Common use of Authorization of Bonds Clause in Contracts

Authorization of Bonds. The Company will authorize the issue and sale of (i) $30,000,000 aggregate principal amount of its First Mortgage Bonds, 3.73% Series due 2033 (the “3.73% Series Bonds”), and (ii) $120,000,000 aggregate principal amount of its First Mortgage Bonds, 4.32% Series due 2043 (the “4.32% Series Bonds,” and together with the 3.73% Series Bonds, the “Bonds”) to be issued under and secured by that certain Indenture of Mortgage and Deed of Trust, dated as of September 1, 1944 (the “Original Mortgage”), between the Company, The Bank of New York Mellon Trust Company, N.A. (the “Principal Trustee”) and UMB Bank & Trust, N.A (with the Principal Trustee, the “Trustees,” and individually, a “Trustee”), as to be amended and supplemented by the Thirty-Ninth Supplemental Indenture, dated as of the Closing (the “Supplemental Indenture”), and entitled to the benefits thereof. The Original Mortgage, as heretofore supplemented and amended including, without limitation, by the Supplemental Indenture, and as may be supplemented and amended in the future, is hereinafter referred to as the “Mortgage.” The Supplemental Indenture, including the forms of the Bonds of each series, shall be in the form set out in Exhibit 1. The Mortgage creates and will create a first mortgage Lien on and a first security interest in the property of the Company described therein as being subjected to the Lien thereof, subject to permitted encumbrances, prepaid liens and Prior liens (each as defined in the Mortgage), and except (i) excepted property (as defined in the Mortgage) and (ii) such property as may have been released from the Lien thereof in accordance with the terms thereof (such property which at such time is subject to the Lien of the Mortgage being hereinafter referred to as the “Mortgaged Property”). 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.

Appears in 1 contract

Samples: Bond Purchase Agreement (Empire District Electric Co)

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Authorization of Bonds. The Company will authorize the issue and sale of (i) $30,000,000 180,000,000 aggregate principal amount of its 5.75% First Mortgage Bonds, 3.73% Series 2023B, Tranche A due 2033 2029 (the “3.73% Series Tranche A Bonds”), and (ii) $120,000,000 105,000,000 aggregate principal amount of its 5.91% First Mortgage Bonds, 4.32% Series 2023B, Tranche B due 2043 2030 (the “4.32Tranche B Bonds”) and (iii) $185,000,000 aggregate principal amount of its 6.00% First Mortgage Bonds, Series 2023B, Tranche C due 2034 (the “Tranche C Bonds,” and together with the 3.73% Series Tranche A Bonds and the Tranche B Bonds, the “Bonds”) ). The Bonds are to be issued under and will be entitled to the benefit of and secured by that certain Amended and Restated Indenture of Mortgage and Deed of Trust, Trust dated as of September January 1, 1944 2023, as amended and supplemented by the First Supplemental Indenture dated as of March 15, 2023 (the “Original Amended and Restated Mortgage”), ) between the Company, The Company and Deutsche Bank of New York Mellon Trust Company Americas (formerly known as Bankers Trust Company, N.A. ) (the “Principal Trustee”) and UMB Bank & Trust, N.A (with the Principal Trustee, the “Trustees,” and individually, a “Trustee”), as to be amended and supplemented by a supplemental indenture relating to the Thirty-Ninth Supplemental Indenture, dated as of the Closing Bonds (the “Supplemental Indenture”), ) (such Amended and entitled Restated Mortgage as to the benefits thereof. The Original Mortgage, as heretofore be so further amended and supplemented and amended including, without limitation, by the Supplemental Indenture, and as may be supplemented and amended in the future, is Indenture being hereinafter referred to as the “Mortgage.” Indenture”). The Supplemental Indenture, including the forms of the Bonds of each series, Indenture shall be substantially in the form set out in Exhibit 1A hereto, with such changes therefrom, if any, as may be approved by the Purchasers and the Company. The Mortgage creates term “Bonds” shall include any such Bonds of the same series and will create a first mortgage Lien on tranche issued in substitution therefor pursuant to the terms and a first security interest provisions of the Indenture. The Bonds shall be substantially in the property of the Company described therein as being subjected to the Lien thereof, subject to permitted encumbrances, prepaid liens and Prior liens (each as defined respective forms set out in the Mortgage)Supplemental Indenture, and except (i) excepted property (as defined in the Mortgage) and (ii) with such property changes therefrom, if any, as may have been released from be approved by the Lien thereof in accordance with Purchasers and the terms thereof (such property which at such time is subject to the Lien of the Mortgage being hereinafter referred to as the “Mortgaged Property”)Company. Certain capitalized and other terms used herein shall have the meaning ascribed to such terms in this Agreement are the Indenture unless otherwise defined in Schedule BA to this Agreement or the context hereof shall otherwise require; and references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Bond Purchase Agreement (Centerpoint Energy Inc)

