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Thirtieth Supplemental Indenture
Dated as of December 1, 1995
(Supplemental to Indenture Dated as of March 15, 1946)
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PENNSYLVANIA GAS AND WATER COMPANY
(formerly Scranton-Spring Brook Water Service Company)
TO
FIRST TRUST OF NEW YORK, NATIONAL ASSOCIATION
Trustee
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THIRTIETH SUPPLEMENTAL INDENTURE, dated as of the first day of December 1995,
made by and between PENNSYLVANIA GAS AND WATER COMPANY (formerly
Scranton-Spring Brook Water Service Company), a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania (hereinafter
sometimes called the "Company"), and FIRST TRUST OF NEW YORK, NATIONAL
ASSOCIATION, a national banking association organized and existing under the
laws of the United States, and having its principal place of business at Xx.
000 Xxxx Xxxxxx, Xxxxx 0000, in The City of New York, New York, as Trustee
(hereinafter sometimes called the "Trustee").
WHEREAS, the Company executed and delivered its Indenture (hereinafter called
the "Original Indenture") dated as of March 15, 1946, to Xxxxxx Guaranty Trust
Company of New York ("Xxxxxx") (formerly Guaranty Trust Company of New York),
to secure its First Mortgage Bonds and has executed and delivered twenty-nine
indentures supplemental thereto dated respectively as of February 15, 1951; as
of September 15, 1951; as of January 15, 1952; as of March 15, 1952; as of June
15, 1952; as of December 1, 1954; as of April 15, 1956; as of November 15,
1956; as of March 15, 1957; as of September 1, 1958; as of April 15, 1959; as
of July 15, 1960; as of October 31, 1961; as of December 15, 1961; as of
December 15, 1963; as of June 15, 1966; as of October 15, 1967; as of May 1,
1970; as of June 1, 1972; as of March 1, 1976; as of December 1, 1976; as of
August 15, 1989; as of August 15, 1989; as of September 1, 1991; as of
September 1, 1992; as of December 1, 1992; as of December 1, 1992; as of
December 1, 1993; and as of November 1, 1994 (the Original Indenture as
heretofore supplemented and to be supplemented by this Thirtieth Supplemental
Indenture, and as the same may be further supplemented by additional indentures
supplemental thereto, being hereinafter collectively called the "Indenture");
and
WHEREAS, the Company, Xxxxxx and the Trustee executed and delivered the
Resignation, Successor Appointment and Acceptance Agreement dated as of
September 2, 1994, pursuant to which the Trustee became successor trustee under
the Indenture; and
WHEREAS, the Company at November 1, 1995 (i) had retired all of the original
issue of $24,500,000 principal amount of bonds of a series designated First
Mortgage Bonds 27/8% Series due 1976 (hereinafter called "bonds of the First
Series"), all of the original issue of $4,000,000 principal amount of bonds of
a series designated First Mortgage Bonds 31/2% Series due 1982, all of the
original issue of $1,000,000 principal amount of bonds of a series designated
First Mortgage Bonds 47/8% Series due 1987, all of the original issue of
$2,000,000 principal amount of bonds of a series designated First Mortgage
Bonds 43/4% Series due 1983, all of the original issue of $3,000,000 principal
amount of bonds of a series designated First Mortgage Bonds 51/2% Series due
1985, all of the original issue of $3,000,000 principal amount of bonds of a
series designated First Mortgage Bonds 5% Series due 1986, all of the original
issue of $5,000,000 principal amount of
bonds of a series designated First Mortgage Bonds 45/8% Series due 1988, all of
the original issue of $4,000,000 principal amount of bonds of a series
designated First Mortgage Bonds 57/8% Series due 1991, all of the original
issue of $15,000,000 principal amount of bonds of a series designated First
Mortgage Bonds 9% Series due 1991, all of the original issue of $10,000,000
principal amount of bonds of a series designated First Mortgage Bonds 67/8%
Series due 1992, all of the original issue of $12,000,000 principal amount of
bonds of a series designated First Mortgage Bonds 10% Series due 1995, all of
the original issue of $20,000,000 principal amount of bonds of a series
designated First Mortgage Bonds 91/4% Series due 1996, all of the original
issue of $7,000,000 principal amount of bonds of a series designated First
Mortgage Bonds 8% Series due 1997 and all of the original issue of $50,000,000
principal amount of bonds of a series designated First Mortgage Bonds 9.57%
Series due 1996 and (ii) had outstanding and secured by the Original Indenture,
