Sundry Provisions. SECTION 5.01. The Company hereby covenants that so long as any of the 2003C 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 Indenture of Trust, the Loan Agreement and copies of any supplements, amendments or replacements thereto, together with such other documents and instruments as the Trustee may reasonably request from time to time in connection with the 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 owner of the 2003C Notes. SECTION 5.02. Except as otherwise expressly provided in this Sixth Supplemental Indenture or in the form of the 2003C Notes or otherwise clearly required by the context hereof or thereof, all terms used herein or in said form of the 2003C Notes that are defined in the Indenture shall have the several meanings respectively assigned to them thereby. SECTION 5.03. The Indenture, as heretofore supplemented and as supplemented by this Sixth Supplemental Indenture, is in all respects ratified and confirmed, and this Sixth Supplemental Indenture shall be deemed part of the Indenture in the manner and to the extent herein and therein provided. SECTION 5.04. 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 Sixth Supplemental Indenture or for or in respect of the recitals contained herein, all of which recitals are made by the Company solely. In general, each and every term and condition contained in Article VI of the Indenture shall apply to and form part of this Sixth Supplemental Indenture with the same force and effect as if the same were herein set forth in full with such omissions, variations, and insertions, if any, as may be appropriate to make the same conform to the provisions of this Sixth 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 Indenture of Trust, the Loan Agreement, and any notice, certificate, or other document provided for in the Indenture of Trust or the Loan Agreement) believed by the Trustee to be genuine and to have been signed or presented by the proper party or parties. SECTION 5.05. This Sixth Supplemental Indenture may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
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Sundry Provisions. SECTION 5.01. The Company hereby covenants that so long as any of the 2003C 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 Indenture of Trust, the Loan Agreement and copies of any supplements, amendments or replacements thereto, together with such other documents and instruments as the Trustee may reasonably request from time to time in connection with the 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 owner of the 2003C Notes.
SECTION 5.02. Section 5.01 Except as otherwise expressly provided in this Sixth First Supplemental Indenture or in the form of the 2003C 1998 Senior Notes or otherwise clearly required by the context hereof or thereof, all terms used herein or in said form of the 2003C 1998 Senior Notes that are defined in the Indenture shall have the several meanings respectively assigned to them thereby.
SECTION 5.03. Section 5.02 The Indenture, as heretofore supplemented and as supplemented by this Sixth First Supplemental Indenture, is in all respects ratified and confirmed, and this Sixth First Supplemental Indenture shall be deemed part of the Indenture in the manner and to the extent herein and therein provided.
SECTION 5.04. Section 5.03 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 Sixth First Supplemental Indenture or for or in respect of the recitals contained herein, all of which recitals are made by the Company solely. In general, each and every term and condition contained in Article VI of the Indenture shall apply to and form part of this Sixth First Supplemental Indenture with the same force and effect as if the same were herein set forth in full with such omissions, variations, and insertions, if any, as may be appropriate to make the same conform to the provisions of this Sixth 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 Indenture of Trust, the Loan Agreement, and any notice, certificate, or other document provided for in the Indenture of Trust or the Loan Agreement) believed by the Trustee to be genuine and to have been signed or presented by the proper party or parties.
SECTION 5.05. Section 5.04 This Sixth First Supplemental Indenture may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
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Samples: First Supplemental Indenture (Public Service Co of New Mexico)
Sundry Provisions. SECTION 5.01. The Company hereby covenants that so long as any of the 2003C 1999 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 Indenture of TrustOrdinance, the Loan Agreement Sale Agreement, the Guaranty and copies of any supplements, amendments or replacements thereto, together with such other documents and instruments as the Trustee may reasonably request from time to time in connection with the 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 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 owner of the 2003C 1999 Notes.
SECTION 5.02. Except as otherwise expressly provided in this Sixth Third Supplemental Indenture or in the form of the 2003C 1999 Notes or otherwise clearly required by the context hereof or thereof, all terms used herein or in said form of the 2003C 1999 Notes that are defined in the Indenture shall have the several meanings respectively assigned to them thereby.
SECTION 5.03. The Indenture, as heretofore supplemented and as supplemented by this Sixth Third Supplemental Indenture, is in all respects ratified and confirmed, and this Sixth Third Supplemental Indenture shall be deemed part of the Indenture in the manner and to the extent herein and therein provided.
SECTION 5.04. 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 Sixth Third Supplemental Indenture or for or in respect of the recitals contained herein, all of which recitals are made by the Company solely. In general, each and every term and condition contained in Article VI of the Indenture shall apply to and form part of this Sixth Third Supplemental Indenture with the same force and effect as if the same were herein set forth in full with such omissions, variations, and insertions, if any, as may be appropriate to make the same conform to the provisions of this Sixth Third 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 Indenture of TrustOrdinance, the Loan Sale Agreement, and the Guaranty, any notice, certificate, or other document provided for in the Indenture of Trust or Ordinance, the Loan Sale Agreement, the Guaranty) believed by the Trustee to be genuine and to have been signed or presented by the proper party or parties.
SECTION 5.05. This Sixth Third Supplemental Indenture may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
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Samples: Third Supplemental Indenture (Public Service Co of New Mexico)
Sundry Provisions. SECTION 5.01. The Company hereby covenants that so long as any of the 2003C 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 Indenture of Trust, the Loan Agreement and copies of any supplements, amendments or replacements thereto, together with such other documents and instruments as the Trustee may reasonably request from time to time in connection with the 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 owner of the 2003C Notes.
