TRANSFER OF COLLATERAL BONDS. The Company hereby issues, delivers and transfers to the Trustee in connection with the issuance of the Securities of the Series due February 1, 2013, Twenty-Two Million Dollars ($22,000,000) aggregate principal amount of a related issue of Collateral Bonds of the Company designated “First Mortgage Bonds, Collateral Series F” (the “Collateral Bonds”), which has been fully registered in the name of the Trustee in such capacity, to be held in trust for the benefit of the Holders from time to time of the Securities of the Series due February 1, 2013 and, if such transfer does not constitute a sale of the Collateral Bonds to the Trustee, the Company hereby grants a security interest in the Collateral Bonds for the benefit of such Holders, in each case as security for any and all obligations of the Company under the Indenture, this Supplemental Indenture and the Securities of the Series due February 1, 2013, including but not limited to (1) the full and prompt payment of the interest on, principal of, and premium, if any, on such Securities of the Series due February 1, 2013 when and as the same shall become due and payable in accordance with the terms and provisions of the Indenture and this Supplemental Indenture and such Securities of the Series due February 1, 2013, either at the Stated Maturity thereof, upon acceleration of the maturity thereof or upon redemption, and (2) the full and prompt payment of any interest on such Securities of the Series due February 1, 2013 when and as the same shall become due and payable in accordance with the terms and provisions of the Indenture and this Supplemental Indenture and such Securities of the Series due February 1, 2013. The Trustee shall enforce all of its rights under the First Mortgage Indenture as a holder of the Collateral Bonds transferred to it as provided in this Article IV for the benefit of the Holders of the Securities of the Series due February 1, 2013 and the proceeds of the enforcement of such rights shall be applied by the Trustee to satisfy the Company’s obligations under the Indenture, this Supplemental Indenture, and such Securities of the Series due February 1, 2013. The Company shall make payments of the principal of, and premium, if any, or interest on the Collateral Bonds to the Trustee, which payments shall be applied by the Trustee to satisfaction of all obligations then due on the Securities of the Series due February 1, 2013. The Collateral Bonds shall not be sold or transferred by the Trustee until the earlier of the Release Date or the prior retirement of the Securities of the Series due February 1, 2013 through redemption, repurchase or otherwise. Without limiting the generality of the foregoing, in no event shall the Collateral Bonds be sold or become the absolute property of any person in violation of the applicable provisions of Section 201.04(2) of the Wisconsin Statutes or any successor statutory provision. The “Release Date” shall be the date that all First Mortgage Bonds of the Company issued and outstanding under the First Mortgage Indenture, other than the Collateral Bonds, have been retired (at, before or after the maturity thereof) through payment, redemption or otherwise, provided that no Default or Event of Default has occurred and, at such time, is continuing under the Indenture. A copy of the form of Collateral Bond is attached hereto as Appendix II and its terms are hereby incorporated by reference herein.
Appears in 1 contract
Samples: Supplemental Indenture (Integrys Energy Group, Inc.)
TRANSFER OF COLLATERAL BONDS. The Company hereby issues, delivers and transfers to the Trustee in connection with the issuance of the Securities of the Series due February 1, 2013, Twenty-Two 2028 Fifty Million Dollars ($22,000,00050,000,000) aggregate principal amount of a related issue of Collateral Bonds of the Company designated “"First Mortgage Bonds, Collateral Series F” A" (each, a "Related Issue," as to the “series of Securities it secures, and, the "Collateral Bonds”"), which has been fully registered in the name of the Trustee in such capacity, to be held in trust for the benefit of the Holders from time to time of the Related Issue of Securities of the Series due February 1, 2013 and, if such transfer does not constitute a sale of the Collateral Bonds to the Trustee, the Company hereby grants a perfected security interest in the Collateral Bonds for the benefit of such Holders, in each case as security for any and all obligations of the Company under the Indenture, this Supplemental Indenture and the Securities Related Issue of the Series due February 1, 2013Securities, including but not limited to (1) the full and prompt payment of the interest on, principal of, and premium, if any, on such Related Issue of Securities of the Series due February 1, 2013 when and as the same shall become due and payable in accordance with the terms and provisions of the Indenture and this Supplemental Indenture and such Securities Related Issue of the Series due February 1, 2013Securities, either at the Stated Maturity thereof, upon acceleration of the maturity thereof or upon redemption, and (2) the full and prompt payment of any interest on such Related Issue of Securities of the Series due February 1, 2013 when and as the same shall become due and payable in accordance with the terms and provisions of the Indenture and this Supplemental Indenture and such Securities Related Issue of the Series due February 1, 2013Securities. The Trustee shall enforce all of its rights under the First Mortgage Indenture as a holder of the each Related Issue of Collateral Bonds transferred to it as provided in this Article IV III for the benefit of the Holders of the respective Related Issue of Securities of the Series due February 1, 2013 and the proceeds of the enforcement of such rights shall be applied by the Trustee to satisfy the Company’s 's obligations under the Indenture, this Supplemental Indenture, and such Securities Related Issue of the Series due February 1, 2013Securities. The Company shall make payments of the principal of, and premium, if any, premium or interest on each of the Collateral Bonds to the Trustee, which payments shall be applied by the Trustee to satisfaction of all obligations then due on the Securities respective Related Issue of the Series due February 1, 2013Securities. The Collateral Bonds shall not be sold or transferred by the Trustee until the earlier of the Release Date or the prior retirement of the Related Issue of Securities of the Series due February 1, 2013 through redemption, repurchase or otherwise. Without limiting the generality of the foregoing, in no event shall the Collateral Bonds be sold or become the absolute property of any person in violation of the applicable provisions of Section 201.04(2182.04(2) of the Wisconsin Statutes or any successor statutory provision. The “"Release Date” " shall be the date that all First Mortgage Bonds of the Company issued and outstanding under the First Mortgage Indenture, other than the Collateral Bonds, have been retired (at, before or after the maturity thereof) through payment, redemption or otherwise, provided that no Default or Event of Default has occurred and, at such time, is continuing under the Indenture. A copy of the form forms of Collateral Bond is attached hereto as Appendix II and its terms are hereby incorporated by reference herein.