as so supplemented to the date hereof, $10,000,000 (of an original issue of
$10,000,000) principal amount of bonds of a series designated First Mortgage
Bonds 9.23% Series due 1999, $15,000,000 (of an original issue of $15,000,000)
principal amount of bonds of a series designated First Mortgage Bonds 9.34%
Series due 2019, $50,000,000 (of an original issue of $50,000,000) principal
amount of bonds of a series designated First Mortgage Bonds 7.20% Series due
2017, $30,000,000 (of an original issue of $30,000,000) principal amount of
bonds of a series designated First Mortgage Bonds 8.375% Series due 2002,
$30,000,000 (of an original issue of $30,000,000) principal amount of bonds of
a series designated First Mortgage Bonds 7.125% Series due 2022, $19,000,000
(of an original issue of $19,000,000) principal amount of bonds of a series
designated First Mortgage Bonds 6.05% Series due 2019 and $30,000,000 (of an
original issue of $30,000,000) principal amount of bonds of a series designated
First Mortgage Bonds 7% Series due 2017; and
WHEREAS, Section 14.01 of the Original Indenture provides, among other
things, that the Company, when authorized by a resolution of its Board of
Directors, and the Trustee from time to time may enter into an indenture or
indentures supplemental thereto and which thereafter shall form a part thereof
for the purpose of modifying any provisions of the Indenture provided that such
modifications have been approved in accordance with Article 15 of the Original
Indenture by the holders of bonds issued and outstanding under the Indenture;
and
WHEREAS, Section 14.02 of the Original Indenture provides that the Trustee is
authorized to join with the Company in the execution of any such supplemental
indenture; and
WHEREAS, all requirements of law and of the restated articles of
incorporation, as amended, and by-laws of the Company, including all requisite
action on the part of its directors and officers, relating to the execution of
this Thirtieth Supplemental Indenture have been complied with and observed, all
approvals of holders of bonds issued and outstanding under the Indenture
required pursuant to Article 15
2
of the Original Indenture in connection with this Thirtieth Supplemental
Indenture have been obtained, and all things necessary to make this Thirtieth
Supplemental Indenture a valid and legally binding instrument in accordance
with its terms for the security of all bonds from time to time issued under the
Indenture have happened, been done and been performed;
NOW THEREFORE, THIS THIRTIETH SUPPLEMENTAL INDENTURE WITNESSETH: That
Pennsylvania Gas and Water Company, intending to be legally bound, in
consideration of the premises and of One Dollar ($1.00) to it duly paid by the
Trustee at or before the ensealing and delivery of these presents, the receipt
whereof is hereby acknowledged, and in order to secure the payment of the
principal of, premium, if any, and interest on all bonds from time to time
outstanding under the Indenture, according to the terms of said bonds and to
secure the performance and observance of all the covenants and conditions
therein and in the Indenture contained, hath granted, bargained, sold,
warranted, aliened, remised, released, conveyed, assigned, transferred,
mortgaged, created a security interest in, pledged, set over and confirmed, and
by these presents doth grant, bargain, sell, warrant, alien, remise, release,
convey, assign, transfer, mortgage, create a security interest in, pledge, set
over and confirm unto First Trust of New York, National Association, as
Trustee, and its successor or successors in the trust and its or their assigns
forever, the following described property-that is to say:
All property, real, personal and mixed, tangible and intangible, of the
Company whether now owned or hereafter acquired by it (except such property as
is expressly excepted from the lien and the operation of the Indenture).
Without limitation of the foregoing, all real estate and interests in or
relating to real estate, plants, properties and equipment, and all pumping and
transmission systems and facilities, together with all franchises, grants,
easements, permits, privileges, appurtenances, tenements and other rights and
property thereunto belonging or appertaining, whether now owned by the Company
or hereafter acquired by it and used in its business of impounding, storing,
transporting and selling water, or in its business of manufacturing, storing,
transporting and selling gas, at wholesale or retail, for domestic, commercial,
industrial and municipal use and consumption.
