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2oioo93�ti <br />Company in and to such property, as security for the payment of the principal of, premium, if <br />any, and interest, if any, on all Bonds issued under the Indenture and Outstanding (as de�ined in <br />the Indenture), when payable in accordance with the provisions thereof, and as security for the <br />performance by the Cornpany of, and compliance by the Company with, the covenants and <br />conditions of the Indentur�, TO HAVE AND TO HOLD all such property on the same terms as <br />all other property subject to the Lien of the Indenture. <br />ARTICLE VIII. <br />MYSCELLANEOUS PROVISIONS <br />Section 1. Except as otherwise defined herein or below, all capitalized terms used in <br />this Supplemental Indenture have the meanin�s stated in the Indenture. <br />"Default Rate " means that rate of interest that is the greater of (i) 2% per annum abave <br />the rate of interest stated in clause (a) of the first paragraph of the First Martgage Bonds of the <br />5.01 % Series or (ii) 2% over the rate of interest publicly announced by The Bank of New York <br />Mellon in New York, New York as its "base" or "prime" rate. <br />"Institutionallnvestar"means (a) any original purchaser of a First Martgage Bond of the <br />S.Q1% Series, (b) any holder of a First Mortgage Band of the 5.01% Series holding (together <br />with one or more of its affiliates) more than 5% of the aggregate principal amount of the First <br />Mortgage Bonds of the 5.01% Series then autstanding, (c) any bank, trust company, savings and <br />loan association or ather financial institution, any pension plarz, any inv�stment company, any <br />insurance company, any broker or dealer, or any ather similar financial institution ar entity, <br />regardless of legal form, and (d) any Related Fund of any holder of any First Mortgage Bond of <br />the 5.01% Series. <br />"Related Fund" means, with respect to any holder of any First Mortgage Bond af the <br />5.01 % Series, any fund or entity that (i) invests in Securities or bank loans, and (ii) is advised or <br />managed by such holder, the same investment advisor as such holder or by an affiliate of such <br />holder or such investment advisor. <br />"Securities" or "Security" shall have the meaning specified in Section 2(1) of the <br />Securities Act. <br />"Securities Act" means the Securities Act of 1933, as amended from tinne to time, and <br />the rules and regulatians promulgated thereunder from tirne to time in effect. <br />"Senzor Financial Officer" means the chief financial officer, principal accounting officer, <br />treasurer or comptraller of the Company. <br />Section 2. This Supplemental Indenture may be simultaneously executed in any <br />number of counterparts, each of which when so executed shall be deemed ta be an original; but <br />such counterparts shall together constitute but ane and the same instrument. <br />13 <br />fi720279v6 <br />