201009342 - Laserfiche WebLink

Browse

201009342 ARTICLE I. DESCRIPTION OF FIRST MORTGAGE BONDS, 5.01% SERIES DUE 2025 Section 1. The Company hereby creates a new series of Sonds to be knawn as "First Mortgage Bonds, 5.01 % Series due 2025." The First Mortgage Bonds of the 5.01 % Series shall be executed, authenticated and delivered in accordance with the provisians of, and shall in all respects be subject to, all of the terms, conditions and cavenants of the Yndenture, as supplemented and madified. The aggregate principal amount of First Mortgage Bonds of the 5.01 % Series, which may be authenticated and delivered under the Indenture (except for First Mortgage Bonds of the S.Q1% Series authenticated and delivered upon registration of transf�r of, or in exchange for, or in lieu of, other First Mortgage Bonds of the 5.01 % Series pursuant to the Indenture and except for �'irst Mortgage Bonds of the 5.01 % Series which, pursuant to the Indenture, are deerned never to have been authenticated and delivered under the Indenture) is limited to $64,0OO,OQQ. The commencement of the first interest period for the First Martgage Bonds of the S.OI % Series shall be May 27, 2010. The First Mortgage Bonds of the S.O1 % Series shall mature on May 1, 2025, and shall bear inter�st at the rate of 5.01% per annum, frorn May 27, 2010 or fram the rnost recent date to which interest has been paid or duly provided far, payable semi-annually on the first day of May and the first day of Novernber (each, an "Interest Payment Date") in each year, cammencing November 1, 2010. Any interest on any First Mortgage Bond of the 5.01 % Series which is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall be paid to the Person in whose name such First Mortgage Bond of the 5.01 % S�ries (ar one or more Predecessor Bonds) is registered at the close of business on the April 15 or October 1 S, as the case may be (whether or not a Business Day) next preceding such Interest Payment Date. The First Mortgage Bands of the 5.01% Series sha11 bear interest at the Default Kate under the circumstances set forth in the form of such Bond set forth in Section 3 of this Article Y. Section 2. The �'irst Mortgage Bonds of the 5.01 % Series shall be issued only as registered Bonds without coupons af the denomination of $1,Op0, or any integral multiple of $1 in excess of $1,000, appropriately numbered. The First Mortgage Bonds of the 5.01 % Series may be exchanged, upon surrender thereof, at the office or agency of the Company in the Borough of Manhattan, The City of New York, State of New York, for one or more First Martgage Bonds of the 5.01 % Series af other authorized denaminations, fox the same aggregate principal amount, subject to the terms aa�d conditions set forth in the Indenture. First Mortgage Bonds of the 5.01% Series may be exchanged or transferred without expense to the registered owner thexeof except that any taxes or other governmental charges required to be paid vvith respect to such transfer or exchange shall be paid by the registered awner requesting such transfer or exchange as a condition precedent to the exeroise of such privilege, other than exchanges pursuant to Section 3 A4, 5.06 or 14.06 of the Indenture, not invalving any transfer. 2 b720279v6