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87100441
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1987
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87100441
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Last modified
10/19/2011 12:02:15 AM
Creation date
3/27/2008 1:53:17 PM
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DEEDS
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87100441
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87-- 100441 <br />r On or before the thirtieth day prior to each sinking fund redemption date, the Trustee shall <br />I proceed to select for redemption in the manner provided in Section 1.06 hereof, Series J Bonds in the <br />aggregate principal amount which are redeemable with the cash required to be paid on the next <br />following sinking fund payment date and in the name of the Company shall give notice as may be <br />required by Article Eight of the Original Indenture of the redemption for the sinking fund on such <br />sinking fund redemption date of the Series J Bonds so selected. <br />All cash received by the Trustee pursuant to this Section 1.05 shall be held by the Trustee as part <br />Of the mortgaged Property, and shall be applied by the Trustee to the redemption of outstanding <br />Series J Bonds, without premium; and the Company shall, in each can prior to the sinking fund <br />redemption date, pay to the Trustee in cash all unpaid interest accrued on the bonds to be redeemed <br />through the operation of said sinking fund to the sinking fund redemption date. <br />All Series J Bonds redeemed pursuant to this Section 1.05 (except Series J Bonds redeemed in <br />part and upon which notations of partial payment are made as provided in Section 1.07 hereof) shall <br />forthwith be cancelled by the Trustee and shall be delivered to or upon the written order of the <br />Company and shall not be made the basis for issuance of any additional bonds under the Original <br />Indenture, as supplemented and amended. <br />SUMON 1.06. If less than all the outstanding Series J Bonds are to be redeemed, the particular <br />bonds to be redeemed in whole or in part shall be designated or selected by the Trustee by allocating <br />the aggregate principal amount of bonds to be redeemed among the registered owners thereof pro rata, <br />as nearly as practicable, in amounts of $1,000 or any integral multiple thereof, in the proportion that <br />the aggregate principal amount of such bonds held by each such registered owner bears to the <br />aggregate principal amount of such bonds then outstanding. <br />SEMoN 1.07. In the event of the payment of a portion of the principal amount of any Bond of <br />Series J registered in the name of any initial registered owner in whose name such bonds were first <br />registered, or registered in the name of any subsequent registered owner designated in writing by the <br />Company filed with the Trustee and acceptable to the Trustee and stating that the provisions of this <br />Section 1.07 shall be applicable thereto, the Trustee shall make payment to such registered owner (or <br />to its nominee or to the custodian of its bonds) without requiring presentation of such bond if the <br />Company shall certify to the Trustee that it has entered into a written agreement with the owner of <br />such Bond that in the event that such owner shall sail, transfer or otherwise dispose of such bond it <br />will, prior to the delivery of such bond, (a) present such bond to the Trustee for appropriate notation <br />thereon of the date to which interest has been paid thereon and, if not theretofore made, a notation <br />thereon of the extent to which payment has been made on account of the principal thereof, or (b) <br />present such bond to the Trustee in exchange for a new bond or bonds of the same series in aggregate <br />principal amount equal to the unpaid portion of the bond so presented to the Trustee. <br />ARTICLE TWO <br />COvENANTB wrru RrbrnCr To BONDS or SiRIM J <br />SncrroN 2.01. The covenants contained in this Article Two are for the exclusive benefit of the <br />owners of the Bonds of Series J. The exclusive right to amend or waive compliance with such <br />covenants shall be vested solely in the owners of not less than sixty-six and two-thirds per cent of the <br />principal amount of the Bonds of Series J then outstanding. No benefits or duties by reason of such <br />covenants shall be deemed to be conferred upon persons other than the owners of the Bonds of Series <br />J, the Trustee and the Company. The covenants contained in this Article Two shall be in addition to <br />all other covenants of the Company net forth in the Indenture for the benefit of the holders of the <br />bonds outstanding under the Indenture, including the Bonds of Series J. <br />tow <br />
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