Authorization of Bonds. The Company will authorize the issue and sale of (i) First Mortgage Bonds, 5.48% Series due August 1, 2053 (herein referred to as the “5.48% Series due August 1, 2053 Bonds”) in an aggregate principal amount of $175,000,000, to bear interest at the rate of 5.48% per annum, and to mature on August 1, 2053 and (ii) First Mortgage Bonds, 5.56% Series due August 1, 2061 (herein referred to as the “5.56% Series due August 1, 2061 Bonds”) in an aggregate principal amount of $50,000,000, to bear interest at the rate of 5.56% per annum, and to mature on August 1, 2061 (the 5.56% Series due August 1, 2061 Bonds and the 5.48% Series due August 1, 2053 Bonds are collectively referred to as the “Bonds” and such term includes any such bonds issued in substitution therefor). The Bonds will be issued under and secured by that certain Indenture of Mortgage dated as of January 1, 1941, from the Company (as successor by merger to the Philadelphia Suburban Water Company), as grantor, to The Bank of New York Mellon Trust Company, N.A., as successor trustee (the “Trustee”) (the “Original Indenture”), as previously amended and supplemented by sixty-one supplemental indentures and as further supplemented by the Sixty-second Supplemental Indenture dated as of July 27, 2023 and effective as of August 1, 2023 (such Sixty-second Supplemental Indenture being referred to herein as the “Supplement”) which will be substantially in the form attached hereto as Exhibit A, with such changes therein, if any, as shall be approved by the Purchasers and the Company. The Original Indenture, as supplemented and amended by the aforementioned sixty supplemental indentures and the Supplement, and as further supplemented or amended according to its terms, is hereinafter referred to as the “Indenture”. Certain capitalized and other terms used in this Agreement are defined in Schedule B; and references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement. Terms used herein but not defined herein shall have the meanings set forth in the Indenture.
Appears in 1 contract
Samples: Bond Purchase Agreement (Essential Utilities, Inc.)
Authorization of Bonds. The Company will authorize the issue and sale of (i) $60,000,000 aggregate principal amount of its First Mortgage Bonds, 5.485.30% Series due August 1SERIES DUE MARCH 15, 2053 2033 (herein referred to as the “5.485.30% Series due August 1, 2053 Bonds”) in an ), $340,000,000 aggregate principal amount of $175,000,000, to bear interest at the rate of 5.48% per annum, and to mature on August 1, 2053 and (ii) its First Mortgage Bonds, 5.565.45% Series due August 1SERIES DUE NOVEMBER 8, 2061 2033 (herein referred to as the “5.565.45% Series due August 1, 2061 Bonds”) in an ), $75,000,000 aggregate principal amount of $50,000,000its First Mortgage Bonds, to bear interest at the rate of 5.565.55% per annumSERIES DUE NOVEMBER 8, and to mature on August 1, 2061 2038 (the 5.56“5.55% Bonds”), $65,000,000 aggregate principal amount of its First Mortgage Bonds, 5.57% SERIES DUE MARCH 15, 2053 (the “5.57% Bonds”) and $110,000,000 aggregate principal amount of its First Mortgage Bonds, 5.72% Series due August 1NOVEMBER 8, 2061 2053 (the “5.72% Bonds” and, collectively with the 5.30% Bonds, the 5.45% Bonds, the 5.55% Bonds and the 5.485.57% Series due August 1Bonds, 2053 Bonds are collectively referred to as the “Bonds” and such term includes any such bonds issued in substitution therefor”). The Bonds will be issued under and in accordance with and secured by that certain Indenture the Mortgage and Deed of Mortgage Trust, dated as of January October 1, 19411943 (the “Mortgage and Deed of Trust”), from the Company (as successor by merger to the Philadelphia Suburban Water Company), as grantor, to The Bank of New York Mellon (as successor to The New York Trust Company, N.A.), as successor trustee (the “Trustee”) ), as amended and supplemented through the date hereof and as further amended and supplemented by the Supplemental Indenture, dated as of March 1, 2023 (the “Original Supplemental Indenture”), establishing the terms of the Bonds (the Mortgage and Deed of Trust, as previously so amended and supplemented by sixty-one supplemental indentures and as further supplemented by supplemented, being hereinafter called the Sixty-second “Mortgage”). The Supplemental Indenture dated as of July 27, 2023 and effective as of August 1, 2023 (such Sixty-second Supplemental Indenture being referred to herein as the “Supplement”) which will shall be substantially in the form attached hereto as set out in Exhibit AA hereto, with such changes thereintherefrom, if any, as shall may be approved by the Purchasers and the Company. The Original Indenture, as supplemented and amended by the aforementioned sixty supplemental indentures and the Supplement, and as further supplemented or amended according to its terms, is hereinafter referred to as the “Indenture”. Certain capitalized and other terms used in this Agreement are defined in Schedule B; and references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement. Terms used herein but not defined herein shall have the respective meanings set forth ascribed to such terms in the IndentureMortgage unless otherwise defined in Schedule B to this Agreement or the context hereof shall otherwise require.
