HomeMy WebLinkAbout2539 • ~ .
~ •
. i • , ~ -
f~ ~ •
-
1
k
- _
i -
• t;
i' • ~
1 5
THIRTY-EIGHTH SUPPLEMENTAL INDENTURE
. INDENTURE, dated as of the first day of March, 1980, made and
entered into by and between Fwtttn~ • PowFa dt LtGtrr CoYrnunt, a
corporation of the State of Florida, whose post ofl~ce address is 9250 West
Flagler Street,. Miami, Florida 33174 (hereinafter sometimes called the
Company), and B~rtxoes TttusT Coa~rn~nnr, a corporation of the State of
New York, whose post office address is Sixteen Wall Street, New York, New
York 1001 S (hereinafter sometimes called the Corporate Trustee and
FLauDA Fttcsr NATIONAL B~MC of J~CKSONVIi.t.E (formerly The Florida
National Bank of Jacksonville), a national banking association organized ,
• and existing under the laws of the United States of America, whose post.
office address is Jacksonville, Florida (hereinafter sometimes called the Co-
Trustee) ~ the Corporate Trustee and the - Co-Trustee being hereinafter
together sometimes called the Trustees as Trustees under the Mortgage
E and Dced 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 Mortgage is hereby made,
this Indenture (hereinafter called the Thirty-eighth Supplemental In-
denture) being supplemental thereto;
WeF.t~ws, Section 8 of the Mortgage 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, in its discretion, 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
WHtREAS, Section 120 of the Mortgage provides, among other things,
that any power, privilege or right expressly or impliedly reserved to or in any
• way conferred upon the Company by any provision of the Mortgage,
g~326 Pa~E2537