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Home My WebLink About0999 • ' ~ . . • ~ r . t ' • ' . _ . . 1 : . . ~ - - . • t . ~ . ~ ~ , ~ FOItTY-NINTH SUPPLEMENTAL INDENTURE ~ INI~ENTURE, dated as of the first day of March, -1983, made snd entered into by and between F~osIDS Powsx d~ Lt~gr Co~ex~t, a cor . poration of the State of Florida, whose post o~'ice addresa is 9250 West Flagler Street, Miami, Florida 33174 (hereinafter sometimes called the Y . ~Company), and BAxxs~ts Tsusr ColtPSx~t, a corporation of the State of ~ New York, whose oorporate truat o8'ioe address is Four Albany Street, New York, New York 10006 (hereinafter sometimea caUed the Corpo- rate 15rustee), and Ft.o~e N~~oxnt. Bnxx (formerty The Florida Na . tional Bank of Jacksonv~le), a national bankiag association organized and eaiating under the lawa of tbe United Statea of America, whoae post o~ce addreas ia dacksonv~7le, Florida (hereinafter sometimea called the Co-1~uatee) (the Corporate 1~uatee and the Co-TruBtee being hereinaf- ter together sometim~s caUed the 1~rustees), as Trnsteea under the - Mortgage and Deed of ~ruat, dated as of January 1,1944 (hereina~ter ~ called the Mortgage), which Mortgage was eaecuted and delivered bp the Company to secure the payment of bonds isaued or to be iseued j under and in ac~oordance with the prnvisions thereof, reference to which i ~ Mortgage is hereby made, this Indentnre (hereinafter caUed the I I Forty-ninth Supplemental Indenture) being sapplemental thereto; ~ j , - i We~ss~s, Section 8 of the Mortgage provides that t6e form of each ~ - series of bonds (other thaa tbe firat seriea) issned thereunder shall be . establiahed bq R~eaolution of the Board of Directors of the Company and that the form of auch seriea, as establiahed by said Board of ~Directora, ~ ahaU specify the descriptive title of the bonds and variooa other terma thereof, and may also contain such provisions not inconsistent with the . pmvisiona of the Mortgage aa the Board of Directora may, in its discre- ` tion, cause to be insert~ed therein expresaing or referring tfl the terms and conditiona upon which such bonda are to be iasued and/or secured under the Mortgage; and Wx~?s, Section 120 of the Mortgage prnvides, among other things, that any power, priv~7ege or right eapresaly or unpliedly reserved to or E in any way conferred upon the Company by aay pmvision of the Mort ~ gage, whether such power, privilege or right ia in any way restricted or ~ is unrestricted, may be in whole or in part waived or surrendered or ; subjected to any restriction if at the time unrestricted or to additional 4 restriction if already r~tricted, and the Company may enter inta aay r E ~ i 1 _ . : t~~~f..- . ~3~'j ~ 998 F ^ . . - _ . _ ' ' . _-A . ' . . _