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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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~V~u'u5~J3 <br />34 <br />vsiueta the Company of such property as set forth in such certificate or <br />opinion- is not. less- than 3'.35,ti00 and not less than 1% of the aggregate <br />principal amount of Bonds at the time outstanding. In the case of a <br />RPquesL to authenticate and deliver additional Bonds, if such certificate <br />or opinion is required to be given by an independent engineer, appraiser <br />or other expert, iL shalt also cover the fair value to the Company of aii <br />Bondable additions so used or operated by a person or persons other <br />than the Company which has been subjected to the hen of the Indenture <br />since the cammeneement. of the then current calendar year and as to <br />which a certtfieate or opinion of an independent engineer, appraiser or <br />other expert has not previously been furnished. <br />(e) Evert` certificate or opinioa with respect to compliance with a con- <br />dition or covenant provided for in the Indenture shall include: <br />(i) a statetent that each individual signing such eertifieate ur <br />opinion has read such covenant or condition and the definitions in <br />the Indenture relating thereto; <br />(2) a brief statement as to the nature and scope of the examina- <br />tion or investigation upon which Lhe statements or opinions con- <br />tained in such certificate or opinion are based; <br />{3) a statement that, in the opinion of each such Individual, he <br />has mane such examination or investigation as is necessary to enable <br />him to express an informed opinion whether or not such covenant or <br />condition has been complied with: and <br />{4) a statement -whether, in the opinion of such individual, such <br />condition or covenant has been comp]ied with. <br />(f) The Trustees shall be under a duty to examine each certificate and <br />opinion required to be furnished to them pursuant to this section 17.03 to <br />determine whether or not it conforms to the reyuiremenLS of this Inden- <br />ture. <br />Srx:rto~ 17.[1'9. ta) The Trustees shall give to the bondholders, in the <br />manner ar~d t.o the extent provided in section 17.Ote{c) hereof, notice of all <br />Events of Default known to sash Trustees, such notice to be given within <br />9() days of Lhe occurrence of such Event of Default, unless such Event of <br />Default shat have been cured or waived: imoz°ufed, kat~t~r. exc ept in the <br />case of an gent of Default arising out of a failure to pay the principal <br />af, ar premium; it any, or interest on auy Bond or in the payment of any- <br />sinking fund installment, the Trustees shall be protected in withholding <br /> <br /> <br />
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