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or a firm of engineers (selectecl by the Board of Direc~ors and
acceptable to the Trustee 1~vho will, at the Company's expense, file a
written report ~vith the Trustee, stating the extent to wbich the
Company's properties have heen maintained in compliance with this
~ oovenant. Copies of the report will be mailed to each of the Series M
bondholders within 10 days after the report is filed with tbe Trustee.
The provisions of this Section 10 shall appl~~ in respect of requirements
f relating to Series ~i bonds while ~my bonds of such series are outstand-
~ ing hereunder and shall be instead and iri lieu of any other requirement
; for the applicadon of revenues for the maintenance, repair, renewal and °
i replacement of mortgaged and pledged- property which may otherwise '
be required ~mder Secdon -~0 of thc Original Indenture. ~
S~:nox 9. The Compan~- shall be authoriieci to declare and pay divi-
~ dends to its stockholders of record provided that the sum of (a) cash
dividends on capital stock subsequent to December 31, 199~ and ( b) i
net redemptions of rapital stock sul~sequent to November 19, 1970, sha11 } j
not ea
o e
e
d t
h
e sum of net inoome aecrued su
b s
e
quent to December 31,
i~ lgga, lus 375p,000.00. Provided, however, that notwithstanding the fore-
P
going limitations, the Company may, in any ~~ear, but not exaeeding two
~ ( 2)~~ears in the ag~regate, pa}- di~-idends on preferred stock at an~• time
j outstanding from income earned prior to December 31, 1969.
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; SF.c-no~ 10. An~•thing c~ntaineci in the Indenture to the eontran•
~ notwithstanding, no amendment or modification of the Indentune or
of this Se~~enteenth Supplemental lndenture affecting the bonds of Series
~t shall be entered into b~- the Compan~~ and the Tn~stees except with
the written consent ~ of holders of 86~6 in princ.ipal amount of the bonds .
~ of Series \t then outstanding: provideci, however, that no such amendment ~
or modification shall extend the fixed maturih~ of the bonds of Series M,
or reducr the rate or e~tend ~ the date of pa~-~nent o# interest thereon, ;
~ or reduce the principal amount or redemption pric~es thereof, or permit ;
the creation of an~• lien ou the .~.~tiets ur propert~~ of the Company prior
to the lien of t~ Indenture, withoul t6e written amsent of tbe holder of
tach bond of Series ~1 affecfed b~~ sueh action ;
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