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HomeMy WebLinkAbout1354 • + ~ r a ::z~.. 18 effective on the earliest date on which either (a) no bonds of any of the Series E through L, inclusive, shall be outstanding or (b) an amendment to such Section 40 of the Original Indenture shall have become effective upon the consent of the holders of the bonds of Series E through L, inclusive, provided that no consent of the holders of the Series S bonds shall be required for effecting such amendment. Sgvriox 11. The Company, and the holders of the Series S bonds by their accepting and holding thereof, hereby consent and agree that all provisions of the Original Indenture which require the delivery of a certificate or opinion of a practicing accountant, or an independent pub- lic accountant shall be satisfied by the delivery of a certificate of the controller or an assistant controller, or_ the principal socounting officer of the Company, at the earliest date on which either (a) no bonds of any of the Series I: through Y, inclusive, shall be outstanding, or (b) an amendment to such provisions of the Original Indenture shall have become effective upon the consent of the holders of the bonds of Series E through P, inclusive, provided that no consent of the holders of the bonds of Series S shall be required for effecting such amendment; pro- vided that this Section and such amendment shall not apply to any cer- tificate required to be delivered in connection with the authentication and delivery of bonds, if the period covered by such certificate is a period covered by any annual report required to be filed by the Company. . SECTION 12. Effective on the earliest date on which either (a) all Series E through R Bonds have been retired or (b) Lhe holders of the Series E through R Bonds have consented to such an amendment, Article VII, Section 39 of the Original Indenture is hereby amended by Striking, where~•er they occur, the words "Ten Thousand Dollars ($1(),000)," aiyd inserting in lieu thereof the «ords '`a dollar amount equal to one-tenth of one percent (0.1%) of total telephone plant of the Company in service for any one occurrence, but not more than one- half of one percent (0.5%) of total telephone plant of the Company in service in any calendar year." SsCrtox 13. Effective on the earliest date on which either (a) all Series E through R Bonds hate been retired or (h) Lhe holders of the Series E through R Bonds ha~•e consented to such an amendment, Article Section fi0(3) of the Original Indenture is hereby amended by adding ~ ~2p 15'2: