Common use of Sundry Provisions Clause in Contracts

Sundry Provisions. SECTION 2.01. The Company may enter into an agreement with the holder of any registered Bond, without coupons, of any series providing for the payment to such holder of the principal of and the premium, if any, and interest on such Bond or any part thereof at a place other than the offices or agencies specified in the Indenture and such Bond, including by wire transfer, without presentation of such Bond, and for the making of notation of any such payment by such holder or by an agent of the Company or of the Trustee. The Trustee is authorized to approve any such agreement, and shall not be liable for any act or omission to act on the part of the Company, any such holder or any agent of the Company in connection with any such agreement. SECTION 2.02. This Seventeenth Supplemental Indenture is executed and shall be construed as an indenture supplemental to the Original Indenture, as heretofore supplemented and modified, and shall form a part thereof, and the Original Indenture, as heretofore supplemented and modified, is hereby ratified, approved and confirmed. SECTION 2.03. The recitals contained in this Seventeenth Supplemental Indenture are made by the Company and not by the Trustee; and all of the provisions contained in the Original Indenture, as heretofore supplemented and modified, in respect of the rights, privileges, immunities, powers and duties of the Trustee shall be applicable in respect hereof as fully and with like effect as if set forth herein in full. SECTION 2.04. Nothing in this Seventeenth Supplemental Indenture expressed or implied is intended or shall be construed to give to any person other than the Company, the Trustee, and the holders of the Bonds issued hereunder, any legal or equitable right, remedy or claim under or in respect of the Original Indenture or any indenture supplemental thereto or any covenant, condition or provision therein or herein or in the Bonds contained; and all such covenants, conditions and provisions are and shall be held to be for the sole and exclusive benefit of the Company, the Trustee and the holders of the Bonds issued hereunder. SECTION 2.05. The titles of Articles, section headings and any wording on the cover of this Seventeenth Supplemental Indenture are inserted for convenience only and are not a part hereof. SECTION 2.06. All the covenants, stipulations, promises and agreements in this Seventeenth Supplemental Indenture contained made by or on behalf of the Company or of the Trustee shall inure to and bind their respective successors and assigns. SECTION 2.07. Although this Seventeenth Supplemental Indenture is dated for convenience and for the purpose of reference as of November 1, 1996, the actual date or dates of execution by the Company and by the Trustee are as indicated by their respective acknowledgments hereto annexed.

Appears in 1 contract

Samples: Seventeenth Supplemental Indenture (Mobile Gas Service Corp)

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Sundry Provisions. SECTION 2.01Section 6.01. The Company may enter into an agreement with the holder of any registered Bond, Bond without coupons, coupons of any series providing for the payment to such holder of the principal of and the premium, if any, and interest on such Bond or any part thereof at a place other than the offices or agencies therein specified and in the Indenture and such Bond, a manner specified therein including payment by wire transfer, without presentation of such Bond, and for the making of notation of any notation, if any, as to principal payments on such payment Bond by such holder or by an agent of the Company or of the Trustee. The Trustee is authorized to approve any such agreement, and shall not be liable for any act or omission to act on the part of the Company, any such holder or any agent of the Company in connection with any such agreement. SECTION 2.02Section 6.02. This Seventeenth Fourteenth Supplemental Indenture is executed and shall be construed as an indenture supplemental to the Original Indenture, as heretofore supplemented and modified, and shall form a part thereof, and the Original Indenture, as heretofore supplemented and modified and as hereby supplemented and modified, is hereby ratified, approved and confirmed. SECTION 2.03Section 6.03. The recitals contained in this Seventeenth Fourteenth Supplemental Indenture are made by the Company and not by the Trustee; Trustee and all of the provisions contained in the Original Indenture, as heretofore supplemented and modified, in respect of the rights, privileges, immunities, powers and duties of the Trustee shall be applicable in respect hereof as fully and with like effect as if set forth herein in full. SECTION 2.04Section 6.04. Whenever reference is herein in this Fourteenth Supplemental Indenture made to a Section or Article of the Original Indenture, the First Supplemental Indenture, the Second Supplemental Indenture, the Third Supplemental Indenture, the Fourth Supplemental Indenture, the Fifth Supplemental Indenture, the Sixth Supplemental Indenture, the Seventh Supplemental Indenture, the Eighth Supplemental Indenture, the Ninth Supplemental Indenture, the Tenth Supplemental Indenture, the Eleventh Supplemental Indenture, the Twelfth Supplemental Indenture and the Thirteenth Supplemental Indenture and such Section or Article has been modified, then such reference shall be to such Section or Article so modified whether or not expressly so stated. Section 6.05. Nothing in this Seventeenth Fourteenth Supplemental Indenture expressed or implied is intended or shall be construed to give to any person other than the Company, the Trustee, and the holders of the Bonds issued hereunder, any legal or equitable right, remedy or claim under or in respect of the Original Indenture, the First Supplemental Indenture, Second Supplemental Indenture, the Third Supplemental Indenture, the Fourth Supplemental Indenture, the Fifth Supplemental Indenture, the Sixth Supplemental Indenture, the Seventh Supplemental Indenture, the Eighth Supplemental Indenture, the Ninth Supplemental Indenture, the Tenth Supplemental Indenture, the Eleventh Supplemental Indenture, Twelfth Supplemental Indenture, the Thirteenth Supplemental Indenture, or this Fourteenth Supplemental Indenture or any indenture supplemental thereto or any covenant, condition or provision therein or herein or in the Bonds contained; and all such covenants, conditions and provisions are and shall be held to be for the sole and exclusive benefit of the Company, the Trustee and the holders of the Bonds and coupons issued hereunder. SECTION 2.05Section 6.06. The titles of Articles, section headings Articles and any wording on the cover of this Seventeenth Fourteenth Supplemental Indenture are inserted for convenience only and are not a part hereofthereof. SECTION 2.06Section 6.07. All the covenants, stipulations, promises and agreements in this Seventeenth Fourteenth Supplemental Indenture contained made by or on behalf of the Company or of the Trustee shall inure to and bind their respective successors and assigns. SECTION 2.07Section 6.08. Although this Seventeenth Fourteenth Supplemental Indenture is dated for convenience and for the purpose of reference as of November September 1, 19962002, the actual date or dates of execution by the Company and by the Trustee are as indicated by their respective acknowledgments acknowledgements hereto annexed. Section 6.09. In order to facilitate the recording or filing of this Fourteenth Supplemental Indenture, the same may be simultaneously executed in several counterparts, each of which shall be deemed to be an original, and such counterparts shall together constitute but one and the same instrument. Section 6.10. This Fourteenth Supplemental Indenture and each Bond of the 2031 Series shall be deemed to be a contract made under the laws of the State of Florida, and for all purposes shall be governed by and construed in accordance with the laws of said State. Nothing contained in this Section 6.10 shall be deemed in any manner to impair any of the rights of holders of any bonds previously issued under the Indenture.

Appears in 1 contract

Samples: Indenture (Florida Public Utilities Co)

Sundry Provisions. SECTION 2.013.01. The Company recitals of fact contained herein shall be taken as the statements of the Corporation, and the Trustee assumes no responsibility for the correctness of the same. The Corporation hereby covenants and agrees that it will cause this Supplemental Indenture to be kept recorded and/or filed as may enter into an agreement be required by law, in such manner and in such places as may be necessary fully to preserve and protect the security of the bondholders and all of the rights of the Trustee hereunder, and that it will with all reasonable dispatch deposit with the holder Trustee counterparts of any registered Bondthis Supplemental Indenture bearing official notation or endorsements showing such recordation and/or filing, without couponsor in case such counterparts are not returned to the Corporation, furnish to the Trustee the best official evidence of any series providing for such recordation and/or filing reasonably obtainable by the payment to such holder Corporation, or evidence of the principal taking of and the premiumsuch other action, if any, and interest on such Bond or any part thereof at a place other than the offices or agencies specified in the Indenture and such Bond, including by wire transfer, without presentation of such Bond, and for the making of notation of any such payment by such holder or by an agent of the Company or of but the Trustee. The Trustee is authorized , subject to approve any such agreementthe provisions of Sections 14.02 and 14.03 of said Original Indenture, and shall not in no wise be liable for any act failure or omission in this regard. SECTION 3.02. The date of this Supplemental Indenture and the date of the bonds of Series U are intended as and for a date for the convenient identification of this Supplemental Indenture and of the bonds of said series, and are not intended to act indicate that this Supplemental Indenture was executed and delivered or that said bonds were executed, delivered or issued on said date; it being hereby provided that this Supplemental Indenture may be executed and delivered, and that said bonds may be executed, delivered or issued, either on said date or before or after said date, and that this Supplemental Indenture is in fact executed and delivered by each party hereto on the date of its certificate of acknowledgement hereto attached. SECTION 3.03. This Supplemental Indenture shall be deemed to be part of the CompanyOriginal Indenture, any such holder or any agent of and the Company Corporation agrees to conform to and comply with all and singular the terms, provisions, conditions and covenants set forth therein and herein. This Supplemental Indenture shall be construed in connection with any such agreement. SECTION 2.02. This Seventeenth Supplemental Indenture is executed and shall be construed as an indenture supplemental to a part of the Original Indenture, as heretofore supplemented amended and modifiedsupplemented. SECTION 3.04. It is further agreed that the Trustee accepts the trust imposed upon it by this Supplemental Indenture, upon and shall form a part thereof, subject to the same terms and conditions as are expressed in Article XIV of the Original Indenture, as heretofore supplemented and modified, is hereby ratified, approved and confirmed. SECTION 2.033.05. The recitals contained in In order to facilitate the recording of this Seventeenth Supplemental Indenture are made by the Company and not by the Trustee; and all of the provisions contained in the Original Indenture, as heretofore supplemented and modifiedthe same may be executed in several counterparts, in respect each of the rights, privileges, immunities, powers and duties of the Trustee which so executed shall be applicable in respect hereof as fully and with like effect as if set forth herein in full. SECTION 2.04. Nothing in this Seventeenth Supplemental Indenture expressed or implied is intended or shall deemed to be construed to give to any person other than the Company, the Trusteean original, and the holders of the Bonds issued hereunder, any legal or equitable right, remedy or claim under or in respect of the Original Indenture or any indenture supplemental thereto or any covenant, condition or provision therein or herein or in the Bonds contained; and all such covenants, conditions and provisions are and counterparts shall be held to be for the sole and exclusive benefit of the Company, the Trustee collectively constitute one and the holders of the Bonds issued hereundersame instrument. SECTION 2.05. The titles of Articles, section headings and any wording on the cover of this Seventeenth Supplemental Indenture are inserted for convenience only and are not a part hereof. SECTION 2.06. All the covenants, stipulations, promises and agreements in this Seventeenth Supplemental Indenture contained made by or on behalf of the Company or of the Trustee shall inure to and bind their respective successors and assigns. SECTION 2.07. Although this Seventeenth Supplemental Indenture is dated for convenience and for the purpose of reference as of November 1, 1996, the actual date or dates of execution by the Company and by the Trustee are as indicated by their respective acknowledgments hereto annexed.

Appears in 1 contract

Samples: Supplemental Indenture (Southern California Gas Co)

