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.
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Samples: Northwestern Corp
Description of Bonds. The Company will authorize the issue and sale of $35,000,000 250,000,000 aggregate principal amount of its First Mortgage Bonds, 3.994.03% Series, due December 19November 6, 2028 and $15,000,000 aggregate principal amount of its First Mortgage Bonds, 4.85% Series, due December 19, 2043 2047 (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. Xxxxx Xxxxxx or his her successor (as indirect successor to Xxxxxx X. Xxxxx), (Xxxxxx X. Xxxxx Xxxxxx or his her 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 Thirty‑Seventh Supplemental Indenture dated as of December November 1, 2013 2017 (the “Thirty-First Thirty‑Seventh Supplemental Indenture,” the Original Indenture together with all supplements and amendments thereto, including the Thirty-First Thirty‑Seventh Supplemental Indenture being hereinafter collectively referred to as the “Indenture”) which Thirty-First Thirty‑Seventh 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.
Appears in 1 contract
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 shall be issued under and secured pursuant to the Company's Indenture of Mortgage, dated September 1, 1926, with JPMorgan Chase Bank (formerly known as The Chase Manhattan Bank), as trustee (the "Trustee"), as heretofore amended and supplemented by a Mortgage all indentures amendatory thereof and Deed of Trust supplemental thereto, and as it will be further amended and supplemented by the Sixty-third Supplemental Indenture, dated as of October June 1, 1945 2003 (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 "). Said Indenture together with all supplements of Mortgage as so amended and amendments thereto, including the Thirty-First Supplemental Indenture being supplemented is hereinafter collectively referred to as the “Indenture”) which Thirty-First "Mortgage." The Bonds and the Supplemental 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 Supplemental Indenture may be amended by mutual agreement between the Company and the Initial Purchasers. Holders of the Bonds will be substantially in entitled to the form attached hereto benefits of a Registration Rights Agreement (the "Registration Rights Agreement") to be dated as Exhibit A, with such changes therein, if any, as shall be approved by of the Purchasers Closing Date between the Company and the Company. Certain capitalized Initial Purchasers, pursuant to which the Company will agree pursuant to the terms thereof to file with the Commission (i) a registration statement under the Securities Act registering an issue of first mortgage bonds of the Company which are identical in all material respects to the Bonds (except that such exchange first mortgage bonds will not contain terms with respect to transfer restrictions or additional interest) and other terms used in this Agreement are defined in Schedule B; and references (ii) under certain circumstances, a shelf registration statement pursuant to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this AgreementRule 415 under the Securities Act.
Appears in 1 contract
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 shall be issued under and secured pursuant to the Company,s Indenture of Mortgage, dated September 1, 1926, with JPMorgan Chase Bank (formerly known as The Chase Manhattan Bank), as trustee (the "Trustee"), as heretofore amended and supplemented by a Mortgage all indentures amendatory thereof and Deed of Trust supplemental thereto, and as it will be further amended and supplemented by the Sixty-sixth Supplemental Indenture, dated as of October July 1, 1945 2003 (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 "). Said Indenture together with all supplements of Mortgage as so amended and amendments thereto, including the Thirty-First Supplemental Indenture being supplemented is hereinafter collectively referred to as the “Indenture”) which Thirty-First "Mortgage." The Bonds and the Supplemental 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 Supplemental Indenture may be amended by mutual agreement between the Company and the Initial Purchasers. Holders of the Bonds will be substantially in entitled to the form attached hereto benefits of a Registration Rights Agreement (the "Registration Rights Agreement") to be dated as Exhibit A, with such changes therein, if any, as shall be approved by of the Purchasers Closing Date between the Company and the Company. Certain capitalized Initial Purchasers, pursuant to which the Company will agree pursuant to the terms thereof to file with the Commission (i) a registration statement under the Securities Act registering an issue of first mortgage bonds of the Company which are identical in all material respects to the Bonds (except that such exchange first mortgage bonds will not contain terms with respect to transfer restrictions or additional interest) and other terms used in this Agreement are defined in Schedule B; and references (ii) under certain circumstances, a shelf registration statement pursuant to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this AgreementRule 415 under the Securities Act.