Authorization of Bonds. The Company (i) will authorize the issue and sale of $40,000,000 aggregate principal amount of its First Mortgage 5.89% Bonds, Series WW, due June 15, 2041 (ithe “Series WX Xxxxx”) and (ii) may from time to time authorize the issue and sale of one or more series of up to $30,000,000 60,000,000 additional aggregate principal amount of its First Mortgage Bonds, 3.73% Series due 2033 each of the series designated by the Company (the “3.73% Series Other Bonds”), and (ii) $120,000,000 aggregate principal amount of its First Mortgage Bonds, 4.32% Series due 2043 (the “4.32% Series Bonds,” and together with the 3.73% Series Bonds, the “Bonds”) to be issued in each case under and secured by that certain the Indenture of Mortgage and Deed of Trust, dated as of September October 1, 1944 1929 (hereinafter called the “Original MortgageIndenture”), between the CompanyCompany and the trustee named therein, The Bank as heretofore supplemented and amended by indentures supplemental thereto and amendatory thereof, including (A) the Forty-Fourth Supplemental Indenture dated as of New York Mellon Trust CompanyJune 15, N.A. 2004, entered into by the Company and the Trustee, which amended, supplemented and restated the Original Indenture and the prior supplemental indentures, (B) the Forty-Fifth Supplemental Indenture dated as of July 15, 2004, entered into by the Company and the Trustee, (C) the Forty-Sixth Supplemental Indenture dated as of May 1, 2008, entered into by the Company and the Trustee, (D) the Forty-Seventh Supplemental Indenture dated as of December 1, 2010, entered into by the Company and the Trustee, (E) a supplemental indenture to be entered into by the Company and the Trustee with respect to the Series WX Xxxxx, which shall be substantially in the form attached hereto as Exhibit A (the “Principal Trustee”) and UMB Bank & Trust, N.A (with the Principal Trustee, the “Trustees,” and individually, a “TrusteeForty-Eighth Supplemental Indenture”), as (F) a supplemental indenture to be amended and supplemented entered into by the Thirty-Ninth Supplemental IndentureCompany and the Trustee with respect to each series of Other Bonds, dated as of which shall be in a form acceptable to the Closing Purchasers in their sole discretion (the each, an Other Bonds Supplemental Indenture”), and entitled (G) a supplemental indenture to be entered into by the Company and the Trustee with respect to each other series of the Company’s First Mortgage . Bonds that the Company may issue and sell prior to the benefits thereofissue and sale of the Series WX Xxxxx or any series of Other Bonds. The Original MortgageSeries WX Xxxxx, as heretofore supplemented and amended including, without limitation, by which shall be issued pursuant to the Supplemental Indentureprovisions hereof, and as the Other Bonds, which may from time to time be supplemented and amended in issued pursuant to the futureprovisions hereof, is hereinafter are collectively referred to as the “MortgageBonds”. The Original Indenture as supplemented, amended and restated and further supplemented as described above is referred to herein as the “Indenture.” The Supplemental Indenture, including Indenture constitutes a direct mortgage lien upon the forms franchises of the Bonds Company and upon the properties therein described as intended to be mortgaged, subject only to the exceptions set forth in the granting clauses of each series, the Indenture and Permitted Encumbrances. The Series WX Xxxxx shall be substantially in the form set out forth in Exhibit 1. The Mortgage creates and will create a first mortgage Lien on and a first security interest in the property of the Company described therein as being subjected A to the Lien thereof, subject to permitted encumbrances, prepaid liens and Prior liens (each as defined Forty-Eighth Supplemental Indenture. Each series of Other Bonds shall be in the Mortgage), and except (i) excepted property (as defined in the Mortgage) and (ii) such property as may have been released from the Lien thereof in accordance with the terms thereof (such property which at such time is subject a form acceptable to the Lien of the Mortgage being hereinafter referred to as the “Mortgaged Property”)Purchasers in their sole discretion. Certain capitalized and other terms used in this Agreement are defined in Schedule B; Section 14. Any other capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Indenture. As used herein, the term “this Agreement” and references thereto shall mean this Agreement as it may from time to a “Schedule” time be amended or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.supplemented