Sundry Provisions. SECTION 2.015.01. The Company hereby covenants that so long as any of the Maricopa Notes shall remain outstanding, the Company shall deliver to the Trustee as soon as available copies (certified by an officer or employee of the Company to be true) of the Indentures of Trust, the First Supplemental Loan Agreements, the Loan Agreements and copies of any supplements, amendments or replacements thereto, together with such other documents and instruments as the Trustee may enter into an agreement reasonably request from time to time in connection with the holder transactions contemplated hereby. The Trustee shall have no duty to examine or take any other action with respect to any such documents or instruments so received by it, other than to retain in its files any of same which it so receives and to make same available for inspection during normal business hours by any registered Bond, without coupons, of any series providing for the payment to such holder owner of the principal Maricopa Notes. SECTION 5.02. Except as otherwise expressly provided in this Second Supplemental Indenture or in the form of and Maricopa Notes or otherwise clearly required by the premiumcontext hereof or thereof, if any, and interest on such Bond all terms used herein or any part thereof at a place other than in said form of the offices or agencies specified Maricopa Notes that are defined in the Indenture shall have the several meanings respectively assigned to them thereby. SECTION 5.03. The Indenture, as supplemented by this Second Supplemental Indenture, is in all respects ratified and such Bond, including by wire transfer, without presentation of such Bondconfirmed, and for the making of notation of any such payment by such holder or by an agent this Second Supplemental Indenture shall be deemed part of the Company or of Indenture in the Trusteemanner and to the extent herein and therein provided. SECTION 5.04. The Trustee is authorized hereby accepts the trusts herein declared, provided, created, supplemented, or amended and agrees to approve any such agreementperform the same upon the terms and conditions herein and in the Indenture, set forth and upon the following terms and conditions: The Trustee shall not be liable responsible in any manner whatsoever for any act or omission to act on the part in respect of the Company, any such holder validity or any agent sufficiency of this Second Supplemental Indenture or for or in respect of the Company in connection with any such agreement. SECTION 2.02. This Seventeenth Supplemental Indenture is executed and shall be construed as an indenture supplemental to the Original Indenture, as heretofore supplemented and modified, and shall form a part thereof, and the Original Indenture, as heretofore supplemented and modified, is hereby ratified, approved and confirmed. SECTION 2.03. The recitals contained in this Seventeenth Supplemental Indenture herein, all of which recitals are made by the Company solely. In general, each and not by the Trustee; every term and all condition contained in Article VI of the provisions contained in Indenture shall apply to and form part of this Second Supplemental Indenture with the Original Indenture, as heretofore supplemented same force and modified, in respect of the rights, privileges, immunities, powers and duties of the Trustee shall be applicable in respect hereof as fully and with like effect as if the same were herein set forth herein in fullfull with such omissions, variations, and insertions, if any, as may be appropriate to make the same conform to the provisions of this Second Supplemental Indenture. To the extent permitted by Section 6.01 of the Indenture, and without limitation of Section 6.03 of the Indenture, the Trustee may rely and shall be protected in acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture, note, other evidence of indebtedness, or other paper or document (including, without limitation, the Indentures of Trust, the Loan Agreements, the First Supplemental Loan Agreements, or any notice, certificate, or other document provided for in the Indentures of Trust, the Loan Agreements, the First Supplemental Loan Agreements, or this Second Supplemental Indenture) believed by the Trustee to be genuine and to have been signed or presented by the proper party or parties. SECTION 2.045.05. Nothing This instrument may be executed in this Seventeenth Supplemental Indenture expressed or implied is intended or any number of counterparts, each of which so executed shall be construed deemed to give to any person other than the Companybe an original, the Trustee, but all such counterparts shall together constitute but one and the holders of the Bonds issued hereunder, any legal or equitable right, remedy or claim under or in respect of the Original Indenture or any indenture supplemental thereto or any covenant, condition or provision therein or herein or in the Bonds contained; and all such covenants, conditions and provisions are and shall be held to be for the sole and exclusive benefit of the Company, the Trustee and the holders of the Bonds issued hereundersame instrument. SECTION 2.05. The titles of Articles, section headings and any wording on the cover of this Seventeenth Supplemental Indenture are inserted for convenience only and are not a part hereof. SECTION 2.06. All the covenants, stipulations, promises and agreements in this Seventeenth Supplemental Indenture contained made by or on behalf of the Company or of the Trustee shall inure to and bind their respective successors and assigns. SECTION 2.07. Although this Seventeenth Supplemental Indenture is dated for convenience and for the purpose of reference as of November 1, 1996, the actual date or dates of execution by the Company and by the Trustee are as indicated by their respective acknowledgments hereto annexed.

Appears in 1 contract

Samples: Second Supplemental Indenture (Public Service Co of New Mexico)

