Common use of Security for the Bonds Clause in Contracts

Security for the Bonds. The Bonds are to be issued under and secured by that certain Indenture dated as of September 1, 1945 between the Company and The Bank of New York Mellon (ultimate successor to City Bank Farmers Trust Company), as trustee (the “Trustee”), as supplemented and amended by various supplemental indentures and as to be supplemented by a supplemental indenture, to be dated as of the Closing Date (the “Supplemental Indenture”), which will be substantially in the form attached to this Agreement as Schedule 2.2, establishing the terms of the Bonds (as so supplemented, the “Indenture”). The Bonds shall be substantially in the form set out in Schedule 2.2. The Bonds will be dated the Closing Date, will bear interest from and including the Closing Date and will be in denominations of $100,000 or any integral multiple of $1,000 in excess thereof. Interest on the Bonds will be computed on the basis of a 360-day year consisting of twelve 30-day months. The 2026 Bonds will bear interest at a rate of 5.24% per year, payable semi-annually in arrears on May 15 and November 15 of each year, commencing on November 15, 2023, and at the date of maturity. The 2029 Bonds will bear interest at a rate of 5.07% per year, payable semi-annually in arrears on May 15 and November 15 of each year, commencing on November 15, 2023, and at the date of maturity. The 2032 Bonds will bear interest at a rate of 5.17% per year, payable semi-annually in arrears on May 15 and November 15 of each year, commencing on November 15, 2023, and at the date of maturity. The 2037 Bonds will bear interest at a rate of 5.38% per year, payable semi-annually in arrears on May 15 and November 15 of each year, commencing on November 15, 2023, and at the date of maturity. The Bonds will bear interest on overdue principal and (to the extent permitted by law) overdue installments of interest at the rate set forth in the Indenture. The 2026 Bonds will mature on May 15, 2026, the 2029 Bonds will mature on May 15, 2029, the 2032 Bonds will mature on May 15, 2032, and the 2037 Bonds will mature on May 15, 2037. The Indenture creates and will create a direct first Lien on and a first security interest in the property and property rights of the Company described in the Indenture as being subjected to the Lien of the Indenture (subject to such exceptions as are permitted under the Indenture), except such property and property rights as may have been released from the Lien of the Indenture in accordance with the terms of the Indenture.

Appears in 1 contract

Samples: Agreement (CMS Energy Corp)

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Security for the Bonds. The Bonds are to will be issued under and will be entitled to the benefit of and secured by that certain Restated Indenture of Mortgage, Deed of Trust, Security Agreement and Financing Statement dated as of November 20, 2007 (the “Restated Indenture”) between the Company and Xxxxx Fargo Bank, National Association (the “Indenture Trustee”), as amended by that First Supplemental Indenture dated as of September 13, 1945 between the Company and The Bank of New York Mellon (ultimate successor to City Bank Farmers Trust Company), as trustee 2009 (the “TrusteeFirst Supplemental Indenture), as supplemented and amended by various supplemental indentures ) and as to be supplemented and amended by a supplemental indenture, Second Supplemental Indenture to be dated as of the Closing Date October 1, 2014 (the “Second Supplemental Indenture”), which will be substantially in the form attached hereto as Exhibit 2.2. The Restated Indenture, as supplemented by the First Supplemental Indenture and the Second Supplemental Indenture, is hereinafter referred to this Agreement as Schedule 2.2, establishing the terms of the Bonds (as so supplemented, the “Indenture”). .” The Bonds shall will be substantially in the form set out forth in Schedule 2.2. The Bonds the Second Supplemental Indenture and will be dated the Closing Datedate of issuance thereof, will bear interest from and including the Closing Date and will be in denominations the amount of $100,000 or any integral a multiple of $1,000 in excess thereof, will bear interest on the unpaid principal amount thereof from the date of the Bonds at the rate of 4.53% per annum, payable semiannually on the twentieth day of each April and October in each year, commencing on April 20, 2015, until the principal amount thereof becomes due and payable, and will bear interest on overdue principal (including any optional prepayment of principal) and Make‑Whole Amount, if any, and (to the extent legally enforceable) on any overdue installment of interest at the Overdue Rate, whether by acceleration or otherwise, until paid, and will be expressed to mature on October 20, 2044. Interest on the Bonds will be computed on the basis of a 360-day 360‑day year consisting of twelve 30-day 30‑day months. The 2026 Bonds will bear interest at a rate of 5.24% per year, payable semi-annually in arrears on May 15 and November 15 of each year, commencing on November 15, 2023, and at the date of maturity. The 2029 Bonds will bear interest at a rate of 5.07% per year, payable semi-annually in arrears on May 15 and November 15 of each year, commencing on November 15, 2023, and at the date of maturity. The 2032 Bonds will bear interest at a rate of 5.17% per year, payable semi-annually in arrears on May 15 and November 15 of each year, commencing on November 15, 2023, and at the date of maturity. The 2037 Bonds will bear interest at a rate of 5.38% per year, payable semi-annually in arrears on May 15 and November 15 of each year, commencing on November 15, 2023, and at the date of maturity. The Bonds will bear interest on overdue principal and (to the extent permitted by law) overdue installments of interest at the rate set forth in the Indenture. The 2026 Bonds will mature on May 15, 2026, the 2029 Bonds will mature on May 15, 2029, the 2032 Bonds will mature on May 15, 2032, and the 2037 Bonds will mature on May 15, 2037. The Indenture creates and will create a direct first mortgage Lien on and a first security interest in the property and property rights of the Company described in the Indenture therein as being subjected to the Lien of the Indenture thereof (subject to such exceptions Permitted Encumbrances as are permitted under the Indenturetherein defined), except such property and property rights as may have been released from the Lien of the Indenture thereof in accordance with the terms of the Indenturethereof.

