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201009342
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201009342
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Last modified
12/15/2010 3:46:18 PM
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12/15/2010 3:46:16 PM
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DEEDS
Inst Number
201009342
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201009342 <br />ARTICLE II. <br />ISSUE OF F�RST MORTGAGE BONDS �F THE 5.01% SERIES <br />Section 1. The Company hereby exercises the right to obtain the authentication of <br />$b4,OQp,000 principal amount of Bonds pursuant to the terms of Section 4.04 af the Indenture. <br />All such Bonds shall be First Mortgage Bonds of the S.OI % Series. <br />Sectian 2. Such First Mortgage Bonds of the 5.01 % Series may be authenticated and <br />delivered prior to the filing for recordatian of this Supplemental Indenture. <br />ARTICLE III. <br />REDEMPTION <br />Section 1, Whenever the Company shall propose to redeem less than all of the <br />Outstanding Fixst Mortgage Bonds of the 5.01 % Series on any Redemption Date, the Bond <br />Registrar, instead of selecting by lot, shall select the serial numbers of the First Mortgage Bonds <br />of the 5.01% Series to be redeerned (in whole or in part) by prorating, as nearly as may be, the <br />aggregate principal amount of th� First Mortgage Bonds of the 5.01 % Series to be redeerned <br />among the registered owners of the First Mortgage Bonds of the 5.01 % Series accarding to the <br />principal amount thereof regist�red in their respective names. In any such pro ration, th� Bond <br />Registrar shall make such adjustments, reallacations and eliminations as it shall deem proper to <br />the end that the principal amount of th� First Mortgage Bonds of the 5.01 % Series so pxorated to <br />any registered owner af the First Mortgage Bands of the S.O 1% Series shall be $1,000 or an <br />integral multiple of $1 in excess thereof, by increasing or decreasing or eliminating the amount <br />which would be allocable to any such registered owner on the basis of exact proportion by an <br />amount not exceeding $1. The Bond Registrar in its discretion may determine the particular �"irst <br />Mortgage Bands of the 5.01 % Series (if there are more than one) registered in the name of any <br />registered awner which are to be redeemed, in whole ar in part. In any determination by pro <br />ration pursuant to this Section, First Mortgage Bonds of the S.Q1% Series registered in the name <br />of the Company sha11 nat be considered Outstanding and shall be excluded in making the <br />determination of the First Mortgage Bonds of the 5,01% Series to be redeemed. <br />Notice af redemption af any First Mortgage Bonds of the 5.01 % Series shall be given as <br />provided in Sectian 5.04 of the Original Indenture. If given by mail, th� mailing of such notice <br />shall be a condition preced�nt to redemption, provided that any notice which is mailed in the <br />manner provided in Section 5.04 of the Original Indentuxe shall be conclusively presumed to <br />have been duly given �cwhether or not the Holders receive such notice, and failure to give such <br />notice by mail, or any defect in such notice, to the Holder of any such Band designated for <br />redemption in whole or in part shall not affect the validity af the redemption af any other such <br />Bond. <br />Except for the detennination of the serial numbers of the First Martgage Bonds of the <br />S.O1% Series ta be redeemed (in whole or in part) by pro ration as provided in this Section when <br />less than all of the First Mortgage Bonds of th� S.O1 % Series axe ta be redeemed on any <br />Redemption Date and except for the changes in the giving of notice af redemption as provided in <br />this Section, the procedures for redemption of the First Mortgage Bonds of the 5.01 % Series <br />shall be as provided in Article Five of the Original Indenture. <br />7 <br />6720279v6 <br />
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