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the Company (a certified copy of which Resolution has been duly filed by
the Company with the Corporate Trustee) as provided in said Article XIX,
the Mortgage has been modified as hereinaRer provided; and
WHEREAS, Section 11 S of the Mortgage provides, among other things,
that instruments supplemental to the Mortgage embodying any modification
or alteration of the Mortgage or of any indenture supplemental thereto
made at any bondholders' meeting and approved by Resolution of the
Board of Directors of the Company may be executed by the Company and
the Trustees:
NOW, THEREFORE, THIS INDENTURE WtTNESSErH:
That the Company, in 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, covenants and
agrees to and with the Trustees and their successors in said Trust under the
j Mortgage as follows:
SECTION 1. In order to evidence the modification of the Mortgage
pursuant to the above-mentioned approval by Resolution of the Board of
I Directors of the Company, the Mortgage is hereby modified as follows:
A. Section 39. (I) (2) of the Mortgage is modified to read as set forth
~ below:
(2) The amount which is ten per centum (10°,6) of such Adjusted
_ Gross Operating Revenues (but the amount required to be stated by
this clause (2) in such certificate shall not, in any case, exceed the
aggregate of (x) 52,000,000 plus (y) two per centum (2°6) of the gross
charges to plant account for additions to depreciable property of the
Company made after December 31, 1943 and prior to the beginning of
the calendar year next preceding such filing, less (z) two per centum
(2°Xv) of the gross credits to plant account for retirements of depreciable
property of the Company made after December 31, 1943 and prior to
the beginning of the calendar year next preceding such filing);
~ B. Section 28. (7) (b) of the Mortgage is modified to read as set forth
below:
(b) that the ownership and operation of the Property Additions in
respect of which the application is made are within the corporate
powers of the Company, subject to obtaining all necessary permission
~ from governmental authorities to operate such Property Additions; and
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