REA Project Designation:
TENNESSEE 521-M DEKALB
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AMENDMENT
Dated as of February 13, 1970
to
TELEPHONE
LOAN CONTRACT
Dated as of October 15, 1951, as amended,
between
DEKALB TELEPHONE COOPERATIVE
and
UNITED STATES OF AMERICA
Identified as form of document presented to and approved
by the board of directors trustees of the above named
corporation at a meeting held March 25, 1970
/s/ Xxxxxxx Xxxx
-------------------------
Secretary of Meeting
UNITED STATES DEPARTMENT OF AGRICULTURE
RURAL ELECTRIFICATION ADMINISTRATION
No. A
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AGREEMENT, made as of February 13, 1970, pursuant to
the Rural Electrification Act of 1936, as amended (7 U. S.
C. 901 et seq.) between DEKALB TELEPHONE COOPERATIVE
(hereinafter called the "Borrower"), a corporation existing
under the laws of the State of Tennessee, and UNITED STATES
OF AMERICA (hereinafter called the "Government"), acting
through the Administrator of the Rural Electrification
Administration.
WHEREAS, the Government and the Borrower have heretofore entered into
a certain telephone loan contract, dated as of October 15, 1951, and nine
certain amendments thereto, dated, respectively, as of March 9, 1953, as of
February 15, 1954, as of November 15, 1954, as of November 15, 1957, as of
November 9, 1959, as of June 20, 1961, as of June 8, 1964, as of March 23,
1966 and as of July 1, 1968, (said telephone loan contract, as so amended,
being hereinafter called the "Loan Contract"), and intend by this agreement
to amend the Loan Contract by increasing the aggregate amount of the loans
therein provided for by an amount not in excess of $500,000, and in certain
other respects.
NOW, THEREFORE, for and in consideration of the mutual agreements
herein contained, the Government and the Borrower agree as follows:
SECTION 1. Section 1.1 of article I of the Loan Contract is amended
to read as follows:
SECTION 1.1. Amount and Purpose. For the purpose of
furnishing telephone service in rural areas, the Government shall
lend and the Borrower shall borrow an amount not in excess of
$6,571,000 which, together with the sum of $57,983 of equity funds
to be deposited by the Borrower in the "Special Construction Account"
hereinafter defined and provided for in section 2.4, shall be used
to finance, pursuant to the provisions of the Act, the acquisition,
construction and operation of telephone lines and facilities
(hereinafter called the "Project") to serve approximately 6,609
subscribers and to be located in the Counties of Xxxxxx, Dekalb,
Xxxxxxxxxx, Xxxxx and Xxxxxx, and in counties contiguous thereto, all
in the State of Tennessee.
SEC. 2. Article II of the Loan Contract is amended by deleting
therefrom section 2.9 (relating to "Relation of General Funds Level to
Advances") and section 2.11 (relating to "Construction Schedule").
SEC. 3. Article II of the Loan Contract is further amended by adding
thereto a new section numbered and reading as follows:
SEC. 2.12. Prerequisites to Advances on Account of
Additional Loan of $500,000. Notwithstanding anything in this
agreement, the Government shall be under no obligation to advance any
portion of the increase of $500,000 in the amount of the Loan
provided for in the agreement, dated as of February 13, 1970,
(hereinafter called the "M-Loan"), made by and between the Borrower
and the Government unless and until the Borrower shall have submitted
evidence, satisfactory to the Administrator that the Board of
Directors has adopted a revised tariff or rate schedule which
provides for 2-party rural rates without a mileage charge and zone
rates for 1-party service outside the base rate area for the
Auburntown, Xxxxxx and Xxxxxx exchanges (being upgraded under the M
Loan) and which rates shall be satisfactory to the Administrator.
SEC. 4. This agreement may be simultaneously executed and delivered
in two or more counterparts, each of which so executed and delivered shall be
deemed to be an original, and all shall constitute but one and the same
instrument.
IN WITNESS WHEREOF the Borrower has caused this agreement to be
signed in its corporate name and its corporate seal to be hereunto affixed
and attested by its officers thereunto duly authorized, and the Government
has caused this agreement to be duly executed, all as of the day and year
first above written.
(Seal) DEKALB TELEPHONE COOPERATIVE
Attest: /s/ Xxxxxxx Xxxx by /s/ Xxx Xxxxxxx
Secretary President
UNITED STATES OF AMERICA
by /s/
Administrator
of
Rural Electrification Administration
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