HomeMy WebLinkAbout0081~~~ 1 ~~3
Si. LUtif C~L'lITT. fill.
Sec. , 2.4
future Treasurer of The Company, and The Company may adopt and use
for that purpose the engraved facsimile of the signature of any person
who may have been ouch Treasurer, notwithstanding the fact that he may
have ceased to be such Treasurer at the time when such Bonds shall be
actually authenticated or delivered.
AhM~dt~tlw Sec. 2.5 Only such Bonds as shall bear thereon a certificate of au-
thentication, substantially in the form hereinbefore recited, executed on
behalf of the Trustee, shall be entitled tq any right or benefit here-
under, and such authentication shall be conclusive evidence that the
holder thereof is entitled to the benefit of the trust hereby created. Said
Trustee shall authenticate and deliver, upon the Order of The Company,
Bonds (other than Series "A" Bonds) delivered to it by The Company for
such purpose (all Matured Coupons thereon being .first detached and can-
celled) upon receipt of
(1) A certified copy of a Resolution of the Board of Directors of
The Company authorizing the Issuance of such Bonds in the form and of
the tenor proposed ;
(2) If the proceeds of such Bonds are to be used for, or for reim-
bursing The Company for, Additions or Betterments, a Certificate that the
Additions or Betterments, if not then made, will be, and, if already made,
were necessary or appropriate for lawful objects within The Company's
corporate purpose; and if such Additions or Betterments have been made,
the Certificate of its chief accounting officer and chief engineer stating
the cost thereof in detail, and that the aggregate principal amount of the
Bonds to be Issued for said purpose does not exceed 75 Jo of the net cost
of such Additions or Betterments less the aggregate principal amount
of any debt obligation (other than the Bonds) incurred or assumed by The
Company in connection therewith ;
(3) An Opinion of counsel for The Company to the effect that:
(a) The Company is duly authorized to Issue such Bonds, and
that, upon authentication and delivery, such Bonds will be the valid
and binding obligations of The Company, entitled to the benefits and
security provided by this Indenture and enforceable in accordance with
their terms, subject only to bankruptcy, insolvency, r~rganizAtion or
other laws relating to or affecting the enforcement of creditors'
rights;
(b) The Issue of such Sends hag been duly authorized by re-
quisite Competent Governmental Authority; and that
(c) The Supplemental Indenture executed in respect thereto has
been duly authorized, executed and delivered, and constitutes the valid
and binding obligation of The Company, enforceable in accordance
with its terms, subject only to bankruptcy, insolvency, reorganization,
or other laws relating to or affecting the enforcement of creditors'
rights; that said Supplemental Indenture has been duly recorded, regis-
tered and filed in such manner and such places as may be required
by law in order to protect the lien thereof ; and that all fees and taxes
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