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i ~ THIRTY-SEVENTH SUPPLEMENTAL INDENTURE
INDENTURE, dated as of the first day of November,l9?9, made and
entered into by and between FcosLDA POWER & LlcHwr COMPANY, a cor-
poration of the State of Florida, whose post office address is 9250 West
Flagler Street, Miami, Florida 33174 (hereinafter sometimes called the -
? Company), and BANxERS TRVSr CobiPANY, a corporation of the State of
New York, whose post office address is Sixteen Wall Street, New York,
New York 10015 (hereinafter sometimes called the Corporate Trustee),
and FLORIDA F[RSr NATIONAL BANK of JACxsONV1LLE (formerly The
Florida National Bank of JacksonviUe), a national banking association
organized and existing under the laws of the United States of America,
whose post office address is Jacksonville, Florida (hereinafter some-
. times called the Co-Trustee) (the Corporate Trustee and the Co-Trustee
being hereinafter together sometimes called the Trustees), as Trustees
under the Mortgage and Deed of Trust, dated as of January 1, 1944
(hereinafter called the Mortgage), which Mortgage was executed and
delivered by the Company to secure the payment of bonds issued or to
- be issued under and in accordance with the provisions thereof, reference
to which 1ortgage is hereby made, this Indenture (hereinafter called
the Thirty-seventh Supplemental Indenture) being supplemental
thereto;
~ WHEREAS, Section 8 of the :Kortgage provides that the form of each
series of bonds (other than the first series) issued thereunder shall be
established by Resolution of the Board of Directors of the Company and
~ that the form of such series, as established by said Board of Directors,
shall specify the descriptive title of the bonds and various other terms
thereof, and may also contain such provisions not inconsistent with the
~ provisions of the Mortgage as the Board of Directors may, m its discre-
tion, cause to be inserted therein expressing or referring to the terms
and conditions upon which such bonds are to be issued and/or secured
under the Mortgage; and
I WxEAEAS, Section 120 of the Mortgage provides, among other things,
that any power, privilege or right e~cpressly or impliedly reserved to or
in any way conferred upon the Company by any provision of the ~iort-
gage, whether such power, privilege or right is in any way restricted or
~ is unrestricted, may be in whole or in part waived or surrendered or
i subjected to any restriction if at the time unrestricted or to additional
~ Awn .
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