HomeMy WebLinkAbout0097`~~{ ~OOK 2a~ -PACE 9 l
Paresl 2: That certain lease fro tr>~ES~&--l~1'~l.~A. Waklran Avmue Ice 8c Coal Co., Inc.
dated September 17, .1957, relating. to w-called North Side Ise Plant in the Gty of Memphis, County
of Shelby and State of Tennessee, expiring October 16, 1460, e~cbended to October 15, 1961.
Pascsl 3: That certain lease from Broadway Coal ~ Ice Company, a Tennessee corporation (as
.'Party of the First Part"). to Properties Management Corporation, s Ihlaware corporation (as "Party
of the Sernnd Part") dated January 2, 1959, demising and leasing the premises situate at 763 South
Lauderdale Strcet, in the City of Memphis, County of Shelby, State of Tennessee.
ARTICLE TWO
Al[HNDYHxTS To INDHNTUSlt
ti
SECTrON 2.1. The Company will not permit SEPSCO to issue any new or additional capital stock
of any class unless all of such additional capital stock shall be issued to the Company.
SECTION 2.2. The Company will not sell, assign, transfer, mortgage, pledge or otherwise dispose
of its interest in any of the capital stock of SEPSCO.
SECTION 2.3. The Company wdl not permit SEPSCO do create or have oatatandiag nay awttgage,
lien cr other encumbrance upon its property located at 14th Street in the City of Richmond, County
of Contra Costa, State of Califon ia, and occupied by SEPSCO as a cold storage warehouse, or to
create or have outstanding any mortgage, lien or encumbrance upon any of its other properties or assets
except mortgages, liens or encumbrances which the Company would be permitted under the Indenture
to create or have outstanding if such properties were owned by it.
SHCrIOx 2.4. The Company • will not permit SEPSCO to create, assume or suffer to exist any
guaranty of the obligation of others except the Continuing Guaranty executed and delivered by SEPSCO
to Bank of America National Trust and Savings Association oa April 21, 1961, is the amount of
X1,400,000, and any refunding thereof, provided that any such refunding shall be in such amount and
for such duration as shall not exceed the amount and duration so rduuded.
SHCTrON 2.5. Section 12.01 of the Original Indtnture is hereby amended (a) by deleting the
period at the end of paragraph (g) thereof and substituting "; or" in lira thereof, and (b) zdding a
new paragraph following paragraph (g) to read as follows
"(h) failure by the Company's wholly-owned subsidiary, SEPSCO Hor~ixc CoscrwxY, a
Nevada corporation, to pay prindpal or interest on any obligation, including its obligation on its
Continuing Guaranty to Bank of America National Trust and Savings Association, when nay such
principal or interest on any such obligation shall have become due.,.
ARTICLE THREE
MISCHrrwxaoUs
SHCTrox 3.1. In all respects not inconsistent herewith the Indenture, as hereby modified sad supple-
mented, is hereby ratified, approved and confirmed.
SacTiox 3.2. This Third Supplemental Indenture may be executed in several counterparts, each of
whic3i so executed shall be an original, and all collectively :hall ooostitute but au and the same
instrument.
Ix Wrrxass Wsasaor, SD*.rraswarsaex Pvsric Ssmcs CoYrwxY hu caused this Third Sup-
plemental Indenture to be signed in ib corporate name and behalf by ib President or ooe of its Yioe
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