Appears in 1 contract
Samples: Supplemental Indenture (Wisconsin Public Service Corp)
TRANSFER OF COLLATERAL BONDS. The Company hereby issues, delivers and transfers to the Trustee (A) in connection with the issuance of the Securities of the Series due February 1Remarketed Securities, 2013, TwentySeventy-Two Five Million Dollars ($22,000,00075,000,000) aggregate principal amount of a related issue of Collateral Bonds of the Company designated “"First Mortgage Bonds, Collateral Series F” A" and (B) in connection with the “issuance of the Resetable Securities, Seventy-Five Million Dollars ($75,000,000) aggregate principal amount of a related issue of Collateral Bonds of the Company designated "First Mortgage Bonds, Collateral Series B" (each, a "Related Issue," as to the respective series of Securities it secures, together, the "Collateral Bonds”"), each of which has been fully registered in the name of the Trustee in such capacity, to be held in trust for the benefit of the Holders from time to time of the Related Issue of Securities of the Series due February 1, 2013 and, if such transfer does not constitute a sale of the Collateral Bonds to the Trustee, the Company hereby grants a perfected security interest in the Collateral Bonds for the benefit of such Holders, in each case as security for any and all obligations of the Company under the Indenture, this Supplemental Indenture and the Securities Related Issue of the Series due February 1, 2013Securities, including but not limited to (1) the full and prompt payment of the interest on, principal of, and premium, if any, on such Related Issue of Securities of the Series due February 1, 2013 when and as the same shall become due and payable in accordance with the terms and provisions of the Indenture and this Supplemental Indenture and such Securities Related Issue of the Series due February 1, 2013Securities, either at the Stated Maturity stated maturity thereof, upon acceleration of the maturity thereof or upon redemption, and (2) the full and prompt payment of any interest on such Related Issue of Securities of the Series due February 1, 2013 when and as the same shall become due and payable in accordance with the terms and provisions of the Indenture and this Supplemental Indenture and such Securities of the Series due February 1, 2013. The Trustee shall enforce all of its rights under the First Mortgage Indenture as a holder of the Collateral Bonds transferred to it as provided in this Article IV for the benefit of the Holders of the Securities of the Series due February 1, 2013 and the proceeds of the enforcement of such rights shall be applied by the Trustee to satisfy the Company’s obligations under the Indenture, this Supplemental Indenture, and such Securities of the Series due February 1, 2013. The Company shall make payments of the principal of, and premium, if any, or interest on the Collateral Bonds to the Trustee, which payments shall be applied by the Trustee to satisfaction of all obligations then due on the Securities of the Series due February 1, 2013. The Collateral Bonds shall not be sold or transferred by the Trustee until the earlier of the Release Date or the prior retirement of the Securities of the Series due February 1, 2013 through redemption, repurchase or otherwise. Without limiting the generality of the foregoing, in no event shall the Collateral Bonds be sold or become the absolute property of any person in violation of the applicable provisions of Section 201.04(2) of the Wisconsin Statutes or any successor statutory provision. The “Release Date” shall be the date that all First Mortgage Bonds of the Company issued and outstanding under the First Mortgage Indenture, other than the Collateral Bonds, have been retired (at, before or after the maturity thereof) through payment, redemption or otherwise, provided that no Default or Event of Default has occurred and, at such time, is continuing under the Indenture. A copy of the form of Collateral Bond is attached hereto as Appendix II and its terms are hereby incorporated by reference herein.Related
Appears in 1 contract
Samples: First Supplemental Indenture (Michigan Consolidated Gas Co /Mi/)
TRANSFER OF COLLATERAL BONDS. The Company hereby issues, delivers and transfers to the Trustee in connection with the issuance of the Securities of the Series due February 1Senior Notes, 2013, Twenty-Two Hundred Million Dollars ($22,000,000200,000,000) aggregate principal amount of a related issue of Collateral Bonds of the Company designated “"First Mortgage Bonds, 6 1/8% Collateral Series F” Bonds due 2008" (the “"Related Issue of Collateral Bonds”" and, together with all other First Mortgage Bonds issued under the First Mortgage Indenture as security for Securities issued under the Indenture, "Collateral Bonds"), which has been fully registered in the name of the Trustee in such capacity, to be held in trust for the benefit of the Holders from time to time of the Securities of the Series due February 1, 2013 and, if such transfer does not constitute a sale of the Collateral Bonds to the Trustee, the Company hereby grants a security interest in the Collateral Bonds for the benefit of such Holders, in each case Senior Notes as security for any and all obligations of the Company in respect of the Senior Notes of this series under the Indenture, this Supplemental Indenture and the Securities of the Series due February 1, 2013Senior Notes, including but not limited to (1) the full and prompt payment of the interest on, principal of, and premium, if any, on such Securities of the Series due February 1, 2013 Senior Notes when and as the same shall become due and payable in accordance with the terms and provisions of the Indenture and this Supplemental Indenture and such Securities of the Series due February 1, 2013Senior Notes, either at the Stated Maturity thereofMaturity, upon acceleration of the maturity thereof or upon redemptionredemption of the Senior Notes, and (2) the full and prompt payment of any interest on such Securities of the Series due February 1, 2013 Senior Notes