Appears in 1 contract
Description of Bonds. The Company will authorize the issue and sale of $35,000,000 55,000,000 aggregate principal amount of its First Mortgage Bonds, 3.995.71% SeriesSeries due October 15, due December 19, 2028 and $15,000,000 aggregate principal amount of its First Mortgage Bonds, 4.85% Series, due December 19, 2043 2039 (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 Xxxx Xxxx (as indirect successor to Xxxxxx X. Xxxxx), (Xxxxxx X. Xxxxxx or his successor Xxxx Xxxx being hereinafter sometimes called the “Co-Trustee”; and 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 ThirtyTwenty-First Eighth Supplemental Indenture dated as of December 1, 2013 (the “ThirtyTwenty-First Eighth Supplemental Indenture,” ”, the Original Indenture together with all supplements and amendments thereto, including the ThirtyTwenty-First Eighth Supplemental Indenture being hereinafter collectively referred to as the “Indenture”) which ThirtyTwenty-First Eighth 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.
Appears in 1 contract
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 shall be issued under and secured pursuant to the Company's Indenture of Mortgage, dated September 1, 1926, with JPMorgan Chase Bank (formerly known as The Chase Manhattan Bank), as trustee (the "Trustee"), as heretofore amended and supplemented by a Mortgage all indentures amendatory thereof and Deed of Trust supplemental thereto, and as it will be further amended and supplemented by the Sixty-fifth Supplemental Indenture, dated as of October July 1, 1945 2003 (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 "). Said Indenture together with all supplements of Mortgage as so amended and amendments thereto, including the Thirty-First Supplemental Indenture being supplemented is hereinafter collectively referred to as the “Indenture”) which Thirty-First "Mortgage." The Bonds and the Supplemental 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 Supplemental Indenture may be amended by mutual agreement between the Company and the Initial Purchasers. Holders of the Bonds will be substantially in entitled to the form attached hereto benefits of a Registration Rights Agreement (the "Registration Rights Agreement") to be dated as Exhibit A, with such changes therein, if any, as shall be approved by of the Purchasers Closing Date between the Company and the Company. Certain capitalized Initial Purchasers, pursuant to which the Company will agree pursuant to the terms thereof to file with the Commission (i) a registration statement under the Securities Act registering an issue of first mortgage bonds of the Company which are identical in all material respects to the Bonds (except that such exchange first mortgage bonds will not contain terms with respect to transfer restrictions or additional interest) and other terms used in this Agreement are defined in Schedule B; and references (ii) under certain circumstances, a shelf registration statement pursuant to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this AgreementRule 415 under the Securities Act.
Appears in 1 contract
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 shall be issued under and secured pursuant to the Company's Indenture of Mortgage, dated September 1, 1926, with JPMorgan Chase Bank (formerly known as The Chase Manhattan Bank), as trustee (the "Trustee"), as heretofore amended and supplemented by a Mortgage all indentures amendatory thereof and Deed of Trust supplemental thereto, and as it will be further amended and supplemented by the Sixty-first Supplemental Indenture, dated as of October November 1, 1945 2002 (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 "). Said Indenture together with all supplements of Mortgage as so amended and amendments thereto, including the Thirty-First Supplemental Indenture being supplemented is hereinafter collectively referred to as the “Indenture”) which Thirty-First "Mortgage." The Bonds and the Supplemental 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 Supplemental Indenture may be amended by mutual agreement between the Company and the Initial Purchasers. Holders of the Bonds will be substantially in entitled to the form attached hereto as Exhibit A, with such changes therein, if any, as shall benefits of a Registration Rights Agreement (the "Registration Rights Agreement") to be approved by dated the Purchasers Closing Date between the Company and the Company. Certain capitalized Initial Purchasers, pursuant to which the Company will agree pursuant to the terms thereof to file with the Commission (i) a registration statement under the Securities Act registering an issue of first mortgage bonds of the Company which are identical in all material respects to the Bonds (except that such exchange first mortgage bonds will not contain terms with respect to transfer restrictions or additional interest) and other terms used in this Agreement are defined in Schedule B; and references (ii) under certain circumstances, a shelf registration statement pursuant to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this AgreementRule 415 under the Securities Act.
Appears in 1 contract
Samples: Entergy Gulf States Inc