application of the proceeds thereof <br />(a) the net earnings of the Company for a period of 12 oonsecutive calendar months <br />within the immediately preceding 15 calendar months were at least two times the annual <br />interest charges on all Funded Debt of the Company; and <br />(b) the aggregate principal amount of Funded Debt of the Company shall not exceed <br />700/c of Total Capitalization. <br />For purposes of this Section 2.03, the terms "underlying bonds ", "net earnings of the Company" <br />and "annual bond interest charges" shall have the meanings set forth in Section 1.01 of the Original <br />Indenture. <br />Prior to the issuance of additional bonds, the Company shall deliver to the Trustee an officer's <br />oertificate, dated the date of authentication and delivery of the bonds, demonstrating, in reasonable <br />detail, compliance with the applicable provisions of this Section 2.03. <br />a <br />