Also, without limitation of the foregoing, all buildings, improvements,
standpipes, towers, reservoirs, xxxxx, springs, flumes, sluices, canals,
basins, cribs, mains, conduits, hydrants, valves, pipes, pipe lines, service
pipes, tanks, shops, structures, purification systems, pumping stations, pumps,
meters, fixtures machinery and equipment, used or useful for the impounding,
procuring, transmission or distribution of water; all generators, conveyors,
purifiers, holders, power plants, fixtures, engines, boilers, pumps, meters,
transmission and distribution mains, machinery and equipment used or useful for
the manufacture, transmission or distribution of gas; and all and every
character of apparatus whatsoever used or useful for procuring, manufacturing,
transmitting or distributing water or gas; whether the same or any thereof are
now owned by the Company or hereafter acquired by it.
3
Also, without limitation of the foregoing, all real estate and interests in
real estate acquired by sale or by merger of subsidiary or constituent
companies, now owned or as may be subsequently acquired by the Company.
The property covered by the lien of the Indenture shall include particularly,
among other property, without prejudice to the generality of the language
hereinbefore or hereinafter contained, the following described property (which
generally includes property additions through October 31, 1995, except such
property as is expressly excepted from the lien and operation of the
Indenture):
I
The following piece or parcel of land situate in the County of Lackawanna and
Commonwealth of Pennsylvania, to wit:
(S) 01. Parcel of land situate in the Township of Carbondale, Lackawanna
County, from Xxxx X. Xxxxxxx and Xxxxx Xxxxxxx, his wife, by Deed dated
November 28, 1994 and recorded December 8, 1994 in Lackawanna County Deed Book
1494 at Page 553. Containing Three and Two One-Hundredths (3.02) acres, more or
less.
II
The following rights-of-way and/or easements situate in the County of
Columbia and Commonwealth of Pennsylvania, to wit:
(S) 01. Right-of-way for gas pipeline in the Borough of Berwick, Columbia
County, from Xxxxxx X. Xxxxxx, et ux, by Indenture dated November 16, 1994 and
recorded December 22, 1994 in Columbia County Record Book 587 at Page 77.
(S) 02. Right-of-way for gas pipeline in the Township of Briar Creek,
Columbia County, from Xxxxxx X. Xxxxxxxx, et ux, by Indenture dated November
21, 1994 and recorded December 22, 1994 in Columbia County Record Book 587 at
Page 80.
(S) 03. Right-of-way for gas pipeline in the Township of Briar Creek,
Columbia County, from Roman Catholic Congregation, et al, by Indenture dated
November 30, 1994 and recorded December 22, 1994 in Columbia County Record Book
587 at Page 86.
(S) 04. Right-of-way for gas pipeline in the Town of Bloomsburg, Columbia
County, from Xxxx Xxxxx Xxxxxxx, by Indenture dated January 25, 1995 and
recorded February 6, 1995 in Columbia County Record Book 589 at Page 869.
4
(S) 05. Right-of-way for gas pipeline in the Town of Bloomsburg, Columbia
County, from Shangrila Development Corporation, by Indenture dated February 1,
1995 and recorded February 6, 1995 in Columbia County Record Book 589 at Page
865.
(S) 06. Right-of-way for gas pipeline in the Township of Xxxxx, Columbia
County, from Xxxx X. Xxxxxxx, et ux, by Indenture dated February 9, 1995 and
recorded March 2, 1995 in Columbia County Record Book 591 at Page 178.
(S) 07. Right-of-way for gas pipeline in the Township of Xxxxx, Columbia
County, from Xxxxxxx X. Xxxxxx, et ux, et al, by Indenture dated February 22,
1995 and recorded March 10, 1995 in Columbia County Record Book 591 at Page
753.
(S) 08. Right-of-way for gas pipeline in the Township of South Centre,
Columbia County, from Star-Xxxx Foods, Inc., by Indenture dated March 11, 1995
and recorded April 18, 1995 in Columbia County Record Book 594 at Page 227.
(S) 09. Right-of-way for gas pipeline in the Township of Xxxxx, Columbia
County, from Xxxxxxx X. Xxxxx, et ux, by Indenture dated March 21, 1995 and
recorded April 18, 1995 in Columbia County Record Book 594 at Page 231.
