Amendment to Original Indenture. SECTION 1. 031. Amendment to Original Indenture.
Amendment to Original Indenture. Section 1. Section 3.01 of the Original Indenture is amended by inserting the following provision as the new third paragraph of such Section 3.01: "Notwithstanding any other provisions of this Indenture, with respect to compliance with any conditions precedent to the authentication and delivery of bonds, no certificate or opinion of an accountant shall be required to be of any person other than an officer or employee of the Company actively engaged in accounting work, but who need not be a certified or licensed public accountant, as to dates or periods not covered by annual reports required to be filed by the Company, in the case of conditions precedent which depend upon a state of facts as of a date or dates for a period or periods different from that required to be covered by such annual reports."
Section 2. Except as herein modified, the provisions of Section 3.01 of the Original Indenture are in all respects confirmed.
Amendment to Original Indenture. Section 1.1 Amendment to Section 12.1(a). Section 12.1(a) of the Original Indenture is hereby amended by deleting from the phrase "each Subsidiary of the Company joining in the execution of this Indenture and the Notes for the purpose of evidencing its Guarantee and its agreement to be bound by the terms of this Indenture" appearing in the first sentence thereof the phrase "and the Notes" such that Section 12.1(a) of the Original Indenture, as so amended, is restated in its entirety to read as follows:
(a) In consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each Subsidiary of the Company joining in the execution of this Indenture for the purpose of evidencing its Guarantee and its agreement to be bound by the terms of this Indenture, and each Subsidiary of the Company that becomes a Guarantor in accordance with Section 4.16 and/or that executes a supplemental indenture in which such Subsidiary agrees to become and be a Guarantor and to be bound by the terms of this Indenture, jointly and severally, hereby unconditionally guarantees to each Holder of a Note authenticated and delivered by the Trustee and to the Trustee, irrespective of the validity or enforceability of this Indenture, the Notes or the obligations of the Company under this Indenture or the Notes, that: (i) the principal of and interest (and premium, if any) on the Notes will be paid in full when due, whether at the maturity or interest payment date, on any Change of Control Payment Date, by acceleration, call for redemption, purchase or otherwise, and interest on the overdue principal and interest, if any, of the Notes, if lawful, and all other obligations of the Company to the Holders or the Trustee under this Indenture or the Notes will be promptly paid in full or performed, all in accordance with the terms of this Indenture and the Notes, and (ii) in case of any extension of time of pay ment or renewal of any Notes or any of such other obligations, they will be paid in full when due or performed in accordance with the terms of the extension or renewal, whether at maturity, on any Change of Control Payment Date, by acceleration, call for redemption, purchase or otherwise (such guarantees being the "Guarantee"). The Guarantee is a guarantee of payment and not of collection. Failing payment when due of any amount so guaranteed for whatever reason, the Guarantors shall be jointly and severally obligated to pay the same whether or no...
Amendment to Original Indenture. In order to modify a provision of the Original Indenture in a manner not adversely affecting the interests of the Holders of Securities of any series in any material respect, pursuant to Section 901(9) of the Original Indenture, the definition of "Company Request" or "
Amendment to Original Indenture. Each reference to the word “corporation” in Section 5.01(a) of the Original Indenture shall be deleted and replaced with the word “Person”.
Amendment to Original Indenture. The Original Indenture is hereby amended by deleting all references therein to “AAA Advance Rate” and replacing such references with “Advance Rate”.
Amendment to Original Indenture. 8 ARTICLE IV. MISCELLANEOUS.................................................. 8 SECTION 4.01. Execution as Supplemental Indenture............... 8 SECTION 4.02. Responsibility for Recitals, Etc.................. 9 SECTION 4.03. Provisions Binding on Successors.................. 9 SECTION 4.04. New York Contract................................. 9 SECTION 4.05. Counterparts...................................... 9 Schedule 1: FORM OF BOND Schedule 2: CERTAIN DEFINITIONS Schedule 3: CERTAIN LESSOR NOTES Exhibit A: SUPPLEMENTAL INDENTURE OF PLEDGE EXHIBIT D to Conformed Collateral Trust Indenture ================================================================================ FIRST PV FUNDING CORPORATION, PUBLIC SERVICE COMPANY OF NEW MEXICO and CHEMICAL BANK, as Trustee
Amendment to Original Indenture. As it applies to the Notes, Section 3.11 (Company Existence) of the Original Indenture is hereby amended to add the following sentence at the end of the existing paragraph: Notwithstanding anything in this Section 3.11, this Indenture or the Notes to the contrary, if the Company shall determine in the future to undertake a redomestication by conversion from a Delaware corporation to a corporation duly organized under the laws of a different jurisdiction in the United States pursuant to the Delaware General Corporation Law and any other relevant statute of such other jurisdiction, upon consummation of such redomestication by conversion, all references to the Company or F&G Annuities & Life, Inc. shall thereafter refer to F&G Annuities & Life, Inc., as incorporated in such other jurisdiction, which shall have continued in full force and effect the corporate existence of F&G Annuities & Life, Inc., the Delaware corporation, in accordance with such statute of such other jurisdiction and the Company shall thereafter continue to be obligated under this Indenture and the Notes.
Amendment to Original Indenture. Section 1. The first sentence of the first paragraph of Section 14.01 of the Original Indenture is amended to read as follows: "The Trustee shall at all times be a bank or trust company having a principal office and place of business in the Borough of Manhattan, The City of New York, if there be such a bank or trust company willing and able to accept the trust upon reasonable or customary terms, and shall at all times be a corporation organized and doing business under the laws of the United States or of any State, with a combined capital and surplus of at least One Hundred Million Dollars ($100,000,000), and rated in a rating category within investment grade by at least two nationally recognized rating agencies, and authorized under such laws to exercise corporate trust powers and subject to supervision or examination by Federal or State authority."
Section 2. Except as herein modified, the provisions of Section 14.01 of the Original Indenture are in all respects confirmed.
Amendment to Original Indenture. Upon the execution and delivery of this Supplemental Indenture, all references in the Original Indenture to the "Company" shall mean the Successor Obligor.
