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HomeMy WebLinkAbout2688 i _ . . _ - - , - - - _ . 27 (B) The fair value to the Company of such property as set forth in such certificate or opinion is not less than TH entp-Sve thousand Dollars ($25,000) and not less than one per cent. (1 Jo ) of the aggregate principal amount of bonds at the time outstanding, such certificate or aYinion sLaA be made by an independent , engineer, appraiser, or other eapert nnd, in the case of the . unthenticntion and deli~ ery of bouds, shAll cover the - fair_ valne to the Company, as determined above, of any property so used a~d operated which has been so subjected to the lien of this Indenture since tbe comiuencement of the then current calendAr year, a~d as to ~vhich a certificate or opinion of an independent engineer, appraiser, or other ezpert has not pre- vionsly been fnrnished. _ Any such independent engineer, appraiser or other espert shall be approved by the Trustee iu the egercise of reasonable care." - ARTICLE III ~.DDITI0:~.1L PBOVISIOti$ SECTIO\ 29. The Company, and the holders of the Series O Bonds - by their acceptance and holding thereof, hereby eonsent and agree that the provisions of Section 40 of the Original Indenture sball cease to be effective on the earliest date ou which either (a) no Bonds of any ~ of the Series B tUroagh L, inclusive, shall be outstanding or (b) an amentlment to such Section 40 of the Original Indenture shall have beconie effecti~~e upon the consent of the holders of the Bonds of Series B t~rough L, inclusit e, proS~ided that no consent of the holders of the Sei•ies O Bonds shall be required for effecting such amendment. - SFC~o~ 30. The Compans, and tlie holders of the Series O Bonds by their accepting and Iiolding thereof, hereUy co~isent and agree that all pro~~isions of the Original Indent.ure «~hich require the deli~~erS~ of a certificate or opinion of a practicing accotmtant, or an independent puU- lic accountant shall be satisfiecl by the delivery of a certificate of the controller or an assistant controller, or the principal accountiug o~cer z , 60GK2Q~ PAGE~S? ~ ' k= J 7 ,C ~ ,i ~ , 3 'a~'=~ ~ . - ' -s . x ' . ~~~~~f<•~ ~ . _ . . ~ ~~~;'seax._t~«:~.~'rK.~