|
78--~iG8343 -~
<br />lalarice of redrinpaoa of any Bards of the Series due 199$-shall be given as provided in Section ? of
<br />Artlele V of thr Original Indenture, except that notice need be given only by mail and not by publication,
<br />I
<br />and, in the case of redemption by operation of ehe slaking fund for such bonds, the notice shat) trace that ~i
<br />'
<br />the redemption is far the aceount of the sinking fund. ]f given by mail, the mailing of sucfi notice shall be a
<br />rovided in
<br />n
<br />er
<br />th
<br />il
<br />d i
<br />h i
<br />i 5:'{
<br />~~.
<br />p
<br />e ma
<br />n
<br />n
<br />s ma
<br />e
<br />c
<br />condition ptectdent to redemption, provided that nay notice wh
<br />Section ? of Article V of the Original Indenture shat! I>r ~tnclusively presumed to have been duly given ~-;°
<br />whether ar hat the holders receive such notice, and failure to give such notice by mail, ar any defect in such F~:;
<br />notice, to the holder of any such bond designated for redemption in whole ar in part shall rot affect the ~'
<br />valadity of the redemption of any other such bond. ~ :.
<br />Excrpt far the de[erminatian of she serial numbers of the Bands of the Series due 199$ to be redeemed ?`
<br />(itt whale ar in part) by proration as provided in this Section when less than all of [he Bonds of the Series =?-r
<br />'
<br />due 199$ are to be redeemed on any redemption date and except for the changes in the giving of nvtice of ~
<br />,
<br />redemption as provided in this Section, the procedures far redemption of the Bonds of the Series due 194$ r
<br />shall be as provided in Article V of the Original Indenture, as amended by Section 15(B} of Article I~ of
<br />-the Supplemental Indenture dated October 1, 1946.
<br />n
<br />Si:cnoty 4. The Company, with the approval of the Trvster. may enter irta a written agreement with
<br />the balder of any Bands of the Series due 1448 providing that payment of such-bands called far
<br />redemption is pan only br made directly by mail, wire transfer or in any other manner to the hatder
<br />thereof without presentation or surrender thereof if there shall be delive.=ed to the Tntstee an zgreement
<br />(which may be a composite with ether such agreements } between the Company and such holder (or other
<br />person acting as agent for such holder or for whom such holder is a nominee) that payment shall be so
<br />made, and that in the event the holder thereof shall se31 ar transfer any such bands (a} it wilt, prior to the
<br />delivery of such bonds, either (i} surrender such bonds to [he Trustee to make a proper notaticn of the
<br />amount of principal paid thereon ar { ii }surrender such bonds to the Trustee against receipt of one ar more
<br />`
<br />te
<br />Bonds of the Series due 199$ in an aggregate principal amount equal [a the unpaid principal portion of S
<br />bonds sa surrsnd_.-~d, and (b) it will promptly notify tlty CamFany of the name and address of the
<br />l
<br />l
<br />'~
<br />e or
<br />iab
<br />transferee of any Bonds of the Series due 194$ so transferred. Tt[e Trustee shall rot be
<br />responsible to any such hatder or transferee ar to the Company or to any other person for any act or
<br />emission to act on the pan of the Company or any such holder in eanneetion with any such agreerarat. ~'
<br />The Company will indemnify and save the Tnstee harmless agates[ any liability resulting from any such
<br />act ar omission and against any liability resulting f om any action taken by [he Trustee in accordance with
<br />the provisions of any such agreement.
<br />ARTICLE IY
<br />Ant3triotvw: Covtyaw~-rs
<br />St;crto?+ 1. The Com any covenants and agrees, subject to the terms and provisions of this Section,
<br />F
<br />that, in addition to the expenditures required to be made under Section 1 of Article VII of the Original
<br />Indenture, as amended by Section 4 of Ar,ide IV of the Supplemental Indenture dated October 1, 1945, it
<br />will pay to the Trustee an ar before the last day of l~lovember, 19$3, and on ar before the last day c+f
<br />Alovember in each calendar year thereafter so long as any Bonds of the Series due 149$ shall be
<br />outstanding (each such last day of l~lav=tuber being referred to herein as a "sinking fund payment date"')
<br />as and far a cash sinking fund for the retirement of Bonds of the Series duet 998, a sum in cash sufficient to
<br />redeem an the first day of December next following such sinking fund payment date, at the redemption
<br />print: for the redempdon of Bonds of the Series due- 199E by operation of the sinking fund, a principal
<br />amount of bonds of said series at Fast equal to six and twenty-five hundredths per centum of rt,e greatest
<br />prinapal amount as""bands of said series outstand±ng at any tithe i dets„-.~,e.. as to t,.w ,.,..,..,,. ,:.a. _..__ ,
<br />batwrra Decetnbrr 1, I9~$, and the end of the calendar year irrtmrdiately preceding. such slaking fund --
<br />payatsent date. Cash paid to the Truster by the Company pursuant to this Section shall be applied by the _
<br />Truster to the redemption on zhe next following first day of December of the specified principal amount of
<br />Bonds of the Setirs dun 199$ in accordance with the provisions of this Section; and the Catttpany shall
<br />carry cut rite procedures rrgt[ired of i# for such redemption.
<br />IU
<br />z
<br />~
<br />~
<br />,
<br />.'1
<br />•
<br />~ ..`3s-.3: A 5~''T:k `4 ~~ k~,y i'R+y"T'4 ~-'~.~ D 3~1 ~~'~4~.. ~,r~ ~} ii ~ '•,>> `.~ 4.
<br />1T ~.~~-§- S/ ?1
<br />~ K ~,
<br />
<br />}~ _
<br />'.r
<br />-
<br />
|