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Samples: Bond Purchase Agreement (Delmarva Power & Light Co /De/)
Authorization of Bonds. The Company will authorize the issue and sale of (i) First Mortgage Bonds, 5.483.39% Series due August 1, 2053 2052 (herein referred to as the “5.483.39% Series due August 1, 2053 2052 Bonds”) in an aggregate principal amount of $175,000,00075,000,000, to bear interest at the rate of 5.483.39% per annum, and to mature on August January 1, 2053 2052 and (ii) First Mortgage Bonds, 5.563.41% Series due August 1, 2061 2053 (herein referred to as the “5.563.41% Series due August 1, 2061 2053 Bonds”) in an aggregate principal amount of $50,000,000, to bear interest at the rate of 5.563.41% per annum, and to mature on August January 1, 2061 2053 (the 5.563.39% Series due August 1, 2061 2052 Bonds and the 5.483.41% Series due August 1, 2053 Bonds are collectively referred to as the “Bonds” and such term includes any such bonds issued in substitution therefor). The Bonds will be issued under and secured by that certain Indenture of Mortgage dated as of January 1, 1941, from the Company (as successor by merger to the Philadelphia Suburban Water Company), as grantor, to The Bank of New York Mellon Trust Company, N.A., as successor trustee (the “Trustee”) (the “Original Indenture”), as previously amended and supplemented by sixtyfifty-one six supplemental indentures and as further supplemented by the SixtyFifty-second seventh Supplemental Indenture dated as of July 27, 2023 and effective as of August November 1, 2023 2019 (such SixtyFifty-second seventh Supplemental Indenture being referred to herein as the “Supplement”) which will be substantially in the form attached hereto as Exhibit A, with such changes therein, if any, as shall be approved by the Purchasers and the Company. The Original Indenture, as supplemented and amended by the aforementioned sixty fifty-six supplemental indentures and the Supplement, and as further supplemented or amended according to its terms, is hereinafter referred to as the “Indenture”. Certain capitalized and other terms used in this Agreement are defined in Schedule B; and references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement. Terms used herein but not defined herein shall have the meanings set forth in the Indenture.
Appears in 1 contract
Samples: Bond Purchase Agreement (Essential Utilities, Inc.)