Sundry Provisions. SECTION 2.016.01. The Company hereby covenants that so long as any of the 2016 Notes shall remain outstanding, the Company shall deliver to the Trustee as soon as available true and complete copies of the Ordinance, the Sale Agreements, the Guaranty and copies of any supplements, amendments or replacements thereto, together with such other documents and instruments as the Trustee may enter into an agreement reasonably request from time to time in connection with the holder transactions contemplated hereby. The Trustee may conclusively rely on any such documents or instruments received by it and shall have no duty to examine or take any other action with respect to any such documents or instruments so received other than to retain in its files any of same which it so receives and to make same available for inspection during normal business hours by any registered Bond, without coupons, of any series providing for the payment to such holder owner of the principal 2016 Notes. SECTION 6.02. Except as otherwise expressly provided in this Eleventh Supplemental Indenture or in the form of and the premium2016 Notes or otherwise clearly required by the context hereof or thereof, if any, and interest on such Bond all terms used herein or any part thereof at a place other than in said form of the offices or agencies specified 2016 Notes that are defined in the Indenture and such Bond, including by wire transfer, without presentation of such Bond, and for shall have the making of notation of any such payment by such holder or by an agent of the Company or of the Trustee. The Trustee is authorized several meanings respectively assigned to approve any such agreement, and shall not be liable for any act or omission to act on the part of the Company, any such holder or any agent of the Company in connection with any such agreementthem thereby. SECTION 2.026.03. This Seventeenth Supplemental Indenture is executed and shall be construed as an indenture supplemental to the Original The Indenture, as heretofore supplemented and modifiedas supplemented and amended by this Eleventh Supplemental Indenture, is in all respects ratified and confirmed, and this Eleventh Supplemental Indenture shall form a be deemed part thereof, of the Indenture in the manner and to the Original Indenture, as heretofore supplemented extent herein and modified, is hereby ratified, approved and confirmedtherein provided. SECTION 2.036.04. The Trustee hereby accepts the trusts herein declared, provided, created, supplemented, or amended and agrees to perform the same upon the terms and conditions herein and in the Indenture set forth and upon the following terms and conditions: The Trustee shall not be responsible in any manner whatsoever for or in respect of the validity or sufficiency of this Eleventh Supplemental Indenture or for or in respect of the recitals contained in this Seventeenth Supplemental Indenture herein, all of which recitals are made by the Company solely. In general, each and not by the Trustee; every term and all condition contained in Article VI of the provisions contained in Indenture shall apply to and form part of this Eleventh Supplemental Indenture with the Original Indenture, as heretofore supplemented same force and modified, in respect of the rights, privileges, immunities, powers and duties of the Trustee shall be applicable in respect hereof as fully and with like effect as if the same were herein set forth herein in fullfull with such omissions, variations, and insertions, if any, as may be appropriate to make the same conform to the provisions of this Eleventh Supplemental Indenture. To the extent permitted by Section 6.01 of the Indenture, and without limitation of Section 6.03 of the Indenture, the Trustee may rely and shall be protected in acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture, note, other evidence of indebtedness, or other paper or document (including, without limitation, the Ordinance, the Sale Agreements, the Guaranty, and any notice, certificate, or other document provided for in the Ordinance, the Sale Agreements or the Guaranty) believed by the Trustee to be genuine and to have been signed or presented by the proper party or parties. SECTION 2.046.05. Nothing in this Seventeenth This Eleventh Supplemental Indenture expressed or implied is intended or may be executed in any number of counterparts, each of which so executed shall be construed deemed to give to any person other than the Companybe an original, the Trustee, but all such counterparts shall together constitute but one and the holders of the Bonds issued hereunder, any legal or equitable right, remedy or claim under or in respect of the Original Indenture or any indenture supplemental thereto or any covenant, condition or provision therein or herein or in the Bonds contained; and all such covenants, conditions and provisions are and shall be held to be for the sole and exclusive benefit of the Company, the Trustee and the holders of the Bonds issued hereundersame instrument. SECTION 2.05. The titles of Articles, section headings and any wording on the cover of this Seventeenth Supplemental Indenture are inserted for convenience only and are not a part hereof. SECTION 2.06. All the covenants, stipulations, promises and agreements in this Seventeenth Supplemental Indenture contained made by or on behalf of the Company or of the Trustee shall inure to and bind their respective successors and assigns. SECTION 2.07. Although this Seventeenth Supplemental Indenture is dated for convenience and for the purpose of reference as of November 1, 1996, the actual date or dates of execution by the Company and by the Trustee are as indicated by their respective acknowledgments hereto annexed.

Appears in 1 contract

Samples: Eleventh Supplemental Indenture (Public Service Co of New Mexico)