Appears in 1 contract

Samples: Financing Agreement (Black Hills Power Inc)

Security for the Bonds. The Bonds are to will be issued under and will be entitled to the benefit of and secured by that certain Restated and Amended Indenture of Mortgage and Deed of Trust dated as of September 1, 1945 1999 (the “Restated Indenture”) between the Company and JPMorgan Chase Bank, N.A. (formerly known as The Chase Manhattan Bank), as Trustee (the successor of which is The Bank of New York Mellon (ultimate and such successor being referred to City Bank Farmers Trust Company)herein as, as trustee (the “Indenture Trustee”), as amended by that First Supplemental Indenture dated as of August 13, 2002 (the “First Supplemental Indenture”) and as further amended by a Second Supplemental Indenture dated as of October 27, 2009 (the “Second Supplemental Indenture”), and as to be further supplemented and amended by various supplemental indentures and as to be supplemented by a supplemental indenture, Third Supplemental Indenture to be dated as of the Closing Date October 1, 2014 (the “Third Supplemental Indenture”), which will be substantially in the form attached hereto as Exhibit 2.2. The Restated Indenture, as supplemented by the Third Supplemental Indenture, is hereinafter referred to this Agreement as Schedule 2.2, establishing the terms of the Bonds (as so supplemented, the “Indenture”). .” The Bonds shall will be substantially in the form set out forth in Schedule 2.2. The Bonds the Third Supplemental Indenture and will be dated the Closing Datedate of issuance thereof, will bear interest from and including the Closing Date and will be in denominations the amount of $100,000 or any integral a multiple of $1,000 in excess thereof, will bear interest on the unpaid principal amount thereof from the date of the Bonds at the rate of 4.43% per annum, payable semiannually on the twentieth day of each April and October in each year, commencing on April 20, 2015, until the principal amount thereof becomes due and payable, and will bear interest on overdue principal (including any optional prepayment of principal) and Make‑Whole Amount, if any, and (to the extent legally enforceable) on any overdue installment of interest at the Overdue Rate, whether by acceleration or otherwise, until paid, and will be expressed to mature on October 20, 2044. Interest on the Bonds will be computed on the basis of a 360-day 360‑day year consisting of twelve 30-day 30‑day months. The 2026 Bonds will bear interest at a rate of 5.24% per year, payable semi-annually in arrears on May 15 and November 15 of each year, commencing on November 15, 2023, and at the date of maturity. The 2029 Bonds will bear interest at a rate of 5.07% per year, payable semi-annually in arrears on May 15 and November 15 of each year, commencing on November 15, 2023, and at the date of maturity. The 2032 Bonds will bear interest at a rate of 5.17% per year, payable semi-annually in arrears on May 15 and November 15 of each year, commencing on November 15, 2023, and at the date of maturity. The 2037 Bonds will bear interest at a rate of 5.38% per year, payable semi-annually in arrears on May 15 and November 15 of each year, commencing on November 15, 2023, and at the date of maturity. The Bonds will bear interest on overdue principal and (to the extent permitted by law) overdue installments of interest at the rate set forth in the Indenture. The 2026 Bonds will mature on May 15, 2026, the 2029 Bonds will mature on May 15, 2029, the 2032 Bonds will mature on May 15, 2032, and the 2037 Bonds will mature on May 15, 2037. The Indenture creates and will create a direct first mortgage Lien on and a first security interest in the property and property rights of the Company described in the Indenture therein as being subjected to the Lien of the Indenture thereof (subject to such exceptions Permitted Encumbrances as are permitted under the Indenturetherein defined), except such property and property rights as may have been released from the Lien of the Indenture thereof in accordance with the terms of the Indenturethereof.