Authorization of Bonds. The Company will authorize the issue and sale of (i) $85,000,000 aggregate principal amount of its First Mortgage Bonds, 5.485.30% Series due August 1March 15, 2053 2033 (herein referred to as the “5.485.30% Series due August 1, 2053 Bonds”) in an ), $100,000,000 aggregate principal amount of $175,000,000, to bear interest at the rate of 5.48% per annum, and to mature on August 1, 2053 and (ii) its First Mortgage Bonds, 5.565.35% Series due August 1September 13, 2061 2033 (herein referred to as the “5.565.35% Series due August 1, 2061 Bonds”) in an ), $40,000,000 aggregate principal amount of $50,000,000its First Mortgage Bonds, to bear interest at the rate of 5.56% per annum, and to mature on August 1, 2061 (the 5.565.40% Series due August 1March 15, 2061 2038 (the “5.40% Bonds”) and $125,000,000 aggregate principal amount of its First Mortgage Bonds, 5.57% Series due March 15, 2053 (the “5.57% Bonds” and, collectively with the 5.30% Bonds, the 5.35% Bonds and the 5.485.40% Series due August 1Bonds, 2053 Bonds are collectively referred to as the “Bonds” and such term includes any such bonds issued in substitution therefor”). The Bonds will be issued under and in accordance with and secured by that certain Indenture the Mortgage and Deed of Mortgage Trust, dated as of January July 1, 19411936 (the “Mortgage and Deed of Trust”), from the Company (as successor by merger to the Philadelphia Suburban Water Company), as grantor, to The Bank of New York Mellon Trust Company(as successor to The Xxxxx National Bank of Washington, N.A.D.C.), as successor trustee (the “Trustee”) ), as amended and supplemented through the date hereof and as further amended and supplemented by the Supplemental Indenture, dated as of March 1, 2023 (the “Original Supplemental Indenture”), establishing the terms of the Bonds (the Mortgage and Deed of Trust, as previously so amended and supplemented by sixty-one supplemental indentures and as further supplemented by supplemented, being hereinafter called the Sixty-second “Mortgage”). The Supplemental Indenture dated as of July 27, 2023 and effective as of August 1, 2023 (such Sixty-second Supplemental Indenture being referred to herein as the “Supplement”) which will shall be substantially in the form attached hereto as set out in Exhibit AA hereto, with such changes thereintherefrom, if any, as shall may be approved by the Purchasers and the Company. The Original Indenture, as supplemented and amended by the aforementioned sixty supplemental indentures and the Supplement, and as further supplemented or amended according to its terms, is hereinafter referred to as the “Indenture”. Certain capitalized and other terms used in this Agreement are defined in Schedule B; and references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement. Terms used herein but not defined herein shall have the respective meanings set forth ascribed to such terms in the IndentureMortgage unless otherwise defined in Schedule B to this Agreement or the context hereof shall otherwise require.
Appears in 1 contract
Samples: Bond Purchase Agreement (Delmarva Power & Light Co /De/)
Authorization of Bonds. The Company has authorized and will authorize the issue and sale create a series of (i) First Mortgage Bonds, 5.48% Series due August 1, 2053 (herein referred to as the “5.48% Series due August 1, 2053 Bonds”) its first mortgage bonds in an aggregate principal amount of $175,000,000, 145,000,000 (the “Series 2019A Bonds”) to bear interest at the rate of 5.48be issued in four Tranches as follows: (a) 2.84% per annum, and to mature on August 1, 2053 and (ii) First Mortgage Bonds, 5.56% Series 2019A-1, due August 1September 27, 2061 (herein referred to as 2029 in the “5.56% Series due August 1, 2061 Bonds”) in an aggregate principal amount of $50,000,00040,000,000 (the “Series 2019A-1 Bonds”); (b) 2.84% First Mortgage Bonds, to bear interest at Series 2019A-2, due October 29, 2029 in the rate aggregate principal amount of 5.56$35,000,000 (the “Series 