when and as the same shall become due and payable in accordance with the terms and provisions of the Indenture and this Supplemental Indenture and such Securities of the Series due February 1, 2013Senior Notes. The Trustee shall enforce all of its rights under the First Mortgage Indenture as a holder of the Related Issue of Collateral Bonds transferred to it as provided in this Article IV III for the benefit of the Holders of the Securities of the Series due February 1, 2013 Senior Notes and the proceeds of the enforcement of such rights shall be applied by the Trustee to satisfy the Company’s 's obligations under the Indenture, this Supplemental Indenture, Indenture and such Securities of the Series due February 1, 2013Senior Notes. The Company shall make payments of the principal of, and premium, if any, premium or interest on on, the Related Issue of Collateral Bonds to the Trustee, which payments shall be applied by the Trustee to satisfaction of all obligations then due on the Securities of the Series due February 1, 2013Senior Notes. The Related Issue of Collateral Bonds shall not be sold or transferred by the Trustee until the earlier of the Release Date or the prior retirement of the Securities of the Series due February 1, 2013 Senior Notes through redemption, repurchase or otherwise. Without limiting the generality of the foregoing, in no event shall the Collateral Bonds be sold or become the absolute property of any person in violation of the applicable provisions of Section 201.04(2) of the Wisconsin Statutes or any successor statutory provision. The “"Release Date” " shall be the date that all First Mortgage Bonds of the Company issued and outstanding under the First Mortgage Indenture, other than the Collateral Bonds, have been retired (at, before or after the maturity thereof) through payment, redemption or otherwise, provided that no Default default or Event of Default has occurred and, at such time, is continuing under the Indenture. A copy of the form of Collateral Bond is attached hereto as Appendix II and its terms are hereby incorporated by reference herein.
Appears in 1 contract
Samples: Supplemental Indenture (Michigan Consolidated Gas Co /Mi/)
TRANSFER OF COLLATERAL BONDS. The Company hereby issues, delivers and transfers to the Trustee in connection with the issuance of the Securities of the Series due February 1, 2013, Twenty-Two Million ______ ____________________________ Dollars ($22,000,000__________) aggregate principal amount of a related issue of Collateral Bonds of the Company designated “"First Mortgage Bonds, Collateral Series F” ____" (each, a "Related Issue," as to the “series of Securities it secures, and, the "Collateral Bonds”"), which has been fully registered in the name of the Trustee in such capacity, to be held in trust for the benefit of the Holders from time to time of the Related Issue of Securities of the Series due February 1, 2013 and, if such transfer does not constitute a sale of the Collateral Bonds to the Trustee, the Company hereby grants a perfected security interest in the Collateral Bonds for the benefit of such Holders, in each case as security for any and all obligations of the Company under the Indenture, this Supplemental Indenture and the Securities Related Issue of the Series due February 1, 2013Securities, including but not limited to (1) the full and prompt payment of the interest on, principal of, and premium, if any, on such Related Issue of Securities of the Series due February 1, 2013 when and as the same shall become due and payable in accordance with the terms and provisions of the Indenture and this Supplemental Indenture and such Securities Related Issue of the Series due February 1, 2013Securities, either at the Stated Maturity thereof, upon acceleration of the maturity thereof or upon redemption, and (2) the full and prompt payment of any interest on such Related Issue of Securities of the Series due February 1, 2013 when and as the same shall become due and payable in accordance with the terms and provisions of the Indenture and this Supplemental Indenture and such Securities Related Issue of the Series due February 1, 2013Securities. The Trustee shall enforce all of its rights under the First Mortgage Indenture as a holder of the each Related Issue of Collateral Bonds transferred to it as provided in this Article IV III for the benefit of the Holders of the respective Related Issue of Securities of the Series due February 1, 2013 and the proceeds of the enforcement of such rights shall be applied by the Trustee to satisfy the Company’s 's obligations under the Indenture, this Supplemental Indenture, and such Securities Related Issue of the Series due February 1, 2013Securities. The Company shall make payments of the principal of, and premium, if any, premium or interest on each of the Collateral Bonds to the Trustee, which payments shall be applied by the Trustee to satisfaction of all obligations then due on the Securities respective Related Issue of the Series due February 1, 2013Securities. The Collateral Bonds shall not be sold or transferred by the Trustee until the earlier of the Release Date or the prior retirement of the Related Issue of Securities of the Series due February 1, 2013 through redemption, repurchase or otherwise. Without limiting the generality of the foregoing, in no event shall the Collateral Bonds be sold or become the absolute property of any person in violation of the applicable provisions of Section 201.04(2) of the Wisconsin Statutes or any successor statutory provision. The “"Release Date” " shall be the date that all First Mortgage Bonds of the Company issued and outstanding under the First Mortgage Indenture, other than the Collateral Bonds, have been retired (at, before or after the maturity thereof) through payment, redemption or otherwise, provided that no Default or Event of Default has occurred and, at such time, is continuing under the Indenture. A copy of the form of Collateral Bond is attached hereto as Appendix II and its terms are hereby incorporated by reference herein.