Appears in 1 contract

Samples: Bond Purchase Agreement (Central Vermont Public Service Corp)

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Authorization of Bonds. The Company will authorize the issue and sale of (i) $30,000,000 100,000,000 aggregate principal amount of its 5.18% First Mortgage Bonds, 3.73% Series 2024A, Tranche A due 2033 2034 (the “3.73% Series 2024A Tranche A Bonds”), and (ii) $120,000,000 60,000,000 aggregate principal amount of its 5.28% First Mortgage Bonds, 4.32% Series 2024A, Tranche B due 2043 2036 (the “4.32% Series 2024A Tranche B Bonds,” and together with the 3.73Series 2024A Tranche A Bonds, the “Series 2024A Bonds”) and (iii) $165,000,000 aggregate principal amount of its 5.69% First Mortgage Bonds, Series 2025A, Tranche A due 2055 (the “Series 2025A Bonds” and together with the Series 2024A Bonds, the “Bonds”) ). The Bonds are to be issued under and will be entitled to the benefit of and secured by that certain Amended and Restated Indenture of Mortgage and Deed of Trust, Trust dated as of September January 1, 1944 2023, as amended and supplemented by the First Supplemental Indenture dated as of March 15, 2023 and the Second Supplemental Indenture dated as of October 13, 2023 (the “Original Amended and Restated Mortgage”), ) between the Company, The Company and Deutsche Bank of New York Mellon Trust Company Americas (formerly known as Bankers Trust Company, N.A. ) (the “Principal Trustee”) and UMB Bank & Trust, N.A (with the Principal Trustee, the “Trustees,” and individually, a “Trustee”), as to be amended and supplemented by a third supplemental indenture relating to the Thirty-Ninth Series 2024A Bonds (the “Third Supplemental Indenture”) and a fourth supplemental indenture relating to the Series 2025A Bonds (the “Fourth Supplemental Indenture” and, together with the Third Supplemental Indenture, dated as of the Closing (collectively, the “Supplemental Indenture”), ) (such Amended and entitled Restated Mortgage as to the benefits thereof. The Original Mortgage, as heretofore be so further amended and supplemented and amended including, without limitation, by the Third Supplemental Indenture, Indenture and as may be supplemented and amended in the future, is hereinafter referred to as the “Mortgage.” The Fourth Supplemental Indenture, including the forms of the Bonds of each series, shall be in the form set out in Exhibit 1. The Mortgage creates and will create a first mortgage Lien on and a first security interest in the property of the Company described therein as being subjected to the Lien thereof, subject to permitted encumbrances, prepaid liens and Prior liens (each as defined in the Mortgage), and except (i) excepted property (as defined in the Mortgage) and (ii) such property as may have been released from the Lien thereof in accordance with the terms thereof (such property which at such time is subject to the Lien of the Mortgage Indenture being hereinafter referred to as the “Mortgaged PropertyIndenture”). The Third Supplemental Indenture and the Fourth Supplemental Indenture shall be substantially in the forms set out in Exhibit A and Exhibit B hereto, respectively, with such changes therefrom, if any, as may be approved by the Purchasers and the Company. The term “Bonds” shall include any such Bonds of the same series and tranche issued in substitution therefor pursuant to the terms and provisions of the Indenture. The Bonds, as applicable, shall be substantially in the respective forms set out in the Third Supplemental Indenture and the Fourth Supplemental Indenture, respectively, with such changes therefrom, if any, as may be approved by the Purchasers and the Company. Certain capitalized and other terms used herein shall have the meaning ascribed to such terms in this Agreement are the Indenture unless otherwise defined in Schedule BA to this Agreement or the context hereof shall otherwise require; and references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Samples: Bond Purchase Agreement (Centerpoint Energy Inc)

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