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80005053
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Last modified
1/13/2010 10:33:39 PM
Creation date
1/13/2010 10:32:05 PM
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DEEDS
Inst Number
80005053
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so= oo~osi3 <br />33 <br />than Bonds and Prior Lien Securities) with the Corporate Trustee, the <br />Company shall furnish to such Trustee, in addition to all other <br />documonts which the Company is required to furnish tv such Trustee, a <br />certificate yr opinion of an engineer, appraiser or other expert as to the <br />fair value to the Company of such securities. Such certificate or opinion <br />shall be given by an independent engineer, appraiser or other expert if <br />the-fair value to the Company of such securities and of all other such <br />securities made the b<zsis of such authentication and delivery, cvithdrswal <br />or release since Lhe commencement of the then currnnt calendar near, as <br />set forth in the ceetifieates or opinions furnished pursuant to this para- <br />graph (c), is 10% or more of the aggregate principal amount of the Bonds <br />at the time vutstanding and, in the csse of authentication and delivery of <br />additional Bonds, shall cover the fair value to the Company- of all other <br />such securities 8o depvsited since the commencement of the current calen- <br />dar year as to which s certificate or opinion of an independent engineer, <br />appraiser or other expert has not previously been furnished, but the en- <br />gineer, appraiser yr other expert giving such certificate or opinion need <br />not be independent. if the fair yahie to the Company of such securities as <br />set forth in such certificate yr opinion is less than X25,000 or less than 1 <br />of the aggregate principal amount of Bonds at the time autxtanding. <br />(d) Upon any Request to the T*ustees, yr either of them, for the au- <br />thenticstion and delivery of additional Bonds, the payment of lleposited <br />Cash or the release from the lien of the Indenture of nnr prapem or <br />securities subject thereto on the basis of Bondable Expenditures or far <br />the release from the lien of the Indenture of any property subject. to the <br />lien thereof on the basis of an exchange of property, the C'ampany shall <br />furnish to such Trustee, in addition to atl other documents which the <br />Company is required to furnish to such Trustee, a certificate or opinion <br />of an engineer, appraiser ~,r other expert as to the fair value to the Com- <br />pany of any Bondable Additions constructed, acquired or made by .;uch <br />Bondable E~tpenditures and of <any property to be received in exchange. <br />Such certificate yr opinion shall be given by an independent engineer, ap- <br />praiser ar other expert with respect to any property constituting a part of <br />such Bondable Additions and with r'espeet to ant' prvpert}• to be received <br />in exchange if { i) ~~zthin six months prier to tie date of aiqui-sition there- <br />of by the Company such property has been used or operated by a person <br />or persons other tfian the Compan}~ in a business similar to that in which <br />it has been yr is to be used or aperau><i by the Company and {Ll the fair <br /> <br /> <br />
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