Appears in 1 contract
Samples: Supplemental Indenture (Wisconsin Public Service Corp)
TRANSFER OF COLLATERAL BONDS. The Company hereby issues, delivers and transfers to the Trustee in connection with the issuance of the Securities of the Series due February 1Senior Notes, 2013, Twenty-Two Hundred Million Dollars ($22,000,000200,000,000) aggregate principal amount of a related issue of Collateral Bonds of the Company designated “"First Mortgage Bonds, 5.70% Collateral Series F” Bonds due 2033" (the “"Related Issue of Collateral Bonds”" and, together with all other First Mortgage Bonds issued under the First Mortgage Indenture as security for Securities issued under the Indenture, "Collateral Bonds"), which has been fully registered in the name of the Trustee in such capacity, to be held in trust for the benefit of the Holders from time to time of the Securities of the Series due February 1, 2013 and, if such transfer does not constitute a sale of the Collateral Bonds to the Trustee, the Company hereby grants a security interest in the Collateral Bonds for the benefit of such Holders, in each case Senior Notes as security for any and all obligations of the Company in respect of the Senior Notes of this series under the Indenture, this Supplemental Indenture and the Securities of the Series due February 1, 2013Senior Notes, including but not limited to (1) the full and prompt payment of the interest on, principal of, and premium, if any, on such Securities of the Series due February 1, 2013 Senior Notes when and as the same shall become due and payable in accordance with the terms and provisions of the Indenture and this Supplemental Indenture and such Securities of the Series due February 1, 2013Senior Notes, either at the Stated Maturity thereofMaturity, upon acceleration of the maturity thereof or upon redemptionredemption of the Senior Notes, and (2) the full and prompt payment of any interest on such Securities of the Series due February 1, 2013 Senior Notes when and as the same shall become due and payable in accordance with the terms and provisions of the Indenture and this Supplemental Indenture and such Securities of the Series due February 1, 2013Senior Notes. The Trustee shall enforce all of its rights under the First Mortgage Indenture as a holder of the Related Issue of Collateral Bonds transferred to it as provided in this Article IV III for the benefit of the Holders of the Securities of the Series due February 1, 2013 Senior Notes and the proceeds of the enforcement of such rights shall be applied by the Trustee to satisfy the Company’s 's obligations under the Indenture, this Supplemental Indenture, Indenture and such Securities of the Series due February 1, 2013Senior Notes. The Company shall make payments of the principal of, and premium, if any, premium or interest on on, the Related Issue of Collateral Bonds to the Trustee, which payments shall be applied by the Trustee to satisfaction of all obligations then due on the Securities of the Series due February 1, 2013Senior Notes. The Related Issue of Collateral Bonds shall not be sold or transferred by the Trustee until the earlier of the Release Date or the prior retirement of the Securities of the Series due February 1, 2013 Senior Notes through redemption, repurchase or otherwise. Without limiting the generality of the foregoing, in no event shall the Collateral Bonds be sold or become the absolute property of any person in violation of the applicable provisions of Section 201.04(2) of the Wisconsin Statutes or any successor statutory provision. The “"Release Date” " shall be the date that all First Mortgage Bonds of the Company issued and outstanding under the First Mortgage Indenture, other than the Collateral Bonds, have been retired (at, before or after the maturity thereof) through payment, redemption or otherwise, provided that no Default default or Event of Default has occurred and, at such time, is continuing under the Indenture. A copy of the form of Collateral Bond is attached hereto as Appendix II and its terms are hereby incorporated by reference herein.