2019A-2 Bonds”); (c) 2.94% per annumFirst Mortgage Bonds, Series 2019A-3, due November 26, 2031 in the aggregate principal amount of $25,000,000 (the “Series 2019A-3 Bonds”); and (d) 2.94% First Mortgage Bonds, Series 2019A-4, due December 27, 2031 in the aggregate principal amount of $45,000,000 (the “Series 2019A-4 Bonds”; and together with the Series 2019A-1 Bonds, the Series 2019A-2 Bonds, and to mature on August 1the Series 2019A-3 Bonds, 2061 (the 5.56% Series due August 1, 2061 Bonds and the 5.48% Series due August 1, 2053 Bonds are collectively referred to as the “Bonds” and such term includes any such bonds issued in substitution therefor”). The Bonds will be issued under and secured by that certain First Mortgage Indenture of Mortgage dated as of January 1July 2, 1941, from the Company (as successor by merger to the Philadelphia Suburban Water Company), as grantor, to The Bank of New York Mellon Trust Company, N.A., as successor trustee (the “Trustee”) 2018 (the “Original Indenture”), between the Company and Wilmington Trust, National Association, as previously amended and Trustee (the “Trustee”), as supplemented by sixty-one supplemental indentures the First Supplemental Indenture dated as of December 20, 2018 (the “First Supplement”) and as further supplemented by the Sixty-second that certain Second Supplemental Indenture dated as of July September 27, 2023 and effective as of August 1, 2023 2019 (such Sixty-second Second Supplemental Indenture being referred to herein as the “Second Supplement”) ), which will be substantially in the form attached hereto as Exhibit A, with such changes therein, if any, as shall be approved by the Purchasers and the Company. A. The Original Indenture, Indenture as supplemented so amended and amended by the aforementioned sixty supplemental indentures and the Supplementsupplemented, and as further supplemented or and amended according to its terms, is hereinafter referred to as herein called the “Indenture”.” A copy of the Original Indenture has been delivered to you. The Bonds shall be issuable in fully registered form only. The Series 2019A‑1 Bonds shall mature on September 27, 2029, shall bear interest at the rate of 2.84% per annum payable semiannually, on March 27 and September 27 of each year and at maturity, commencing on March 27, 2020, shall be subject to redemption as provided in the Indenture or this Agreement, and shall be in the form established pursuant to the Indenture. The Series 2019A‑2 Bonds shall mature on October 29, 2029, shall bear interest at the rate of 2.84% per annum payable semiannually, on April 29 and October 29 of each year and at maturity, commencing on April 29, 2020, shall be subject to redemption as provided in the Indenture or this Agreement, and shall be in the form established pursuant to the Indenture. The Series 2019A‑3 Bonds shall mature on November 26, 2031, shall bear interest at the rate of 2.94% per annum payable semiannually, on May 26 and November 26 of each year and at maturity, commencing on May 26, 2020, shall be subject to redemption as provided in the Indenture or this Agreement, and shall be in the form established pursuant to the Indenture. The Series 2019A‑4 Bonds shall mature on December 27, 2031, shall bear interest at the rate of 2.94% per annum payable semiannually, on June 27 and December 27 of each year and at maturity, commencing on June 27, 2020, shall be subject to redemption as provided in the Indenture or this Agreement, and shall be in the form established pursuant to the Indenture. As permitted by the Indenture, the Bonds originally issued to you thereunder shall be dated, and bear interest from, the date of their original issue on the date of the applicable Closing. Schedule B (to Bond Purchase Agreement) Certain capitalized and other terms used in this Agreement are defined in Schedule B; and references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement. Terms used herein but not defined herein shall have the meanings set forth in the Indenture.
Appears in 1 contract
Samples: Bond Purchase Agreement (South Jersey Industries Inc)
Authorization of Bonds. The Company will authorize the issue and sale of (i) First Mortgage Bonds, 5.483.99% Series due August 1, 2053 2042 (herein referred to as the “5.483.99% Series due August 1, 2053 2042 Bonds”) in an aggregate principal amount of $175,000,00025,000,000, to bear interest at the rate of 5.483.99% per annum, and to mature on August 1July 15, 2053 and 2042, (ii) First Mortgage Bonds, 5.564.04% Series due August 1, 2061 2045 (herein referred to as the “5.564.04% Series due August 1, 2061 2045 Bonds”) in an aggregate principal amount of $50,000,00010,000,000, to bear interest at the rate of 5.564.04% per annum, and to mature on August 1July 15, 2061 2045, and (the 5.56iii) First Mortgage Bonds, 4.09% Series due August 1, 2061 Bonds and 2048 (herein referred to as the 5.48“4.09% Series due August 12048 Bonds”) in an aggregate principal amount of $65,000,000, 2053 to bear interest at the rate of 4.09% per annum, and to mature on July 15, 2048 (the 3.99% Series due 2042 Bonds, the 4.04% Series due 2045 Bonds, and the 4.09% Series due 2048 Bonds are collectively referred to as the “Bonds” and such term includes any such bonds issued in substitution therefor). The Bonds will be issued under and secured by that certain Indenture of Mortgage dated as of January 1, 1941, from the Company (as successor by merger to the Philadelphia Suburban Water Company), as grantor, to The Bank of New York Mellon Trust Company, N.A., as successor trustee (the “Trustee”) (the “Original Indenture”), as previously amended and supplemented by sixtyfifty-one two supplemental indentures and as further supplemented by the SixtyFifty-second third Supplemental Indenture dated as of July 27, 2023 and effective as of August June 1, 2023 2018 (such SixtyFifty-second third Supplemental Indenture being referred to herein as the “Supplement”) which will be substantially in the form attached hereto as Exhibit A, with such changes therein, if any, as shall be approved by the Purchasers and the Company. The Original Indenture, as supplemented and amended by the aforementioned sixty fifty-two supplemental indentures and the Supplement, and as further supplemented or amended according to its terms, is hereinafter referred to as the “Indenture”. Certain capitalized and other terms used in this Agreement are defined in Schedule B; and references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement. Terms used herein but not defined herein shall have the meanings set forth in the Indenture.and
Appears in 1 contract
Authorization of Bonds. The Company will authorize the issue and sale of (i) First Mortgage Bonds, 5.484.44% Series due August 12047 (herein referred to as the “4.44% Series due 2047 Bonds”) in an aggregate principal amount of $65,000,000, to bear interest at the rate of 4.44% per annum, and to mature on November 15, 2047, (ii) First Mortgage Bonds, 4.49% Series due 2052 (herein referred to as the “4.49% Series due 2052 Bonds”) in an aggregate principal amount of $30,000,000, to bear interest at the rate of 4.49% per annum, and to mature on November 15, 2052, and (iii) First Mortgage Bonds, 4.51% Series due 2053 (herein referred to as the “5.484.51% Series due August 1, 2053 Bonds”) in an aggregate principal amount of $175,000,00030,000,000, to bear interest at the rate of 5.484.51% per annum, and to mature on August 1November 15, 2053 and (ii) First Mortgage Bonds, 5.56the 4.44% Series due August 12047 Bonds, 2061 (herein referred to as the “5.564.49% Series due August 1, 2061 2052 Bonds”) in an aggregate principal amount of $50,000,000, to bear interest at the rate of 5.56% per annum, and to mature on August 1, 2061 (the 5.564.51% Series due August 1, 2061 Bonds and the 5.48% Series due August 1, 2053 Bonds are collectively referred to as the “Bonds” and such term includes any such bonds issued in substitution therefor). The Bonds will be issued under and secured by that certain Indenture of Mortgage dated as of January 1, 1941, from the Company (as successor by merger to the Philadelphia Suburban Water Company), as grantor, to The Bank of New York Mellon Trust Company, N.A., as successor trustee (the “Trustee”) (the “Original Indenture”), as previously amended and supplemented by sixtyfifty-one three supplemental indentures and as further supplemented by the SixtyFifty-second fourth Supplemental Indenture dated as of July 27October 15, 2023 and effective as of August 1, 2023 2018 (such SixtyFifty-second fourth Supplemental Indenture being referred to herein as the “Supplement”) which will be substantially in the form attached hereto as Exhibit A, with such changes therein, if any, as shall be approved by the Purchasers and the Company. The Original Indenture, as supplemented and amended by the aforementioned sixty fifty-three supplemental indentures and the Supplement, and as further supplemented or amended according to its terms, is hereinafter referred to as the “Indenture”. Certain capitalized and other terms used in this Agreement are defined in Schedule B; and references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement. Terms used herein but not defined herein shall have the meanings set forth in the Indenture.the
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