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HomeMy WebLinkAbout0290 ~ ~ ~ 5 WHEREAS, Section 120 of the Mortgage provides, among other things, . that any power, privilege or right expressly or impfiedly reserved to or in any = way conferred upon the Company by any provision of the Mortgage, - whether such power, privilege or right is in any way restricted or is unrestricted, may be in who e o in pan waived or surrendered or subjected ta any restriction if at the time unrestricted or to additionai restriction if - alrcady restricted, and the Company may enter into any further covenants, ` limitations or restrictions for the benefit of any one or more series of bonds • issued thereunder, or the Company may cure any ambiguity contained therein, or in any supplemental indenture, or may establish the terms and - provisions ~f any series of bonds other than said first series, by an instrument ~ E in writing executed and acknowiedged by the Company in such manner as ; would be necessary to entitte a conveyance of real estate to record in all of ' the seates in which any property at the time subject to the Lien of the Mongage shail be situated; and _ WHEREAS, the Company now desires to create a new series of bonds and to add to its covenants and agreements contained in the Mortgage certain - other rnvenants and agreements to be observed by it and to alter and amend in certain respects the covenants and provisions contained in the Mortgage; _ and WHEREAS, the execution and delivery by the Company of this Twenty- _ eighth Supplementat Indenture, and the terms of the bonds of the Twenty- ninth Series, hereinafter referred to, have been duly authorized by the Board of Directors of the Company by appropriate resolutions of said Board of Directors; . - ~ I~IOW THEREFORE, THIS IfYDENTURE WITNESSETH: TI11t tI1C CO(Ilpdily, lil consideration of the premises and of One Dollar to it duly paid by the ~ Trustees at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, and in further evidence of assurance of the estate, title and rights of the Trustees and in order further to secure the payment of both the principat of and interest and premium, if any, on the bonds from time to time issued under the Mortgage, according to their tenor and eflect and the perfarmance of all the provisions of the Mortgage ( including any instruments supplemental thereto and any modification made as in the Mortgage provided ) and of said bonds, hereby grants, bargains, sells, reieases, conveys, assigns, transfers, mortgages, pledges, sets over and confirms ( subject, however, to Excepted Encumbrances as defined "i .~lw~ ~ . . . ~ . . ~ z~v