Appears in 1 contract
Samples: Fourth Supplemental Indenture (Michigan Consolidated Gas Co /Mi/)
TRANSFER OF COLLATERAL BONDS. The Company hereby issues, delivers and transfers to the Trustee (A) in connection with the issuance of the Securities of the Series due February 1Senior Secured Insured Quarterly Notes, 2013, TwentyFifty-Two Five Million Dollars ($22,000,00055,000,000) aggregate principal amount of a related issue of Collateral Bonds of the Company designated “"First Mortgage Bonds, Collateral Series F” C" and (B) in connection with the “issuance of the Senior Notes, Fifty-Five Million Dollars ($55,000,000) aggregate principal amount of a related issue of Collateral Bonds of the Company designated "First Mortgage Bonds, Collateral Series D" (each, a "Related Issue," as to the respective series of Securities it secures, together, the "Collateral Bonds”"), each of which has been fully registered in the name of the Trustee in such capacity, to be held in trust for the benefit of the Holders from time to time of the Related Issue of Securities of the Series due February 1, 2013 and, if such transfer does not constitute a sale of the Collateral Bonds to the Trustee, the Company hereby grants a perfected security interest in the Collateral Bonds for the benefit of such Holders, in each case as security for any and all obligations of the Company under the Indenture, this Supplemental Indenture and the Securities Related Issue of the Series due February 1, 2013Securities, including but not limited to (1) the full and prompt payment of the interest on, principal of, and premium, if any, on such the Securities of the Series due February 1, 2013 when and as the same shall become due and payable in accordance with the terms and provisions of the Indenture and this Supplemental Indenture and such Securities the Related Issue of the Series due February 1, 2013Securities, either at the Stated Maturity stated maturity thereof, upon acceleration of the maturity thereof or upon redemption, and (2) the full and prompt payment of any interest on such the Securities of the Series due February 1, 2013 when and as the same shall become due and payable in accordance with the terms and provisions of the Indenture and this Supplemental Indenture and such Securities or the Related Issue of the Series due February 1, 2013Securities. The Trustee shall enforce all of its rights under the First Mortgage Indenture as a holder of the Related Issue of Collateral Bonds transferred to it as provided in this Article IV III for the benefit of the Insurer and the Holders of the Related Issue of Securities of the Series due February 1, 2013 and the proceeds of the enforcement of such rights shall be applied by the Trustee to satisfy the Company’s 's obligations under the Indenture, this Supplemental Indenture, and such Securities the Related Issue of the Series due February 1, 2013Securities. The Company shall make payments of the principal of, and premium, if any, premium or interest on on, the Collateral Bonds to the Trustee, which payments shall be applied by the Trustee to satisfaction of all obligations then due on the Securities Related Issue of the Series due February 1, 2013Securities. The Collateral Bonds shall not be sold or transferred by the Trustee until the earlier of the Release Date or the prior retirement of the Securities of the Series due February 1, 2013 through redemption, repurchase or otherwise. Without limiting the generality of the foregoing, in no event shall the Collateral Bonds be sold or become the absolute property of any person in violation of the applicable provisions of Section 201.04(2) of the Wisconsin Statutes or any successor statutory provision. The “"Release Date” " shall be the date that all First Mortgage Bonds of the Company issued and outstanding under the First Mortgage Indenture, other than the Collateral Bonds, Bonds (as defined in the Senior Indenture) have been retired (at, before or after the maturity thereof) through payment, redemption or otherwise, otherwise provided that no Default or Event of Default has occurred and, at such time, is continuing under the Indenture. A copy Copies of the form forms of Collateral Bond is Bonds are attached hereto as Appendix II III and its IV, respectively, and their terms are hereby incorporated by reference herein.
