Loading...
HomeMy WebLinkAbout1868 { , - - i . ~ 1 29 bodies having jnrisdiction uver the Companp and its properties or under any indenture, agreement or other instrnment to whioh it is a party or by wbiah it ia bonnd or to whiah any of its property may be snbject, and the carrying ont by it of fhe transactions herein oontem- plated will not result in any breach of or oonstitnte anp defanlt uader anp anch indenture, agreement or instrument. ARTICLE 4 AUTHEI~TICATIOF AND DBLIV$BY O!' ADDITIONAI~ BO1~D8. ~ 4.01. Certain requireme~nts for autl+enticatian of Additio+Kd ~ Bonds in connection urith ea-lvansion or con.struction programs. No~ withstanding the provisions of subdivssions (b) and (c) of ~~.OS of the Indentnre, Additional Bonds may be anthenticated and delivered npon any application pnrsnant to ~ 4.03, 4 4.04 or ~ 4.05 of the Inden- tnre, in addition to those which may be anthenticated and delivered upon full compliance witli the provisions of snch subdivisions, npon compliance with other applicable provisions of the Indentnre and with the provisions of ~ 4.os of the Indentnre e~cept for the delivery of tbe Certificates reqnired by snch subdivisions (but, so long as any Bonda of t~e 1979 Series, Bonds of tLe 1982 Series, Bonds of tLe 1986 Seriea, or Bonds of anp otl~er Series if the Supplemental Indentnre creating ; the Bonds of $uch Series ahall so provide shall be Ontstanding, anbject to snch consents or vote of the holders of Bonds of any one or more of anch Series as may be reqnired by the Indenture) if, npon any such application for the anthenticatian of Additional Bonds, the Company sball file for deposit with the Trnstee fihe following docnments in lieu of the docnments reqnired by snch subdivisio~.s: (a) Au Officers' Certificate, dated withi.n 10 days prior to the date of ench application, stating : (1) the pro forma net earnings of the Company available for interest and property retirement appropristions aa defined in this g 4.01 for a specified period of any 12 consecutive Cal- endar '~ionths during the period of 16 Calendar ~iontha im- mediately preceding t~e Srst day of the month in which the applicafion for anthentication and delivery of Additional Bonda is made, and to that end specifying the revennea and income of the Company and the dednctiona therefrom and additions thereto all as called for by eaid definition; and . eooK~90 18~ ~ _ . - ~ ~ y . . ~ , . _ . . : ~f:- r