(S) 10. Right-of-way for gas pipeline in the Township of Xxxxx, Columbia
County, from Xxxxxx Xxx Xxxxx, by Indenture dated April 12, 1995 and recorded
April 18, 1995 in Columbia County Record Book 594 at Page 234.
(S) 11. Right-of-way for gas pipeline in the Borough of Berwick, Columbia
County, from Xxxxxx X. Xxxxxxx, et al, by Indenture dated June 20, 1995 and
recorded July 25, 1995 in Columbia County Record Book 601 at Page 870.
(S) 12. Right-of-way for gas pipeline in the Township of Montour, Columbia
County, from Xxxx X. Xxxxxxx, et ux, by Indenture dated August 17, 1995 and
recorded August 31, 1995 in Columbia County Record Book 604 at Page 968.
(S) 13. Right-of-way for gas pipeline in the Township of Montour, Columbia
County, from Xxxxxx X. Xxxxxxxxx, by Indenture dated August 17, 1995 and
recorded August 31, 1995 in Columbia County Record Book 604 at Page 971.
(S) 14. Right-of-way for gas pipeline in the Township of Montour, Columbia
County, from H&C Realty Corporation, by Indenture dated August 25, 1995 and
recorded August 31, 1995 in Columbia County Record Book 604 at Page 974.
III
The following rights-of-way and/or easements situate in the County of
Lackawanna and Commonwealth of Pennsylvania, to wit:
(S) 01. Right-of-way for water pipeline in the City of Scranton, Lackawanna
County, from Xxxxx X. Xxxx, et al, by Indenture dated September 3, 1993 and
recorded June 8, 1995 in Lackawanna County Deed Book 1511 at Page 703.
5
(S) 02. Right-of-way for gas pipeline in the Borough of Xxxxxx, Lackawanna
County, from Xxxxxxx X. Xxxx, et ux, et al, by Indenture dated October 15, 1993
and recorded October 20, 1993 in Lackawanna County Deed Book 1451 at Page 186.
(S) 03. Right-of-way for gas pipeline in the City of Scranton, Lackawanna
County, from Xxxxx Xxxxxx, et ux, by Indenture dated April 25, 1994 and
recorded December 22, 1994 in Lackawanna County Deed Book 1496 at Page 426.
(S) 04. Right-of-way for water pipeline in the Borough of Archbald,
Lackawanna County, from East Side Hose Company, No. 4, by Indenture dated June
15, 1994 and recorded June 8, 1995 in Lackawanna County Deed Book 1511 at Page
690.
(S) 05. Right-of-way for gas pipeline in the Borough of Archbald, Lackawanna
County, from East Side Hose Company, No. 4, by Indenture dated June 15, 1994
and recorded June 8, 1995 in Lackawanna County Deed Book 1511 at Page 694.
(S) 06. Right-of-way for gas pipeline in the Township of Abington, Lackawanna
County, from Xxxx Xxxxxxx, et ux, by Indenture dated June 30, 1994 and recorded
February 17, 1995 in Lackawanna County Deed Book 1501 at Page 252.
(S) 07. Right-of-way for gas pipeline in the Borough of Archbald, Lackawanna
County, from Valley View School District, by Indenture dated July 28, 1994 and
recorded November 14, 1994 in Lackawanna County Deed Book 1491 at Page 732.
(S) 08. Right-of-way for gas pipeline in the Borough of Xxxxxxx, Lackawanna
County, from Xxxxxxx Xxxxxx, et ux, by Indenture dated August 5, 1994 and
recorded October 5, 1994 in Lackawanna County Deed Book 1487 at Page 414.
(S) 09. Right-of-way for gas pipeline in the Borough of Moosic, Lackawanna
County, from Xxxxxxxxx Development Limited Partnership, by Indenture dated
August 15, 1994 and recorded November 14, 1994 in Lackawanna County Deed Book
1491 at Page 736.
(S) 10. Right-of-way for water pipeline in the Borough of Moosic, Lackawanna
County, from Xxxxxxxxx Development Limited Partnership, by Indenture dated
August 15, 1994 and recorded November 14, 1994 in Lackawanna County Deed Book
1491 at Page 741.
(S) 11. Right-of-way for gas pipeline in the Township of Abington, Lackawanna
County, from Xxxxxx X. Xxxxxx, et ux, by Indenture dated August 19, 1994 and
recorded November 14, 1994 in Lackawanna County Deed Book 1491 at Page 746.
