BALTIMORE GAS AND ELECTRIC COMPANY, Issuer TO DEUTSCHE BANK TRUST COMPANY AMERICAS, Trustee
Exhibit No. 4(c)
BALTIMORE GAS AND ELECTRIC COMPANY,
Issuer
TO
DEUTSCHE BANK TRUST COMPANY AMERICAS,
Trustee
Supplemental Indenture No. 1
Dated as of October 1, 2009
Supplemental to the Indenture and Security Agreement
dated as of July 9, 2009
Amendment
Supplemental Indenture Xx. 0
Xxxxxxxxxxxx Xxxxxxxxx Xx. 0, dated as of October 1, 2009 made by and between BALTIMORE GAS AND ELECTRIC COMPANY, a corporation organized and existing under the laws of the State of Maryland (hereinafter sometimes called the “Company”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, a banking corporation organized and existing under the laws of the State of New York (hereinafter sometimes called the “Trustee”), as Trustee under the Indenture and Security Agreement, dated as of July 9, 2009 (hereinafter called the “Original Indenture”), this Supplemental Indenture No. 1 being supplemental thereto. The Original Indenture and any and all indentures and instruments supplemental thereto are hereafter sometimes collectively called the “Indenture.”
Recitals of the Company
As contemplated by Section 1301(l) of the Original Indenture, the Company wishes to delete the last paragraph of Section 103 of the Original Indenture. This change does not adversely affect the interests of the Holders of Securities of any series or Tranche in any material respect because no Securities have been issued under the Indenture.
NOW, THEREFORE, THIS SUPPLEMENTAL INDENTURE NO. 1 WITNESSETH, that, for and in consideration of the premises and other good and valuable consideration, it is mutually covenanted and agreed, as follows:
ARTICLE ONE.
Amendment
SECTION 1. The last paragraph of Section 103 of the Original Indenture is hereby deleted.
ARTICLE TWO.
Miscellaneous Provisions
SECTION 1. This Supplemental Indenture No. 1 is a supplement to the Original Indenture. As supplemented by this Supplemental Indenture No. 1, the Indenture is in all respects ratified, approved and confirmed, and the Original Indenture and this Supplemental Indenture No. 1 shall together constitute the Indenture.
SECTION 2. The recitals contained in this Supplemental Indenture No. 1 shall be taken as the statements of the Company, and the Trustee assumes no responsibility for their correctness and makes no representations as to the validity or sufficiency of this Supplemental Indenture No. 1.
This instrument 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.
2
IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Indenture No. 1 to be duly executed as of the day and year first above written.
|
|
|
BALTIMORE GAS AND ELECTRIC COMPANY |
||
|
|
|
|
||
|
|
|
|
||
|
|
|
By: |
/s/ Xxxxxxxxxxx X. Xxxxxxxxx |
|
|
|
|
|
Name: |
Xxxxxxxxxxx X. Xxxxxxxxx |
|
|
|
|
Title: |
Vice President and Treasurer |
|
|
|
|
||
|
Executed by Baltimore Gas and Electric Company in the presence of: |
|
|
||
|
|
|
|
||
|
/s/ Xxxx X. Xxxxx |
|
|
||
|
|
|
|
||
|
|
|
|
||
|
/s/ Xxx Xxxx |
|
|
||
3
|
|
|
DEUTSCHE BANK TRUST COMPANY AMERICAS |
|
|
|
|
|
as Trustee |
|
|
|
|
|
|
|
|
|
|
|
|
|
By: |
/s/ Xxxxx X. Xxxxxxxxxxxxx |
|
|
|
|
Name: Xxxxx X. Xxxxxxxxxxxxx |
|
|
|
|
Title: Vice President |
|
|
|
|
|
|
|
|
|
|
|
|
|
And: |
/s/ Xxxxx Xxxxxxx |
|
|
|
|
Name: Xxxxx Xxxxxxx |
|
|
|
|
Title: Vice President |
|
|
|
|
|
|
Executed by Deutsche Bank Trust Company Americas in the presence of: |
|
|
|
|
|
|
|
|
|
Signature illegible |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Signature illegible |
|
|
|
4
|
STATE OF MARYLAND |
) |
|
|
|
) SS.: |
|
|
CITY/COUNTY OF XXXX ARUNDEL |
) |
|
On this 1st day of October, 2009, before me, a Notary Public within and for said City/County, personally appeared Xxxxxxxxxxx X. Xxxxxxxxx, to me personally known to be Vice President and Treasurer of BALTIMORE GAS AND ELECTRIC COMPANY, a Maryland corporation, the corporation which executed the within instrument, and who, being by me duly sworn, did say that he is Vice President and Treasurer of BALTIMORE GAS AND ELECTRIC COMPANY, the corporation named in the foregoing instrument; that said instrument was signed in behalf of said corporation by authority of its Board of Directors; and said Xxxxxxxxxxx X. Xxxxxxxxx acknowledged to me said instrument to be the free act and deed of said corporation, and that said corporation executed the same.
|
|
/s/ Xxxxx Xxxx Xxxxxx |
|
|
Notary Public, State of Maryland |
|
|
Commission Expires: 1/1/2010 |
5
|
STATE OF NEW YORK |
) |
|
|
|
) ss.: |
|
|
COUNTY OF NEW YORK |
) |
|
On this 2nd day of October, 2009, before me, a notary public, the undersigned officer, personally appeared Xxxxx X. Xxxxxxxxxxxxx and Xxxxx Xxxxxxx, each of whom acknowledges that she is a Vice President of DEUTSCHE BANK TRUST COMPANY AMERICAS and that she, as such officer, being authorized to do so, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by herself as such officer.
In witness whereof, I hereunto set my hand and official seal.
|
|
/s/ Xxxxxxx X. Xxxxxxxxxx |
|
|
|
|
|
Notary Public, State of New York |
|
|
New York County |
|
|
Lic. #01SC6179122 |
|
|
Commission Expires 12/24/2011 |
6
