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HomeMy WebLinkAbout0702 9 W~.as, the issuance by the Company of said Twenty Million Dollars ($20,000,000} in aggregate principal amount of Series R bonds and the execuNon and delivery by its proper officers on its behalf of this T~venty-Second Supplemental Indenture have been authorized and directed by resolutions of the I3oard of Directors of the Company~ adopted at meet- ings thereof regularly c~alled and held in accordance ~vith the law; and Wx~~s, all acts, proceedings and tlungs necessary to make said new issue of bonds, when authentia~ted by the Trustee and issued, the valid, bincling and legal obligations of the Coinpany secured by the lien of the Indenture equall~• and ratably with the bonds heretofore issued thereunder and presentl~- outstanding, and to make this Twenty-Seoond Supplemental Indenture a valid, binding and legal instrument have been duly authorized and performed; ; Now, TH~FOt~, in consideration of the premises, and of the accept- ; tance and purcliase of the twnds by thc holders thereof, and of the sum of One Dollar duly paid b~~ the Trustees to the Company, and of other ~ good and valuable considerations, the receipt whereof is hereby acknowl- ! edged, and for the purpose of securing the due and punctual payment of j the principal of and interest on all bonds issued and to be issued under ~ and in conformity ~vith the terms of the Indenture, and for the purpose of a securing the faithful perfornlance and observance of all covenants and ~ conditions set forth in the Indenture, and ~vithout in any way limiting the ~ grant of af ter-ac~uired property contained in the Original Indenture, the ~ Company has given, granted, bargained, sold, transferred, assigned, ~ pledged, mortgaged, ~r•arranted and conveyed, and Uy these presents does ~ give, grant, bargain, sell, transfer, assign, pledge, mortgage, warrant and ~ convey unto American 1\Tational Bank and Trust Company of Chicago, ~ Chicago, Illinois, as Tn~stee, and to Armand D. ~Vhiteman of Fort Myers, _ County of Lee, Florida, as Co-Trustee, as in the Indenh~re provided, and ~ the respective successor or successors in the trust thereby created, and to ~ them and their assigns forever, all the right, title and interest of the Com- - pany in and to any and all premises, properh~, franchises and rights of ~ every kind and description, real, personal and ~mixed, tangible and intan- ~ gihle, aa~uired by the Company since the execi~Non of the T~venty-First Supplemental Indenture (other than any ~vhich since such execution may ~ ' - ~ ~ - ~ ~ . . , : ~~E ~ ~ • ~ ~ ~ G-f ~ 255 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ _ , R~~ + `4 ~`°af.~d~'-;~yr~ rt . t ~ .~.'V~,F ~ ah ~ . _ ti. . . : ..x