|
<br />On or before the fast day of October in each yeaz oeginning with the calendar year 1983, so long as
<br />any Bonds of the Series due 1498 shall be outstanding, the Company shad deliver to the Trustee a
<br />certificate, signed in the name of the Company by iu President or one of its Vice Presidents and by iu
<br />'T'reasurer or an Assistant Treasurer, containing the statements required by Section i of Article XVII of the
<br />Original Indenture, and 4howing she greatest principal amouat of Bonds of the 5eai~s due 1448
<br />outstanding a[ any time besween Decx'mber i, 197$ and the end of the preceaing calendar year,
<br />dztzi„iied u, accordan^° with the pravsians of this Seet_ion, which certificate shat! include, or be
<br />accompanied by, the natirx from the Company to the Trustee pursuant to Section 2 of Article V of the
<br />Original Indenture, as amended by Section 3 of Article flI hereof, specifying the p.•irtcipal amount of the
<br />Winds of the Series due 1998 to be redeemed on the filar day of December next following by operation of
<br />xhe siuking fund provided for by this Section.
<br />In determining under the provisions of this Section the grincipal amount of Bonds of the Series due
<br />1448 ouutandiag under the indenture, there shall be excluded the principal amount of any bonds of said
<br />series authenticated under the indenture which am owned by the Company.
<br />ltio retirement of bonds made out of moneys deposited with the Trustee under the provisions of this
<br />Section shall be certified to comply with the provisions cf Section i of Article VIT of the Original Indenture.
<br />as amended by Section 4 of Article }V of the Supplemental Indenture dated October i, 1946, ar to imply
<br />r with the provisions of Section I of Article IV of the Supplemental Indenture dazed May }, 1953, ar of
<br />;~ Section I of Article IV of the Supplemental Indenture dated February 1, 1455, or of Section 1 of Article IV
<br />of the Suppiemeatat Indenture dated October 1, }456, or of Section 1 of Article IV of the Supplemental
<br />Indenture dated Augus[ I. i 959, or of Section 1 of Article IV of the Supplemental Indenture dated Juiy },
<br />i46I, or of Section I of Article IV of the Supplemental Indenture dated July !, I966, or of Section ] of
<br />A_*ticig IV of the Supplemental Indenture dated August 1, 1972. or of Section i of Article IV of tFe
<br />Supplementat lndent:'re dated July I, 1973, or of Section 1 of A,fiele IV of the Supplemental Indenture
<br />dated May 1, 14%S, ar of Section I of Article IV of the Suppletrtentai Indenntre dated Jure !. }477,. or as
<br />Section i of Ar[icie IV of the Suppiemenza} Indenture dated July }, } 478, or thereafter to be available as a
<br />basis for the authentication of bonds or the withdrawal of deposited cash ar any other moneys or the
<br />_ release of property under, or [o campiy with, any provision of the Original Indenture or of any indenture
<br />supplemental thereto.
<br />Any and a!i Bands of the Series due 1998 received by the Trustee pursuant to any gsavisioa cif this
<br />SeY.ion shall thereupon be cancelled and destroyed by the Trustee.
<br />If the first day of December in the calendar year 1483, or in any calendar year thereafter so long as
<br />any Bonds of the Series due 1498 shalt be outstanding, is a toga} holiday or day on which banking
<br />institutions which act as payiag agents hereunder are authorized by law to close, then payment of the
<br />redemption price {including inierest payable upon redemption} for purposes of redemption of Bonds of
<br />the Series due 1998 by operation of the sinking fund pravsded far by this Secran may be made oa u5e next
<br />succeeding day which is not a }ego! holiday or a day on which such banking institutions are authorized. by
<br />law to class with the sable farce and effect as if made on the nominal redemption date, and na interest
<br />shall accrue far the period after the nominal redemption date.
<br />SseTtflra 2. The Company covenants that, so long as any Bonds of the Series due 1448- are
<br />outstanding, it will not declare or pay dividends {other than dividends payable solely in shares of its
<br />Common Stack) or make any other distribution on, or acquire for value any shatzs of its Common Stock-
<br />- except out of surplus earned subsequent to December 3t, 2473, and nut of not exceeding 58.~J,D00 of
<br />surplus earned prior to January 1, 147$, and unless the aggregate of the amounts (I }expended by the
<br />Company for repairs and maintenance andtor (Z} provided for depreciation during-the:period from
<br />January I, t 946, to the dart; of the proposed payment of such dividends or making of suc}t distribution or
<br />_ acquisition, plus the s[trplus of the Company earned subsequent z4 December 3i, I94S, remaining-after
<br />_ gayment of such dividend, or the making of such distribution or acquisition. shall equal rmt less xhati-the.
<br />sum of amotuns representing (a }the total of 3'fterv of the fixed tangible graperty, plant and equipment of
<br />else s:ompany { as sh=<^wn by the books of the Company} on the first day of each full calendar year, if any,
<br />which shall have t:lapsed doting said period beginning January I, 1446, and t b) the amouat, if aay, equal
<br />Ii
<br />~ -., _ t
<br />'~>.~,
<br />~->. ,
<br />
<br />
|