Appears in 1 contract
Samples: Second Supplemental Indenture (Michigan Consolidated Gas Co /Mi/)
TRANSFER OF COLLATERAL BONDS. The Company hereby issues, delivers and transfers to the Trustee in connection with the issuance of the Securities of the Series due February 1, 2013, Twenty-Two 2011 One Hundred and Fifty Million Dollars ($22,000,000150,000,000) aggregate principal amount of a related issue of Collateral Bonds of the Company designated “"First Mortgage Bonds, Collateral Series F” B" (each, a "Related Issue," as to the “series of Securities it secures, and, the "Collateral Bonds”"), which has been fully registered in the name of the Trustee in such capacity, to be held in trust for the benefit of the Holders from time to time of the Related Issue of Securities of the Series due February 1, 2013 and, if such transfer does not constitute a sale of the Collateral Bonds to the Trustee, the Company hereby grants a perfected security interest in the Collateral Bonds for the benefit of such Holders, in each case as security for any and all obligations of the Company under the Indenture, this Supplemental Indenture and the Securities Related Issue of the Series due February 1, 2013Securities, including but not limited to (1) the full and prompt payment of the interest on, principal of, and premium, if any, on such Related Issue of Securities of the Series due February 1, 2013 when and as the same shall become due and payable in accordance with the terms and provisions of the Indenture and this Supplemental Indenture and such Securities Related Issue of the Series due February 1, 2013Securities, either at the Stated Maturity thereof, upon acceleration of the maturity thereof or upon redemption, and (2) the full and prompt payment of any interest on such Related Issue of Securities of the Series due February 1, 2013 when and as the same shall become due and payable in accordance with the terms and provisions of the Indenture and this Supplemental Indenture and such Securities Related Issue of the Series due February 1, 2013Securities. The Trustee shall enforce all of its rights under the First Mortgage Indenture as a holder of the each Related Issue of Collateral Bonds transferred to it as provided in this Article IV III for the benefit of the Holders of the respective Related Issue of Securities of the Series due February 1, 2013 and the proceeds of the enforcement of such rights shall be applied by the Trustee to satisfy the Company’s 's obligations under the Indenture, this Supplemental Indenture, and such Securities Related Issue of the Series due February 1, 2013Securities. The Company shall make payments of the principal of, and premium, if any, premium or interest on each of the Collateral Bonds to the Trustee, which payments shall be applied by the Trustee to satisfaction of all obligations then due on the Securities respective Related Issue of the Series due February 1, 2013Securities. The Collateral Bonds shall not be sold or transferred by the Trustee until the earlier of the Release Date or the prior retirement of the Related Issue of Securities of the Series due February 1, 2013 through redemption, repurchase or otherwise. Without limiting the generality of the foregoing, in no event shall the Collateral Bonds be sold or become the absolute property of any person in violation of the applicable provisions of Section 201.04(2182.04(2) of the Wisconsin Statutes or any successor statutory provision. The “"Release Date” " shall be the date that all First Mortgage Bonds of the Company issued and outstanding under the First Mortgage Indenture, other than the Collateral Bonds, have been retired (at, before or after the maturity thereof) through payment, redemption or otherwise, provided that no Default or Event of Default has occurred and, at such time, is continuing under the Indenture. A copy of the form of Collateral Bond is attached hereto as Appendix II and its terms are hereby incorporated by reference herein.
Appears in 1 contract
Samples: Second Supplemental Indenture (Wisconsin Public Service Corp)
TRANSFER OF COLLATERAL BONDS. The Company hereby issues, delivers and transfers to the Trustee in connection with the issuance of the Securities of the Series due February 1, 2013, 2015 One Hundred and Twenty-Two Five Million Dollars ($22,000,000125,000,000) aggregate principal amount of a related issue of Collateral Bonds of the Company designated “First Mortgage Bonds, Collateral Series FH” (each, a “Related Issue,” as to the series of Securities it secures, and, the “Collateral Bonds”), which has been fully registered in the name of the Trustee in such capacity, to be held in trust for the benefit of the Holders from time to time of the Related Issue of Securities of the Series due February 1, 2013 and, if such transfer does not constitute a sale of the Collateral Bonds to the Trustee, the Company hereby grants a perfected security interest in the Collateral Bonds for the benefit of such Holders, in each case as security for any and all obligations of the Company under the Indenture, this Supplemental Indenture and the Securities Related Issue of the Series due February 1, 2013Securities, including but not limited to (1) the full and prompt payment of the interest on, principal of, and premium, if any, on such Related Issue of Securities of the Series due February 1, 2013 when and as the same shall become due and payable in accordance with the terms and provisions of the Indenture and this Supplemental Indenture and such Securities Related Issue of the Series due February 1, 2013Securities, either at the Stated Maturity thereof, upon acceleration of the maturity thereof or upon redemption, and (2) the full and prompt payment of any interest on such Related Issue of Securities of the Series due February 1, 2013 when and as the same shall become due and payable in accordance with the terms and provisions of the Indenture and this Supplemental Indenture and such Securities Related Issue of the Series due February 1, 2013Securities. The Trustee shall enforce all of its rights under the First Mortgage Indenture as a holder of the each Related Issue of Collateral Bonds transferred to it as provided in this Article IV III for the benefit of the Holders of the respective Related Issue of Securities of the Series due February 1, 2013 and the proceeds of the enforcement of such rights shall be applied by the Trustee to satisfy the Company’s obligations under the Indenture, this Supplemental Indenture, and such Securities Related Issue of the Series due February 1, 2013Securities. The Company shall make payments of the principal of, and premium, if any, premium or interest on each of the Collateral Bonds to the Trustee, which payments shall be applied by the Trustee to satisfaction of all obligations then due on the Securities respective Related Issue of the Series due February 1, 2013Securities. The Collateral Bonds shall not be sold or transferred by the Trustee until the earlier of the Release Date or the prior retirement of the Related Issue of Securities of the Series due February 1, 2013 through redemption, repurchase or otherwise. Without limiting the generality of the foregoing, in no event shall the Collateral Bonds be sold or become the absolute property of any person in violation of the applicable provisions of Section 201.04(2) of the Wisconsin Statutes or any successor statutory provision. The “Release Date” shall be the date that all First Mortgage Bonds of the Company issued and outstanding under the First Mortgage Indenture, other than the Collateral Bonds, have been retired (at, before or after the maturity thereof) through payment, redemption or otherwise, provided that no Default or Event of Default has occurred and, at such time, is continuing under the Indenture. A copy of the form of Collateral Bond is attached hereto as Appendix II and its terms are hereby incorporated by reference herein.
