Description of Bonds. The Bonds shall be issued under and pursuant to the Company's Mortgage and Deed of Trust, dated as of April 1, 1944, with The Bank of New York Mellon (successor to Xxxxxx Trust Company of New York), as Corporate Trustee, and Xxxxxxx X. Xxxxxxxxx (successor to Xxxx X. XxXxxxxxxx), as Co-Trustee (the "Co-Trustee and, together with the Corporate Trustee, the "Trustees"), as heretofore amended and supplemented by all indentures amendatory thereof and supplemental thereto, and as it will be further amended and supplemented by the [ ] Supplemental Indenture, dated as of [ ], 20[ ] (the "Supplemental Indenture"). Said Mortgage and Deed of Trust as so amended and supplemented is hereinafter referred to as the "Mortgage." The Bonds and the Supplemental Indenture shall have the terms and provisions described in the Disclosure Package (as defined herein), provided that subsequent to the date hereof and prior to the Closing Date (as defined herein) the form of the Supplemental Indenture may be amended by mutual agreement between the Company and the Underwriters.
Description of Bonds. The Company will authorize the issue and sale of $35,000,000 aggregate principal amount of its First Mortgage Bonds, 3.99% Series, due December 19, 2028 and $15,000,000 aggregate principal amount of its First Mortgage Bonds, 4.85% Series, due December 19, 2043 (collectively, the “Bonds”). The Bonds will be issued under and secured by a Mortgage and Deed of Trust dated as of October 1, 1945 (the “Original Indenture”) by and among the Company (as successor to NorthWestern Energy, L.L.C., in turn successor to The Montana Power Company) and the Bank of New York Mellon (formerly The Bank of New York) (as successor to Guaranty Trust Company of New York), as corporate trustee (hereinafter called the “Corporate Trustee”), Xxxxxx X. Xxxxxx or his successor (as indirect successor to Xxxxxx X. Xxxxx), (Xxxxxx X. Xxxxxx or his successor being hereinafter sometimes called the “Co-Trustee”; and the Corporate Trustee and the Co-Trustee being hereinafter together sometimes called the “Trustees”), which Original Indenture was executed and delivered to secure the payment of Bonds issued or to be issued under and in accordance with the provisions of the Original Indenture pursuant to the Thirty-First Supplemental Indenture dated as of December 1, 2013 (the “Thirty-First Supplemental Indenture,” the Original Indenture together with all supplements and amendments thereto, including the Thirty-First Supplemental Indenture being hereinafter collectively referred to as the “Indenture”) which Thirty-First Supplemental Indenture 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. 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.
Description of Bonds. The Bonds and the Trust Indenture shall have the terms and provisions described in the Offering Memorandum, provided that subsequent to the date hereof and prior to the Closing Date (as defined herein) the form of the Trust Indenture may be amended by mutual agreement among the Funding Corporation, the Company and the Initial Purchasers.
Description of Bonds a. The Bonds shall be issuable only in registered form without coupons, and, upon original subscription, in such minimum denomination as may be set forth in the applicable Supplement. Bonds shall be numbered and lettered in such manner as shall be satisfactory to the State.
Description of Bonds. The Bonds [of each series] will be a series of First Mortgage Bonds issued by FPL under its Mortgage and Deed of Trust, dated as of January 1, 1944, to Deutsche Bank Trust Company Americas (formerly known as Bankers Trust Company), as Trustee (the “Mortgage Trustee”), and The Florida National Bank of Jacksonville (now resigned), as heretofore supplemented and as it will be further supplemented by a supplemental indenture relating to the Bonds (the “Supplemental Indenture”) in substantially the form heretofore delivered to the Representatives. Such Mortgage and Deed of Trust as it has been and will be so supplemented is hereinafter called the “Mortgage.”
Description of Bonds. The Bonds shall be issued under and pursuant to the Company’s Mortgage and Deed of Trust, dated as of February 1, 1988, with The Bank of New York Mellon, successor trustee (the “Trustee”), as heretofore amended and supplemented by all indentures amendatory thereof and supplemental thereto, and as it will be further amended and supplemented by the [____] Supplemental Indenture, dated as of [________], 20[__] (the “Supplemental Indenture”). Said Mortgage and Deed of Trust as so amended and supplemented is hereinafter referred to as the “Mortgage.” The Bonds and the Supplemental Indenture shall have the terms and provisions described in the Disclosure Package (as defined herein).
