HomeMy WebLinkAbout0087~• R' 27 4ACE 87
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~~'!~ '':~'~k'Y• FLA. COUNTERPART NO. ~
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THIRD SUPPLEMENTAL INDENTURE
THIRD SUPPLEMENTAL INDENTURE dated as of November 1, 1961 and made by
SOi7TIlEASTERx PUBLIC SERVICE Co1[PANY, a COTpOratlOn duly Or$anlZed aDd exlstlleg Uritler the laW3 Of
the 'State of Delaware and having its prindpal place of business in the City and State of New York
(hereinafter called the "Company'), the party of flee first part; and HARRIS TRUST wx~ SAYINGS
Bwxx, a corporation duly organized and existing under the laws of the State o{ Illinois and leaving
its principal place of business in the City of Chicago, State of Illinois (hereinafter called the "Trustee")
and Henry A. Carrington, residing in the City of Tampa, State of Florida (hereinafter sometimes
called the "Individual Trustee"), parties of the second part (said Trustee and Individual Trustee
being hereinafter sometimes called together the "Trustees") ;
WITNESSETH:
WHEREAS, the Company has heretofore duly executed, aclaeowledged and delivered to and with
the Trustees that certain Indenture of Mortgage and Deed of Trust; dated as of September 1, 1960
(hereinafter called the "Original Indenture") to secure the payment of the principal and prunium, if any,
and interest on (a) An issue of First Mortgage and Collateral Trust Bonds, 5% ;'o Series due 1975.
limited in aggregate principal aneount to $1,550,000 of which $1,550.000 are outstanding as of flee date
hereof, and (b) An issue of First Mortgage and Collateral Trust Bonds, 6~~ Series due 1975, limited
in aggregate principal amount to $1,950,000 of which j1,950,000 are outstanding as of the date hereof ;
and
WHEREAS, the Company has heretofore duly executed. acknowledged and delivered to flee Trustees
a First Supplemental Iudeleture dated as of April 1, 1961 (hereileatter called the "First Supplement"),
supplemental to the Original Indenture, by which tlee Company pledged with tlee Trustees certain
collateral in substitution for collateral originally pledged ; and
~~VHGREAS, the Company has heretofore duly executed, acknowledged and delivered to the Trustees
a Se_ond Supplemental Indenture dated as of July 1, 1961 (hereinafter called the "Second Supplement").
siel,plene~ttal to file Original Incientiere (the Original Indrnture as so supplcmentecl by the First
Supplement and flee Second Supplement and as it may from time to time be further supplemented by
one or more other indentures supplemental thereto being hereinafter called the "Indenture"), by which
the Company subjected to the fern of the Indenture additional property located in Texas acquired
by the Company during the year 1960; and
WHEREAS, the properties hereinafter described in Article One of this Third Supplemrntal Indenture
have lien conveyed by the Company to the Trustees as part of the trust estate under the Indenture
(said properties being hereinafter called the "Railways Properties") ; and
~~'IIEREAS, the Company desires (a) to amrnd the Original Indenture in the respects hereinafter
set forth; and (b) to sell the Railways Properties to its wholly-owned subsidiary, SEPSCO HoLnixG
COMPANY, a Nevada corporation (hereinafter called "SEPSCO") ; and
WHEREAS, pursuant to Article 18 of the Indenture, the holders of all the bonds of all series now
outstanding under the Indenture, have filed with the Trustee, their written ognseats to, and apprmral
of, the execution and delivery of this Third Supplemrntal Indenture and the modifications herein con-
tained of the terms and provisions of the Indrnture; and
WHEasAS, all acts azd things necessary to oallstimte ells Third Supplemental Indenture a valid
and enfocreable insbrumtnt have been done and the e~cecution and delivery of this Third Supplemental
Indenture bane been duly and lawfully authorized in all rmpecta