Appears in 1 contract
Samples: Eighth Supplemental Indenture (Wisconsin Public Service Corp)
TRANSFER OF COLLATERAL BONDS. The Company hereby issues, delivers and transfers to the Trustee in connection with the issuance of the Securities of the Series due February 1Securities, 2013, Twenty-Two Million - Dollars ($22,000,000-) aggregate principal amount of a related issue of Collateral Bonds of the Company designated “"First Mortgage Bonds, Collateral Series F” -" (the “"Related Issue of Collateral Bonds”" or "Collateral Bonds"), which has been fully registered in the name of the Trustee in such capacity, to be held in trust for the benefit of the Holders from time to time of the Securities of the Series due February 1Securities, 2013 and, if such transfer does not constitute a sale of the Collateral Bonds to the Trustee, the Company hereby grants a security interest in the Collateral Bonds for the benefit of such Holders, in each case as security for any and all obligations of the Company in respect of the Securities of this series under the Indenture, this Supplemental Indenture and the Securities of the Series due February 1, 2013Securities, including but not limited to (1) the full and prompt payment of the interest on, principal of, and premium, if any, on such the Securities of the Series due February 1, 2013 when and as the same shall become due and payable in accordance with the terms and provisions of the Indenture and this Supplemental Indenture and such Securities of the Series due February 1, 2013Securities, either at the Stated Maturity thereofstated maturity, upon acceleration of the maturity thereof or upon redemptionredemption of the Securities, and (2) the full and prompt payment of any interest on such the Securities of the Series due February 1, 2013 when and as the same shall become due and payable in accordance with the terms and provisions of the Indenture and this Supplemental Indenture and such Securities of the Series due February 1, 2013Securities. The Trustee shall enforce all of its rights under the First Mortgage Indenture as a holder of the Related Issue of Collateral Bonds transferred to it as provided in this Article IV III for the benefit of the Holders of the Securities of the Series due February 1, 2013 and the proceeds of the enforcement of such rights shall be applied by the Trustee to satisfy the Company’s 's obligations under the Indenture, this Supplemental Indenture, Indenture and such Securities of the Series due February 1, 2013Securities. The Company shall make payments of the principal of, and premium, if any, premium or interest on on, the Collateral Bonds to the Trustee, which payments shall be applied by the Trustee to satisfaction of all obligations then due on the Securities of the Series due February 1, 2013. The Collateral Bonds shall not be sold or transferred by the Trustee until the earlier of the Release Date or the prior retirement of the Securities of the Series due February 1, 2013 through redemption, repurchase or otherwise. Without limiting the generality of the foregoing, in no event shall the Collateral Bonds be sold or become the absolute property of any person in violation of the applicable provisions of Section 201.04(2) of the Wisconsin Statutes or any successor statutory provision. The “Release Date” shall be the date that all First Mortgage Bonds of the Company issued and outstanding under the First Mortgage Indenture, other than the Collateral Bonds, have been retired (at, before or after the maturity thereof) through payment, redemption or otherwise, provided that no Default or Event of Default has occurred and, at such time, is continuing under the Indenture. A copy of the form of Collateral Bond is attached hereto as Appendix II and its terms are hereby incorporated by reference hereinSecurities.
Appears in 1 contract
Samples: Supplemental Indenture (Michigan Consolidated Gas Co /Mi/)
TRANSFER OF COLLATERAL BONDS. The Company hereby issues, delivers and transfers to the Trustee in connection with the issuance of the Securities of the Series due February 1, 2013, 2017 One Hundred and Twenty-Two Five Million Dollars ($22,000,000125,000,000) aggregate principal amount of a related issue of Collateral Bonds of the Company designated “First Mortgage Bonds, Collateral Series FG” (each, a “Related Issue,” as to the series of Securities it secures, and, the “Collateral Bonds”), which has been fully registered in the name of the Trustee in such capacity, to be held in trust for the benefit of the Holders from time to time of the Related Issue of Securities of the Series due February 1, 2013 and, if such transfer does not constitute a sale of the Collateral Bonds to the Trustee, the Company hereby grants a perfected security interest in the Collateral Bonds for the benefit of such Holders, in each case as security for any and all obligations of the Company under the Indenture, this Supplemental Indenture and the Securities Related Issue of the Series due February 1, 2013Securities, including but not limited to (1) the full and prompt payment of the interest on, principal of, and premium, if any, on such Related Issue of Securities of the Series due February 1, 2013 when and as the same shall become due and payable in accordance with the terms and provisions of the Indenture and this Supplemental Indenture and such Securities Related Issue of the Series due February 1, 2013Securities, either at the Stated Maturity thereof, upon acceleration of the maturity thereof or upon redemption, and (2) the full and prompt payment of any interest on such Related Issue of Securities of the Series due February 1, 2013 when and as the same shall become due and payable in accordance with the terms and provisions of the Indenture and this Supplemental Indenture and such Securities Related Issue of the Series due February 1, 2013Securities. The Trustee shall enforce all of its