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In the event that the 85,000 MCF ~dditional Capacity ehall not be
oompleted on or before December 1,1966, or within anch fnrther period
.
as s in anch com 1 tion dir tl ttribntable
~ Lall eqnal the delays, if anY, P e ~ Y a
, to force majeure (as defined in 45.a1(a) of the Indenture), bnt in any
,
event on or before March 1, 1967, or ench earlier date aa may be '
apecified ea a reqnired date for the completion of or the transmisaion ,
or d live of na r as b meana of an of the facilities of the '
e tn al
~'9 8 y y
Company constituting a part of the Pipe Line $yatem (ezpanded
~ and enlarged to inclnde the 85,000 MCF Additional Capacity), by '
the terms of any applicable order of the Federal Power Commiasion
or by sny provieion of any contract of the Company pledged nnder
the Lien of the Indentnre or of any of the Florida IItility Pnr-
# oLaee Contracta, unless anch provision sliall have been waived, the
~ Trustee aliall, on delivery to it of the written reqneat of the ~holdera of
~ 9096 in prineipal amonnt of t,he Bonds of the 1986 Series then Out-
~ etanding, apply all of tLe nnezpended balance of the fnnds held by the ~
~ Trnstee and received pnrenant to ~ 4.04(a) of the Indentnre toward
the redemption, pnrsnant to g,2.07' Lereof, of the Bonds of the 1986
~ Seriea tLen Ontetanding. ~
,
~ 3.02. With Respect to Consents to ~his 3upplemental Indenture. {
k The Company has heretofore fnrnished to each Bondholder and to the
~ Trnstee the following (herein collectively referred to se the "85,000
€ MCF B,eport") :(i) a report, dated April,1966, coneisting of 28 pages
~ and Ezhibita A, B and C, as listed in the Table of Contenta, and three
; additional sheets ahowing coverage data for the yesra 1963, 1964 and
- 1965 and the twelve months ended March 31, 1966, compnted pnrsnant
to Section 4.06(b) (iii) of the Indentnre, all prepared bp Blpth &
f Co., Inc., Lehman Brothers and Allen & Company for the Company,
~ and also a letter of the Company, dated Jnly 7, 1966, wLich, among
t other thinga, up-datea certain information contained in said report,
- (u) balance aheets of the Company as of December 31, 1961, 1962,
_ 1963, 1964 and 1965 and related statements of income (loas, in 1961
i statement) and retained earninga (deScit, in 1961 statement and snrplns
5 in 1963 and 1964 ststements) for the twelve month period ending on
~ each snch December 31, certified by Arthnr Andersen & Co., (iu)
s consolidating balance sheets of the Florida (~as Company and its
~ Snbsidiariea as of December 31, 1961, 1962, 1963, 1964 and 1965 and
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` ~ BooK 151
434
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