DIVIDEND COVENANT. Section 2. Section 3 of the Third Supplemental Indenture, as heretofore amended, is hereby further amended by inserting the words “or One Hundred Twenty-First Series” immediately before the words “remain Outstanding”.
DIVIDEND COVENANT. SECTION 2. The Company covenants that, so long as any of the bonds of the Sixty-second Series are Outstanding, it will not declare any dividends on its Common Stock (other than (a) a dividend payable solely in shares of its Common Stock, or (b) a dividend payable in cash in cases where, concurrently with the payment of such dividend, an amount in cash equal to such dividend is received by the Company as a capital contribution or as the proceeds of the issue and sale of shares of its Common Stock) or make any distribution on outstanding shares of its Common Stock or purchase or otherwise acquire for value any outstanding shares of its Common Stock (otherwise than in exchange for or out of the proceeds from the sale of other shares of its Common Stock) if, after such dividend, distribution, purchase or acquisition, the aggregate amount of such dividends, distributions, purchases and acquisitions paid or made subsequent to February 28, 2002 (other than any dividend declared by the Company on or before February 28, 2002 for payment on or before April 1, 2002 exceeds (without giving effect to (i) any of such dividends, distributions, purchases or acquisitions, or (ii) any net transfers from earned surplus to stated capital accounts) the sum of (a) the aggregate amount credited subsequent to February 28, 2002, to earned surplus, (b) $345,000,000 and (c) such additional amounts as shall be authorized or approved, upon application by the Company, by the Securities and Exchange Commission, or by any successor commission thereto, under the Public Utility Holding Company Act of 1935. For the purposes of this Section 2, the aggregate amount credited subsequent to February 28, 2002, to earned surplus shall be determined in accordance with generally accepted accounting principles and practices after making provision for dividends upon any preferred stock of the Company accumulated subsequent to such date, but in such determination there shall not be considered charges to earned surplus applicable to the period prior to March 1, 2002 including, but not limited to, charges to earned surplus for write-offs or write-downs of book values of assets owned by the Company on February 28, 2002.
DIVIDEND COVENANT. Section 2. Section 3 of the Third Supplemental Indenture, as heretofore amended, is hereby further amended by inserting the words "or One Hundred Second Series" immediately before the words "remain Outstanding".
DIVIDEND COVENANT. SECTION 2. The Company covenants and agrees that the provisions of subdivision (III) of Section 39 of the Mortgage, which are to remain in effect so long as any of the bonds of the First Series shall remain Outstanding, shall remain in full force and effect so long as any bonds of the First through Series shall remain Outstanding. ---------- [ARTICLE III AMENDMENT TO THE MORTGAGE NUCLEAR FUEL
DIVIDEND COVENANT. SECTION 4. The Company covenants and agrees that, so long as any of the bonds of the Seventieth Series remain Outstanding, the Company will not declare or pay any dividends upon its common stock (other than dividends in common stock) or make any other distributions on its common stock or purchase or otherwise retire any shares of its common stock, unless immediately after such declaration, payment, purchase, retirement or distribution (hereinafter in this Section referred to as "Restricted Payments"), and giving effect thereto, the amount arrived at by adding
DIVIDEND COVENANT. SECTION 2. Section 3 of the Third Supplemental Indenture, as heretofore amended, is hereby further amended by inserting the words "or Series" immediately ------------------- before the words "remain Outstanding".
DIVIDEND COVENANT. Section 2.01 The Company hereby covenants and agrees with the Trustee and with the respective bearers and owners of Series B Bonds that so long as any of the Series B Bonds shall be outstanding, the Company will not on or after October 1, 1954, declare or pay a dividend upon its capital stock (other than a dividend payable in shares of its capital stock) or make any other distribution on any shares of its capital stock, or purchase any shares of its capital stock in an amount or amounts exceeding the Dividend Fund hereinafter described, as constituted at the time of the declaration or payment of such dividend or distribution or at the time of such purchase. The Dividend Fund shall be computed by adding to
DIVIDEND COVENANT. The Purchaser hereby agrees that it shall not declare or pay or set aside for payment a dividend on the outstanding shares of Dividend Junior Stock without the prior consent or agreement of the holders of at least a majority of the shares of Series B Preferred Stock then outstanding.” Section 9.
DIVIDEND COVENANT. Section 2.01. The Company hereby covenants and agrees with the Trustee and with the respective owners of Series F Bonds that so long as any of the Series F Bonds shall be Outstanding the Company will not on or after January 1, 1967, declare or pay any dividends or make any other distributions (except (a) dividends payable or distributions made in shares of common stock of the Company and (b) dividends payable in cash when, concurrently with the payment of the dividend, an amount of cash equal to the dividend is received by the Company as a capital contribution or as the proceeds of the issue and sale of its common stock) on or in respect of its common stock or purchase or otherwise acquire for a consideration any shares of its common stock if the aggregate of such dividends, distributions and such consideration for purchase or other acquisition of shares of its common stock after December 31, 1966 shall exceed:
DIVIDEND COVENANT. SECTION 2. Section 3 of the Third Supplemental Indenture, as heretofore amended, is hereby further amended by inserting the words “or Series” immediately before the words “remain Outstanding”. ***** These or other redemption provisions or other terms and conditions relating to the series of First Mortgage Bonds may be inserted here.