SECTION 5.02. Section 6.01 Except as otherwise expressly provided in this Sixth Fourth Supplemental Indenture or in the form of the 2003C 2011 Notes or otherwise clearly required by the context hereof or thereof, all terms used herein or in said form of the 2003C 2011 Notes that are defined in the Indenture shall have the several meanings respectively assigned to them thereby.
SECTION 5.03. Section 6.02 The Indenture, as heretofore supplemented and as supplemented and amended by this Sixth Fourth Supplemental Indenture, is in all respects ratified and confirmed, and this Sixth Fourth Supplemental Indenture shall be deemed part of the Indenture in the manner and to the extent herein and therein provided.
SECTION 5.04. Section 6.03 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 Indenture, as heretofore supplemented, 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 Sixth Fourth Supplemental Indenture or for or in respect of the recitals contained herein, all of which recitals are made by the Company solely. In general, each and every term and condition contained in Article VI of the Indenture shall apply to and form part of this Sixth Fourth Supplemental Indenture with the same force and effect as if the same were herein set forth in full with such omissions, variations, and insertions, if any, as may be appropriate to make the same conform to the provisions of this Sixth Fourth 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 Indenture of Trust, the Loan Agreement, and any notice, certificate, or other document provided for in the Indenture of Trust or the Loan Agreement) believed by the Trustee to be genuine and to have been signed or presented by the proper party or parties.
SECTION 5.05. Section 6.04 This Sixth Fourth Supplemental Indenture may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Section 6.05 This Fourth Supplemental Indenture shall be governed by and construed in accordance with the law of the State of New York (including without limitation Section 5-1401 of the New York General Obligations Law or any successor to such statute).
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Sundry Provisions. SECTION 5.016.01. The Company hereby covenants that so long as any of the 2003C 2012 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 Indenture of TrustOrdinance, the Loan Agreement Sale Agreement, the Guaranty and copies of any supplements, amendments or replacements thereto, together with such other documents and instruments as the Trustee may reasonably request from time to time in connection with the 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 owner of the 2003C 2012 Notes.
SECTION 5.026.02. Except as otherwise expressly provided in this Sixth Tenth Supplemental Indenture or in the form of the 2003C 2012 Notes or otherwise clearly required by the context hereof or thereof, all terms used herein or in said form of the 2003C 2012 Notes that are defined in the Indenture shall have the several meanings respectively assigned to them thereby.
SECTION 5.036.03. The Indenture, as heretofore supplemented and as supplemented by this Sixth Tenth Supplemental Indenture, is in all respects ratified and confirmed, and this Sixth Tenth Supplemental Indenture shall be deemed part of the Indenture in the manner and to the extent herein and therein provided.
SECTION 5.046.04. 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 Sixth Tenth Supplemental Indenture or for or in respect of the recitals contained herein, all of which recitals are made by the Company solely. In general, each and every term and condition contained in Article VI of the Indenture shall apply to and form part of this Sixth Tenth Supplemental Indenture with the same force and effect as if the same were herein set forth in full with such omissions, variations, and insertions, if any, as may be appropriate to make the same conform to the provisions of this Sixth Tenth 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 Indenture of TrustOrdinance, the Loan Sale Agreement, the Guaranty, and any notice, certificate, or other document provided for in the Indenture of Trust Ordinance, the Sale Agreement or the Loan AgreementGuaranty) believed by the Trustee to be genuine and to have been signed or presented by the proper party or parties.
SECTION 5.056.05. This Sixth Tenth Supplemental Indenture may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
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Sundry Provisions. SECTION 5.01. The Company hereby covenants that so long as any of the 2003C 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 Indenture of Trust, the Loan Agreement and copies of any supplements, amendments or replacements thereto, together with such other documents and instruments as the Trustee may reasonably request from time to time in connection with the 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 owner of the 2003C Notes.
SECTION 5.02. Section 5.01 Except as otherwise expressly provided in this Sixth Second Supplemental Indenture or in the form of the 2003C 2003 Notes or otherwise clearly required by the context hereof or thereof, all terms used herein or in said form of the 2003C 2003 Notes that are defined in the Indenture shall have the several meanings respectively assigned to them thereby.
SECTION 5.03. Section 5.02 The Indenture, as heretofore supplemented and as supplemented by this Sixth Second Supplemental Indenture, is in all respects ratified and confirmed, and this Sixth Second Supplemental Indenture shall be deemed part of the Indenture in the manner and to the extent herein and therein provided.
SECTION 5.04. Section 5.03 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 Sixth Second Supplemental Indenture or for or in respect of the recitals contained herein, all of which recitals are made by the Company solely. In general, each and every term and condition contained in Article VI of the Indenture shall apply to and form part of this Sixth Second Supplemental Indenture with the same force and effect as if the same were herein set forth in full with such omissions, variations, and insertions, if any, as may be appropriate to make the same conform to the provisions of this Sixth 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 Indenture of Trust, the Loan Agreement, and any notice, certificate, or other document provided for in the Indenture of Trust or the Loan Agreement) believed by the Trustee to be genuine and to have been signed or presented by the proper party or parties.
SECTION 5.05. Section 5.04 This Sixth Second Supplemental Indenture may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
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