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Sundry Provisions. SECTION 2.015.01. The Company hereby covenants that so long as any of the Farmington Notes shall remain outstanding, the Company shall deliver to the Trustee as soon as available copies (certified by an officer or employee of the Company to be true) of the Ordinances, the corresponding Installment Sale Agreement or Amended and Restated Installment Sale Agreement (as defined in the Ordinances), the Guaranties and copies of any supplements, amendments or replacements thereto, together with such other documents and instruments as the Trustee may enter into an agreement reasonably request from time to time in connection with the holder transactions contemplated hereby. The Trustee shall have no duty to examine or take any other action with respect to any such documents or instruments so received by it, other than to retain in its files any of same which it so receives and to make same available for inspection during normal business hours by any registered Bond, without coupons, of any series providing for the payment to such holder owner of the principal Farmington Notes. SECTION 5.02. Except as otherwise expressly provided in this First Supplemental Indenture or in the form of and Farmington Notes or otherwise clearly required by the premiumcontext hereof or thereof, if any, and interest on such Bond all terms used herein or any part thereof at a place other than in said form of the offices or agencies specified Farmington Notes that are defined in the Indenture shall have the several meanings respectively assigned to them thereby. SECTION 5.03. The Indenture, as supplemented by this First Supplemental Indenture, is in all respects ratified and such Bond, including by wire transfer, without presentation of such Bondconfirmed, and for the making of notation of any such payment by such holder or by an agent this First Supplemental Indenture shall be deemed part of the Company or of Indenture in the Trusteemanner and to the extent herein and therein provided. SECTION 5.04. The Trustee is authorized hereby accepts the trusts herein declared, provided, created, supplemented, or amended and agrees to approve any such agreementperform the same upon the terms and conditions herein and in the Indenture, set forth and upon the following terms and conditions: The Trustee shall not be liable responsible in any manner whatsoever for any act or omission to act on the part in respect of the Company, any such holder validity or any agent sufficiency of this First Supplemental Indenture or for or in respect of the Company in connection with any such agreement. SECTION 2.02. This Seventeenth Supplemental Indenture is executed and shall be construed as an indenture supplemental to the Original Indenture, as heretofore supplemented and modified, and shall form a part thereof, and the Original Indenture, as heretofore supplemented and modified, is hereby ratified, approved and confirmed. SECTION 2.03. The recitals contained in this Seventeenth Supplemental Indenture herein, all of which recitals are made by the Company solely. In general, each and not by the Trustee; every term and all condition contained in Article VI of the provisions contained in Indenture shall apply to and form part of this First Supplemental Indenture with the Original Indenture, as heretofore supplemented same force and modified, in respect of the rights, privileges, immunities, powers and duties of the Trustee shall be applicable in respect hereof as fully and with like effect as if the same were herein set forth herein in fullfull with such omissions, variations, and insertions, if any, as may be appropriate to make the same conform to the provisions of this First Supplemental Indenture. To the extent permitted by Section 6.01 of the Indenture, and without limitation of Section 6.03 of the Indenture, the Trustee may rely and shall be protected in acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture, note, other evidence of indebtedness, or other paper or document (including, without limitation, the Ordinances, the Guaranties, the First Supplemental Guaranties, or any notice, certificate, or other document provided for in the Ordinances, the Guaranties, the First Supplemental Guaranties or this First Supplemental Indenture) believed by the Trustee to be genuine and to have been signed or presented by the proper party or parties. SECTION 2.045.05. Nothing This instrument may be executed in this Seventeenth Supplemental Indenture expressed or implied is intended or any number of counterparts, each of which so executed shall be construed deemed to give to any person other than the Companybe an original, the Trustee, but all such counterparts shall together constitute but one and the holders of the Bonds issued hereunder, any legal or equitable right, remedy or claim under or in respect of the Original Indenture or any indenture supplemental thereto or any covenant, condition or provision therein or herein or in the Bonds contained; and all such covenants, conditions and provisions are and shall be held to be for the sole and exclusive benefit of the Company, the Trustee and the holders of the Bonds issued hereundersame instrument. SECTION 2.05. The titles of Articles, section headings and any wording on the cover of this Seventeenth Supplemental Indenture are inserted for convenience only and are not a part hereof. SECTION 2.06. All the covenants, stipulations, promises and agreements in this Seventeenth Supplemental Indenture contained made by or on behalf of the Company or of the Trustee shall inure to and bind their respective successors and assigns. SECTION 2.07. Although this Seventeenth Supplemental Indenture is dated for convenience and for the purpose of reference as of November 1, 1996, the actual date or dates of execution by the Company and by the Trustee are as indicated by their respective acknowledgments hereto annexed.

Appears in 1 contract

Samples: First Supplemental Indenture (Public Service Co of New Mexico)