rights under the First Mortgage Indenture as a holder of the each Related Issue of Collateral Bonds transferred to it as provided in this Article IV III for the benefit of the Holders of the respective Related Issue of Securities of the Series due February 1, 2013 and the proceeds of the enforcement of such rights shall be applied by the Trustee to satisfy the Company’s obligations under the Indenture, this Supplemental Indenture, and such Securities Related Issue of the Series due February 1, 2013Securities. The Company shall make payments of the principal of, and premium, if any, premium or interest on each of the Collateral Bonds to the Trustee, which payments shall be applied by the Trustee to satisfaction of all obligations then due on the Securities respective Related Issue of the Series due February 1, 2013Securities. The Collateral Bonds shall not be sold or transferred by the Trustee until the earlier of the Release Date or the prior retirement of the Related Issue of Securities of the Series due February 1, 2013 through redemption, repurchase or otherwise. Without limiting the generality of the foregoing, in no event shall the Collateral Bonds be sold or become the absolute property of any person in violation of the applicable provisions of Section 201.04(2) of the Wisconsin Statutes or any successor statutory provision. The “Release Date” shall be the date that all First Mortgage Bonds of the Company issued and outstanding under the First Mortgage Indenture, other than the Collateral Bonds, have been retired (at, before or after the maturity thereof) through payment, redemption or otherwise, provided that no Default or Event of Default has occurred and, at such time, is continuing under the Indenture. A copy of the form of Collateral Bond is attached hereto as Appendix II and its terms are hereby incorporated by reference herein.
Appears in 1 contract
Samples: Seventh Supplemental Indenture (Wisconsin Public Service Corp)
TRANSFER OF COLLATERAL BONDS. The Company hereby issues, delivers and transfers to the Trustee in connection with the issuance of the Securities of the Series due February 1, 2013, Twenty-Two ___________ Fifty Million Dollars ($22,000,00050,000,000) aggregate principal amount of a related issue of Collateral Bonds of the Company designated “"First Mortgage Bonds, Collateral Series F” A" (each, a "Related Issue," as to the “series of Securities it secures, and, the "Collateral Bonds”"), which has been fully registered in the name of the Trustee in such capacity, to be held in trust for the benefit of the Holders from time to time of the Related Issue of Securities of the Series due February 1, 2013 and, if such transfer does not constitute a sale of the Collateral Bonds to the Trustee, the Company hereby grants a perfected security interest in the Collateral Bonds for the benefit of such Holders, in each case as security for any and all obligations of the Company under the Indenture, this Supplemental Indenture and the Securities Related Issue of the Series due February 1, 2013Securities, including but not limited to (1) the full and prompt payment of the interest on, principal of, and premium, if any, on such Related Issue of Securities of the Series due February 1, 2013 when and as the same shall become due and payable in accordance with the terms and provisions of the Indenture and this Supplemental Indenture and such Securities Related Issue of the Series due February 1, 2013Securities, either at the Stated Maturity thereof, upon acceleration of the maturity thereof or upon redemption, and (2) the full and prompt payment of any interest on such Related Issue of Securities of the Series due February 1, 2013 when and as the same shall become due and payable in accordance with the terms and provisions of the Indenture and this Supplemental Indenture and such Securities Related Issue of the Series due February 1, 2013Securities. The Trustee shall enforce all of its rights under the First Mortgage Indenture as a holder of the each Related Issue of Collateral Bonds transferred to it as provided in this Article IV III for the benefit of the Holders of the respective Related Issue of Securities of the Series due February 1, 2013 and the proceeds of the enforcement of such rights shall be applied by the Trustee to satisfy the Company’s 's obligations under the Indenture, this Supplemental Indenture, and such Securities Related Issue of the Series due February 1, 2013Securities. The Company shall make payments of the principal of, and premium, if any, premium or interest on each of the Collateral Bonds to the Trustee, which payments shall be applied by the Trustee to satisfaction of all obligations then due on the Securities respective Related Issue of the Series due February 1, 2013Securities. The Collateral Bonds shall not be sold or transferred by the Trustee until the earlier of the Release Date or the prior retirement of the Related Issue of Securities of the Series due February 1, 2013 through redemption, repurchase or otherwise. Without limiting the generality of the foregoing, in no event shall the Collateral Bonds be sold or become the absolute property of any person in violation of the applicable provisions of Section 201.04(2) of the Wisconsin Statutes or any successor statutory provision. The “"Release Date” " shall be the date that all First Mortgage Bonds of the Company issued and outstanding under the First Mortgage Indenture, other than the Collateral Bonds, have been retired (at, before or after the maturity thereof) through payment, redemption or otherwise, provided that no Default or Event of Default has occurred and, at such time, is continuing under the Indenture. A copy of the form forms of Collateral Bond is attached hereto as Appendix II and its terms are hereby incorporated by reference herein.
Appears in 1 contract
Samples: Supplemental Indenture (Wisconsin Public Service Corp)