Description of Bonds. The Issuer proposes to issue Niagara Area Development Corporation (New York) Solid Waste Disposal Facility Refunding Revenue Bonds (Covanta Project), Series 2018A (AMT) in the aggregate principal amount of $130,000,000 (the “Series 2018A Bonds”) and Niagara Area Development Corporation (New York) Solid Waste Disposal Facility Refunding Revenue Bonds (Covanta Project), Series 2018B (Non-AMT) in the aggregate principal amount of $35,010,000 (the “Series 2018B Bonds” and, collectively with the Series 2018A Bonds, the “Bonds”) pursuant to the Indenture of Trust, dated as of September 1, 2018 (the “Indenture”) between the Issuer and Xxxxx Fargo Bank, National Association, as trustee (the “Trustee”). The Bonds will be dated the date of delivery, will mature on the maturity dates, will bear interest at the Term Interest Rates and will be subject to mandatory tender for purchase on the Mandatory Tender Dates, all as set forth on Schedule I attached hereto and as set forth in the Indenture, and further will be subject to redemption as set forth in the Indenture. The Bonds are being issued pursuant to the authority of Section 1411 of the Not-for-Profit Corporations Law of the State of New York (the “State”), as from time to time amended and supplemented (the “Act”), and (ii) a bond resolution of the Issuer duly adopted on August 8, 2018 (the “Authorizing Resolution”). The Bonds are being issued by the Issuer to refund certain series of outstanding bonds previously issued by the Issuer for the benefit of the Company, as described in the hereinafter defined Loan Agreement (collectively, the “Project”). Pursuant to the Loan Agreement, dated as of September 1, 2018 (the “Loan Agreement”), between the Issuer and the Company, the Company will covenant with the Issuer to make loan repayments equal to the principal and purchase price of, premium, if any, and interest on the Bonds, and pursuant to the Indenture, the Issuer will pledge and assign to the Trustee all of the Issuer’s right, title and interest in and to the Loan Agreement (with certain specified exceptions). The Issuer and the Company will enter into the Tax Certificate and Agreement, dated as of the hereinafter defined Closing Date (the “Tax Agreement”). The Company will enter into a Continuing Disclosure Agreement (the “Continuing Disclosure Agreement”) to be dated the Closing Date (as defined below), to provide continuing disclosure of annual financial information and notices of the occurrence of specified eve...
Description of Bonds. The Bonds shall be issued under and pursuant to the Company's Mortgage and Deed of Trust, dated as of February 1, 1988, with The Bank of New York (successor to Bank of Montreal Trust Company), as Corporate Trustee (the "Corporate Trustee"), and Xxxxxxx X. Xxxxxxxxx (successor to Z. Xxxxxx Xxxxxxxxx), as Co-Trustee (the "Co- Trustee" and, together with the Corporate Trustee, the "Trustees"), as heretofore amended and supplemented by all indentures amendatory thereof and supplemental thereto, and as it will be further amended and supplemented by the Seventeenth Supplemental Indenture, dated as of October 1, 2002 (the "Supplemental Indenture"). Said Mortgage and Deed of Trust as so amended and supplemented is hereinafter referred to as the "Mortgage." The Bonds and the Supplemental Indenture shall have the terms and provisions described in the Prospectus (as defined herein), provided that subsequent to the date hereof and prior to the Closing Date (as defined herein) the form of the Supplemental Indenture may be amended by mutual agreement between the Company and the Underwriters. Payment of principal of and interest on the Bonds when due will be insured by a financial guaranty insurance policy in substantially the form of Appendix A to the Prospectus (the "Financial Guaranty Insurance Policy") to be issued by Ambac Assurance Corporation (the "Insurer") simultaneously with the delivery of the Bonds.
Description of Bonds. The Bonds shall be issued under and pursuant to the Company's Mortgage and Deed of Trust, dated as of February 1, 1988, with Bank of Montreal Trust Company, as Corporate Trustee, and Xxxx X. XxXxxxxxxx (successor to Z. Xxxxxx Xxxxxxxxx), as Co-Trustee (the Co-Trustee, together with the Corporate Trustee, are hereinafter called the "Trustees"), as supplemented and as it will be further supplemented by the _______ Supplemental Indenture, dated as of ____________ ____, ______ (the "Supplemental Indenture"). Said Mortgage and Deed of Trust, as supplemented and as it will be further supplemented by the Supplemental Indenture, is hereinafter referred to as the "Mortgage." The Bonds and the Supplemental Indenture shall have the terms and provisions described in the Prospectus hereinafter referred to, provided that subsequent to the date hereof and prior to the Closing Date (as defined herein) the form of the Supplemental Indenture may be amended by mutual agreement between the Company and the Underwriters.
Description of Bonds. The Bonds shall be issued under and pursuant to the Company's Indenture of Mortgage, dated September 1, 1926, with The Chase Manhattan Bank (formerly known as Chemical Bank), as trustee (the "Trustee"), as heretofore amended and supplemented by all indentures amendatory thereof and supplemental thereto, and as it will be further amended and supplemented by the Fifty-ninth Supplemental Indenture, dated as of June 1, 2000 (the "Supplemental Indenture"). Said Indenture of Mortgage as so amended and supplemented is hereinafter referred to as the "Mortgage." The Bonds and the Supplemental Indenture shall have the terms and provisions described in the Offering Circular provided that subsequent to the date hereof and prior to the Closing Date (as defined herein) the form of the Supplemental Indenture may be amended by mutual agreement between the Company and you.
