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HomeMy WebLinkAbout1812 - - - - - - . __~~_~w..~~....~_...__,. ~.~~.~._.~.~~..~._._~..._.__~~_z - 2~ pany to the eatent that such intereat is not charged and properly cbargeable to property accounts of the Company, and after de- dncting therefrom the net earnings or adding thereto the net losses of any Acquired System for any period prior to ite aa- qnisition' by the Company to the eatent that snch net earninga or net losses wonld have been inclnded in the compntation of Net Earnings of tLe Comptiny Available for Interest prrsnant to subdivisian (d) of the definition of the terni ~~Net Earnings of the Company Available for Interest and Property Betirement Appropriations" in the Indentnre. The Company ~vill not make any payment otherwise permitted by the provisions of thia ~ 3.Ot if, immediately after giving effect to anch payment, the Company wonld not have adequate working capital. For the pnrposes of this ~ 3.01, snch Net Earnings Available for Interest shall be compnted as in this ~ 3.01 provided for the period beginning Junut~ry 1, 1969 to the end of the Calendar Qnarter ending within 90 days prior to the declaration of the proposed dividend or the anthorization of the other proposed distribntion or the date of the proposed pnrcbase, redemption or acqnisition, or, if snch Calendar Qnarter shall have ended within 30 days prior to the date of snch proposed action, then to the end of the nezt preceding Calendar Qnarter (the end of the applicable Calendar Qnarter being deemed the f date of compntation). For the pnrposes of tlus 4 3.01, in compntnng Net ~ Earnings of the Companp Available for Interest and earned snrplns for the period beginning Jannary 1, 1969 to the date of any compnta- tion nnder this 4 3.OI, and in compnting Total Capitalization of the Company, if the Company shall be reqnired to make refnnds to certain cnstomers by a final order of the Federal Power Commission in the pending rate proceedings in Docket Nos. RP66=4 and RP68-1, tben dednetions for the amount of snch refnnds (adjnsted as appropriate for the effect of related Federal and State income tazes) shall be made . only to the eztent applicable to revennes accrned by the Company dnr- ing the period beginning Jannary 1, 1969 to the date of snch compnta- tion nnder this § 3.01. ~ 3.02. Obtaining of a11 ~pp~ala. The Company covenants and wananta that it has here~ofore obtained all consenta and approval8 reqnired to be obtained from any governmental or regnlstory body or ~ $~~8~ ; . . ; . , . . _ - ~ - ~ - - ~ - ~ . ~~.~.~,."r-'~.c~°_~?c~:.~:.-+~,i~i~st-M's~~:sa:-..- _ . . _ . . ~ . . , . - . ~ t ' . Y ~4 ~ °e. . 'g. .r?~~~~-'~~~.~,`'~"-„~.