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HomeMy WebLinkAbout0223.~ - t. ,, .. .Is x. ~, a 9o~r 25 PAGE223 ~•r• t ~!flE C^UHT1'. FLA. 11 leas, but only to the extent that such interest is charged and properly chargeable tp property accounts of the Com- pany, interest paid or accrued on borrowed money, (iii) all Investments (other than Permitted Invest- ments) in any Persona, leas an amount equal to the cash received by the Company from the liquidation of such In- veatmenta, and (iv) the ezcess, if any, of the amount of Funded Debt required to be theretofore retired by the Company prior to the final maturity date thereof under the provisions of any sinking fund, purchase fund or analogous fund re- lating to such b'undeci Debt (including aerial maturities other than the final maturities) over the aggregate amount of depreciation, amortization and depletion theretofore deducted in determining Net Earnings of the Canpany Available .for Interest, would exceed the \ct Earnings of the Company Available for Interest, after deducting from such 1~'et Earnings the provi- sion for taxes based on or measured by income or profits (ex- cept that if the amounts claimed for depreciation, amortization or property retirement in the computation of such provision for taxes shall have been computed on a basis other than a straight line basis, such provision for taxes shall be in the amount of such taxes which would have been payable if the a~nouiits claimed for dcl~recia±ion, amortization or property retirement in the computation of such taxes hacl been computed on a straight line basis, without regard to depreciation, amorti- zation or depletion theretofore taken on any other basis), and after deducting therefrom the net earnings or adding thereto tlce net losses of any Acquired S~•stem for any period prior to its acquisition ln• the Company to the extent that such net earnings or net losses shall bare been included in the computa- tion of Net Earnings of the Company Available for Interest pursuant to Subdivision (d) of the definition of the term "A'et Earnings of the Company Available for Interest and Property Retirement Appropriations" ; provided, however, notwith- standin~- anything contained in the foregoing provisions of this Q 5.19, (A) the Company may, prior to the Initial Completion Date, lay icite.rest on the Notos in an amount not exeeedin}; the lesser of (i) $555,000, and (ii) the amount of such interest