Sundry Provisions. SECTION 2.01Section 3.01. The Company recitals of fact contained herein shall be taken as the statements of the Corporation, and the Trustee assumes no responsibility for the correctness of the same. The Corporation hereby covenants and agrees that it will cause this Supplemental Indenture to be kept recorded and/or filed as may enter into an agreement be required by law, in such manner and in such places as may be necessary fully to preserve and protect the security of the bondholders and all of the rights of the Trustee hereunder, and that it will with all reasonable dispatch deposit with the holder Trustee counterparts of any registered Bondthis Supplemental Indenture bearing official notation or endorsements showing such recordation and/or filing, without couponsor in case such counterparts are not returned to the Corporation, furnish to the Trustee the best official evidence of any series providing for such recordation and/or filing reasonably obtainable by the payment to such holder Corporation, or evidence of the principal taking of and the premiumsuch other action, if any, but the Trustee, subject to the provisions of Sections 14.02 and interest on such Bond or any part thereof at a place other than the offices or agencies specified in the Indenture and such Bond, including by wire transfer, without presentation of such Bond, and for the making of notation of any such payment by such holder or by an agent 14.03 of the Company or of the Trustee. The Trustee is authorized to approve any such agreementIndenture, and shall not in no way be liable for any act failure or omission in this regard. Section 3.02. The date of this Supplemental Indenture and the date of the Series II Bonds are intended as and for a date for the convenient identification of this Supplemental Indenture and of the Series II Bonds, and are not intended to act indicate that this Supplemental Indenture was executed and delivered or that the Series II Bonds were executed, delivered or issued on said date; it being hereby provided that this Supplemental Indenture may be executed and delivered, and that the Series II Bonds may be executed, delivered or issued, either on said date or before or after said date, and that this Supplemental Indenture is in fact executed and delivered by each party hereto on the date of its certificate of acknowledgment hereto attached. Section 3.03. This Supplemental Indenture shall be deemed to be part of the CompanyBase Indenture, any such holder or any agent of and the Company Corporation agrees to conform to and comply with all and singular the terms, provisions, conditions and covenants set forth therein and herein. This Supplemental Indenture shall be construed in connection with any such agreementand as a part of the Indenture. SECTION 2.02Section 3.04. It is further agreed that the Trustee accepts the trust imposed upon it by this Supplemental Indenture, upon and subject to the same terms and conditions as are expressed in Article XIV of the Base Indenture. Section 3.05. In order to facilitate the recording of this Supplemental Indenture, the same may be, executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall collectively constitute one and the same instrument. Section 3.06. All terms used in this Supplemental Indenture which are defined in the Indenture are not defined herein shall have the meaning assigned to them in the Indenture. Section 3.07. To the extent any provision in this Supplemental Indenture conflicts with any provision in the Indenture, the provisions of this Supplemental Indenture shall govern; provided however, that in the event such conflict would require bondholder consent, the terms and provisions of the Indenture shall govern. Section 3.08. This Seventeenth Supplemental Indenture is executed and the Series II Bonds shall be governed by and construed as an indenture supplemental in accordance with the laws of the State of California, without regard to conflicts of laws principles thereof. Section 3.09. To the extent not otherwise addressed in this Supplemental Indenture, this Supplemental Indenture shall be subject to the Original provisions of Article XVII of the Indenture, as heretofore supplemented and modified, and shall form a part thereof, and the Original Indenture, as heretofore supplemented and modified, is terms of which are hereby ratified, approved and confirmedincorporated by reference into this Indenture Supplement. SECTION 2.03. The recitals contained in this Seventeenth Supplemental Indenture are made by the Company and not by the Trustee; and all of the provisions contained in the Original Indenture, as heretofore supplemented and modified, in respect of the rights, privileges, immunities, powers and duties of the Trustee shall be applicable in respect hereof as fully and with like effect as if set forth herein in full. SECTION 2.04. Nothing in this Seventeenth Supplemental Indenture expressed or implied is intended or shall be construed to give to any person other than the Company, the Trustee, and the holders of the Bonds issued hereunder, any legal or equitable right, remedy or claim under or in respect of the Original Indenture or any indenture supplemental thereto or any covenant, condition or provision therein or herein or in the Bonds contained; and all such covenants, conditions and provisions are and shall be held to be for the sole and exclusive benefit of the Company, the Trustee and the holders of the Bonds issued hereunder. SECTION 2.05. The titles of Articles, section headings and any wording on the cover of this Seventeenth Supplemental Indenture are inserted for convenience only and are not a part hereof. SECTION 2.06. All the covenants, stipulations, promises and agreements in this Seventeenth Supplemental Indenture contained made by or on behalf of the Company or of the Trustee shall inure to and bind their respective successors and assigns. SECTION 2.07. Although this Seventeenth Supplemental Indenture is dated for convenience and for the purpose of reference as of November 1, 1996, the actual date or dates of execution by the Company and by the Trustee are as indicated by their respective acknowledgments hereto annexed.

Appears in 1 contract

Samples: Supplemental Indenture (Southern California Gas Co)

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