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HomeMy WebLinkAbout2621 . 8 ance with ~ 9.04(e) and not in the case of an application for the anthentication of Additional Bonds which are Bonds of the 1986 Series, or are Bonda of the 1987 Series and/or Bonds of the 1988 ~ Series (such last two Series being limited in aggregate principal . amonnt to $55,000,000) and authenticated prior to January 1;1969, pnrsuant to 4 4.03 or ~ 4.04, and not in the case of an application for the anthentication of Additional Bonds if there shall have been fited with the Trastee the written consent of the holders of • not less tLan 66~q'o in principal amonnt of the Bonds of the 1979 Series, 66~% in principal amonnt of the Bondg of the 1952 Series and 66~% in principal amonnt of the Bonds of the 1986 ' Series then Outstanding, an Officers' Certificate, dated within 10 days prior to the date of the Company's application, stating (b) In Snbdivision (c), delete the following: ~~or if the aggregate principal amount of Bonds to be authenticated and delivered and of Bonds anthenticated and delivered since the - commencement of the then enrrent calendar year (other than Bonds with respeet to which an Independent Accow~tant's Certificate has been previously fnrnished) is lOq'o or more of the aggregate prin- cipal amonnt of Bonds at the time Ontstanding": 41.0~. ~ mendment o f§ 5.os of the Indenture. ~ 5.06 of the Inden- tnre is herebp amended, in Snbsection (a), by changing "$50,000" to ' ~ $150,000 and by changing "$100,000" to "$300:000 ~ 1.06. ~mendme~t of § 5.11 of t)ae Is~denture. g 5.11 of the Inden- tnre is hereby amended by inserting, at the end of Snbsection (b) thereof, the following: '~The foregoing provision of this Snbsection (b) shall not apply after the Company, with the consent of certain Bondholdera as ~ provided in ¢ 5.16, shall have been eonaolidated with or merged into, or shall have sold or otherwise disposed of all or snbstantially all of the Mortgaged Property as an entirety to, Florida GFas Com- pany in accordance with ~ 13.01 or Florida (~as Company shall liave been merged into the Company." ~ 1.07. ~mendment of ~ 5.12 of the Indenture. ~ 5.12 of the Inden- ture is hereby amended by deleting from the firat sentence thereof the following: ' "The Company will not borrow any fnnds to be applied or apply any borrowed fnnds or any fnnda obtained from the issne or • ~ a~ox~.~~ ~~~6~. _ -~a~y ~ w: . . ; r=a ~-ac4 `K:yh^C~ tF~ E x~- t',rm ~ . . _ . _ .