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FORTIETH SUPPLEMENTAL INDENTURE
INDENTURE, dated as of the first day of October, 1980, made and
entered into by and between FLORIDA PowER dt •LICHT COMPANY, a
corporation of the State of Florida, whose post office address is 9250 West
Flagler Street, Miami, Florida 33 i 74 (hereinafter sometimes called the
Company and BANKERS TRUST COMPANY, a corporation of the State of
New York, whose post oHSce address is Sixteen Wall Street, New York, New
York 10015 (hereinafter sometimes called the Corporate Trustee); and
FLORIDA FIRST NATIONAL BANK OF JACKSONVILLE (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
ofl"ice address is Jacksonville, Florida (hereinafter sometimes called the Co-
- Trustee) (the Corporate Trustee and the Co-Trustee being hereinaRer _
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 Mortgage is hereby made, _
this Inder.:ure (hereinafter called the Fortieth Supplements! Indenture )
being supplemental thereto; -
WHEREAS, 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 .
WHEREAS, 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,
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