6
(S) 12. Right-of-way for gas pipeline in the Borough of Dunmore, Lackawanna
County, from Xxxx X. Xxxxxxxx, et ux, by Indenture dated August 20, 1994 and
recorded November 14, 1994 in Lackawanna County Deed Book 1491 at Page 750.
(S) 13. Right-of-way for gas pipeline in the Borough of Xxxxxxx, Lackawanna
County, from Xxxxx Xxxxxxxx, et ux, by Indenture dated August 28, 1994 and
recorded November 14, 1994 in Lackawanna County Deed Book 1491 at Page 754.
(S) 14. Right-of-way for gas pipeline in the Borough of Xxxxxx, Lackawanna
County, from Envirotest/Synterra Partners, by Indenture dated September 2, 1994
and recorded October 5, 1994 in Lackawanna County Deed Book 1487 at Page 418.
(S) 15. Right-of-way for gas pipeline in the Township of South Abington,
Lackawanna County, from Nikelle, Inc., by Indenture dated September 9, 1994 and
recorded October 5, 1994 in Lackawanna County Deed Book 1487 at Page 423.
(S) 16. Right-of-way for gas pipeline in the Borough of Old Forge, Lackawanna
County, from Evo X. Xxxxxxx, et ux, by Indenture dated September 22, 1994 and
recorded November 14, 1994 in Lackawanna County Deed Book 1491 at Page 770.
(S) 17. Right-of-way for ground bed for cathodic protection in the Borough of
Xxxxxxx City, Lackawanna County, from Borough of Xxxxxxx City, by Indenture
dated September 26, 1994 and recorded November 14, 1994 in Lackawanna County
Deed Book 1491 at Page 774.
(S) 18. Right-of-way for water pipeline in the City of Scranton, Lackawanna
County, from Xxxxx X. Xxxxxx, et ux, by Indenture dated September 27, 1994 and
recorded November 14, 1994 in Lackawanna County Deed Book 1491 at Page 778.
(S) 19. Right-of-way for gas pipeline in the Borough of Xxxxxxx City,
Lackawanna County, from Wegmans Food Markets, Inc., by Indenture dated
October 3, 1994 and recorded March 13, 1995 in Lackawanna County Deed Book 1503
at Page 278.
(S) 20. Right-of-way for water pipeline in the Borough of Xxxxxxx City,
Lackawanna County, from Wegman's Food Markets, Inc., by Indenture dated
October 3, 1994 and recorded November 14, 1994 in Lackawanna County Deed Book
1491 at Page 758.
(S) 21. Right-of-way for gas pipeline in the Township of Abington, Lackawanna
County, from Xxxxxx X. Xxxxxxx, et ux, by Indenture dated October 5, 1994 and
recorded November 14, 1994 in Lackawanna County Deed Book 1491 at Page 766.
7
(S) 22. Right-of-way for gas pipeline in the City of Scranton, Lackawanna
County, from Xxxxxxx X. Boston, et ux, by Indenture dated October 6, 1994 and
recorded November 14, 1994 in Lackawanna County Deed Book 1491 at Page 782.
(S) 23. Right-of-way for gas pipeline in the Borough of Clarks Summit,
Lackawanna County, from Xxxxxxx X. Xxxxxxx, et ux, by Indenture dated October
10, 1994 and recorded November 14, 1994 in Lackawanna County Deed Book 1491 at
Page 786.
(S) 24. Right-of-way for gas pipeline in the Borough of Olyphant, Lackawanna
County, from Xxxx Xxxx, by Indenture dated October 19, 1994 and recorded
November 14, 1994 in Lackawanna County Deed Book 1491 at Page 790.
(S) 25. Right-of-way for gas pipeline in the Township of Xxxxx, Lackawanna
County, from Xxxxxxxx X. Xxxxxxx, by Indenture dated October 21, 1994 and
recorded November 14, 1994 in Lackawanna County Deed Book 1491 at Page 794.
(S) 26. Right-of-way for gas pipeline in the Borough of Clarks Summit,
Lackawanna County, from Xxxxx Xxxxxxx, et ux, by Indenture dated October 25,
1994 and recorded November 14, 1994 in Lackawanna County Deed Book 1491 at Page
798.