Appears in 1 contract

Samples: Bond Purchase Agreement (Black Hills Power Inc)

Security for the Bonds. The Bonds are to be issued under and secured by that certain Indenture dated as of September 1, 1945 between the Company and The Bank of New York Mellon (ultimate successor to City Bank Farmers Trust Company), as trustee (the “Trustee”), as supplemented and amended by various supplemental indentures and as to be supplemented by a supplemental indenture, to be dated as of the Closing Date (the “Supplemental Indenture”), which will be substantially in the form attached to this Agreement as Schedule Exhibit 2.2, establishing the terms of the Bonds (as so supplemented, the “Indenture”). The Bonds shall be substantially in the form set out in Schedule Exhibit 2.2. The Bonds will be dated the Closing Date, will bear interest from and including the Closing Date and will be in denominations of $100,000 or any integral multiple of $1,000 in excess thereof. Interest on the Bonds will be computed on the basis of a 360-day year consisting of twelve 30-day months. The 2026 2024 Bonds will bear interest at a rate of 5.243.19% per year, payable semi-annually in arrears on May 15 and November 15 of each year, commencing on November 15, 2023, and at the date of maturity. The 2029 2027 Bonds will bear interest at a rate of 5.073.39% per year, payable semi-annually in arrears on May 15 year and November 15 of each year, commencing on November 15, 2023, and at the date of maturity. The 2032 2042 Bonds will bear interest at a rate of 5.174.31% per year, in each case payable semi-annually in arrears on May June 15 and November December 15 of each year, commencing on November June 15, 2023, and at the date of maturity. The 2037 Bonds will bear interest at a rate of 5.38% per year, payable semi-annually in arrears on May 15 and November 15 of each year, commencing on November 15, 20232013, and at the date of maturity. The Bonds will bear interest on overdue principal and (to the extent permitted by law) overdue installments of interest at the rate set forth in the Indenture. The 2026 2024 Bonds will mature on May December 15, 20262024, the 2029 2027 Bonds will mature on May December 15, 20292027, and the 2032 2042 Bonds will mature on May December 15, 2032, and the 2037 Bonds will mature on May 15, 20372042. The Indenture creates and will create a direct first Lien on and a first security interest in the property and property rights of the Company described in the Indenture as being subjected to the Lien of the Indenture (subject to such exceptions as are permitted under the Indenture), except such property and property rights as may have been released from the Lien of the Indenture in accordance with the terms of the Indenture.

Appears in 1 contract

Samples: Bond Purchase Agreement (CMS Energy Corp)

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Security for the Bonds. The Bonds are to be issued under and secured by that certain Indenture dated as of September 1, 1945 between the Company and The Bank of New York Mellon (ultimate successor to City Bank Farmers Trust Company), as trustee (the “Trustee”), as supplemented and amended by various supplemental indentures and as to be supplemented by a supplemental indenture, to be dated as of the Closing Date (the “Supplemental Indenture”), which will be substantially in the form attached to this Agreement as Schedule 2.2, establishing the terms of the Bonds (as so supplemented, the “Indenture”). The Bonds shall be substantially in the form set out in Schedule 2.2. The Bonds will be dated the Closing Date, will bear interest from and including the Closing Date and will be in denominations of $100,000 or any integral multiple of $1,000 in excess thereof. Interest on the Bonds will be computed on the basis of a 360-day year consisting of twelve 30-day months. The 2026 2027 Bonds will bear interest at a rate of 5.243.68% per year, payable semi-annually in arrears on May 15 April 1 and November 15 October 1 of each year, commencing on November 15April 1, 20232019, and at the date of maturity. The 2029 2038 Bonds will bear interest at a rate of 5.074.01% per year, payable semi-annually in arrears on May 15 April 1 and November 15 October 1 of each year, commencing on November 15April 1, 20232019, and at the date of maturity. The 2032 2057 Bonds will bear interest at a rate of 5.174.28% per year, payable semi-annually in arrears on May 15 April 1 and November 15 October 1 of each year, commencing on November 15April 1, 2023, and at the date of maturity. The 2037 Bonds will bear interest at a rate of 5.38% per year, payable semi-annually in arrears on May 15 and November 15 of each year, commencing on November 15, 20232019, and at the date of maturity. The Bonds will bear interest on overdue principal and (to the extent permitted by law) overdue installments of interest at the rate set forth in the Indenture. The 2026 2027 Bonds will mature on May 15October 1, 20262027, the 2029 2038 Bonds will mature on May 15October 1, 20292038, and the 2032 2057 Bonds will mature on May 15October 1, 2032, and the 2037 Bonds will mature on May 15, 20372057. The Indenture creates and will create a direct first Lien on and a first security interest in the property and property rights of the Company described in the Indenture as being subjected to the Lien of the Indenture (subject to such exceptions as are permitted under the Indenture), except such property and property rights as may have been released from the Lien of the Indenture in accordance with the terms of the Indenture.

Appears in 1 contract

Samples: Bond Purchase Agreement (Consumers Energy Co)

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