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HomeMy WebLinkAbout1420 ~ ~ ~ ~ . ~ ' . , r . ~ . ~ . ~ . ~ . _ • t g . • ~Y Y , . . . _ , fi0l1.2~4 IM~S~~~~~~ UEEU RECURDS ~~~14~2~ ~A~,E~~~ 8`74004 . ASSIG}NMENT, dated as of November 30, 1970 (herein, together with all supplements and amendments hereto, ealled this "Agreement"), from Dsi.swst~ W~sBx ~p~T~ ~c., a Delaware corporation (herein called the "Assignor which term shall include any successors to Delaware Western Properties, Ina by merger or by sale, asaignment ' or transfer as .permitted by the Indenture hereinafter mentioned), having an o~ce at 100 West Tenth Street, Wilmington, Delaware 19801, and COM9P, Ixo•, a Delaware corporation (herein, together with any corporationa succeeding thereto by merger, consolidation or the acqnisi- tion of ite assets eubstantially as an entirety, called the "Leasee hav- ing an office at 100 West Tenth Street, Wilmington, Delaware 19801, to - gexs~as TsvsT Coxpsx~r, a New York corporation, as trnstee, now hav- ing its corpor~ate trast office at One Battery Park Plaza, New York, New York 10015 (herein, together with its sncceasore and assign.s as such trnstee, called the "Trnstee"), and ~iG. I. Landan, as individual trnstee, ~ having a residence at 83 Somarset Eoad, New Rochelle, New York~ 108(34 ~ (herein, together witL -Lia snocessora and assigns aa anch inciividusl ~ trnatee, called the "Individnsl Trastee"), as trnstees (herein, together ` with all separate trustees and co-trustees appointed as provided in Sec- ! tion 12~0~ of the Indentnre, collectively called the "Trnsteea"), nnder ~ an Indentnre dated as of November 30, 1970, from the Aasignor to ~ Bankers Trust Company, as Escrow Agent, and the Trustees (herein, ~ together ~with all amendments and snpplements thereto, called the "Indentnre At or abont the time of the delivery hereof the Assignor ia borrow- ing and from time to time thereafter the Assignor may borrow, certain ~ sums of money, and in order to evidence such iwrrowing the Assignor ~ is issuing and may isane from time to time nnder the Indentnre ita 9% ~ Notes Due 2000 (herein, together witL Substitnte Notes (as defined in the Indentnre), if any, issned nnder the Indentnre in lien of snch Notea, ~ Additional Notes (as defined in the Indentnre), if any, iasned under the Indentnre with respect to the Leased Premises as hereinafter ; defined, and any notea issned in ezchange or replaceiiient of any of ~ said I\Totes, sAid Substitute Notes or said Additional I~'otes pursuant ~ to Section 204 of the Indenture, coUectis~elp called the "Notes") in ~ an aggregAEe principal amount not to ezceed $25,000,000. The rTotes ~ ~ ~ `'~u,. 311 -:~<< 1419 ~ ~ ~ -