(S) 27. Right-of-way for gas pipeline in the Township of Abington, Lackawanna
County, from Xxxxx X. Xxxxx, et ux, by Indenture dated October 31, 1994 and
recorded November 14, 1994 in Lackawanna County Deed Book 1492 at Page 1.
(S) 28. Right-of-way for gas pipeline in the City of Carbondale, Lackawanna
County, from Xxxxxx X. XxXxxx, et ux, by Indenture dated November 8, 1994 and
recorded December 22, 1994 in Lackawanna County Deed Book 1496 at Page 430.
(S) 29. Right-of-way for gas pipeline in the Borough of Moosic, Lackawanna
County, from Xxxxxxx X. Xxxxxxx, by Indenture dated November 23, 1994 and
recorded December 22, 1994 in Lackawanna County Deed Book 1496 at Page 434.
(S) 30. Right-of-way for gas pipeline in the Borough of Dunmore, Lackawanna
County, from Xxxxxxx X. Xxxxxx, et ux, by Indenture dated December 2, 1994 and
recorded December 22, 1994 in Lackawanna County Deed Book 1496 at Page 438.
(S) 31. Right-of-way for gas pipeline in the City of Scranton, Lackawanna
County, from Xxxxxx Xxxxxxxx, et al, by Indenture dated December 14, 1994 and
recorded February 8, 1995 in Lackawanna County Deed Book 1500 at Page 425.
(S) 32. Right-of-way for gas pipeline in the City of Scranton, Lackawanna
County, from Xxxxxx Xxxxxxx, et ux, by Indenture dated December 20, 1994 and
recorded February 8, 1995 in Lackawanna County Deed Book 1500 at Page 429.
8
(S) 33. Right-of-way for gas pipeline in the City of Carbondale, Lackawanna
County, from Xxxxxxx X. Xxxxxxx, et ux, by Indenture dated December 23, 1994
and recorded February 8, 1995 in Lackawanna County Deed Book 1500 at Page 433.
(S) 34. Right-of-way for gas pipeline in the Borough of Dunmore, Lackawanna
County, from Xxx X. Xxxxxxxx, et ux, by Indenture dated December 23, 1994 and
recorded February 8, 1995 in Lackawanna County Deed Book 1500 at Page 437.
(S) 35. Right-of-way for gas pipeline in the Township of Abington, Lackawanna
County, from Xxx X. Xxxxx, et ux, by Indenture dated December 23, 1994 and
recorded February 8, 1995 in Lackawanna County Deed Book 1500 at Page 441.
(S) 36. Right-of-way for gas pipeline in the Borough of Clarks Summit,
Lackawanna County, from Highland Associates II, et al, by Indenture dated
January 4, 1994 and recorded March 13, 1995 in Lackawanna County Deed Book 1503
at Page 285.
(S) 37. Right-of-way for gas pipeline in the Borough of Clarks Summit,
Lackawanna County, from Xxxx Xxxxx, et ux, by Indenture dated January 13, 1995
and recorded February 8, 1995 in Lackawanna County Deed Book 1500 at Page 445.
(S) 38. Right-of-way for gas pipeline in the Borough of Dunmore, Lackawanna
County, from Xxxxxx X. Xxxxx, et ux, by Indenture dated January 31, 1995 and
recorded March 13, 1995 in Lackawanna County Deed Book 1503 at Page 290.
(S) 39. Right-of-way for gas pipeline in the Borough of Clarks Summit,
Lackawanna County, from Xxxxx X. Xxxxxx, et ux, by Indenture dated February 2,
1995 and recorded February 8, 1995 in Lackawanna County Deed Book 1500 at Page
449.
(S) 40. Right-of-way for gas pipeline in the Borough of Moosic, Lackawanna
County, from Xxxxxx XxXxxxx, et al, by Indenture dated February 10, 1995 and
recorded March 13, 1995 in Lackawanna County Deed Book 1503 at Page 294.
(S) 41. Right-of-way for gas pipeline in the Borough of Xxxxxx, Lackawanna
County, from Xxxxx Xxxxx, et ux, by Indenture dated February 13, 1995 and
recorded March 13, 1995 in Lackawanna County Deed Book 1503 at Page 298.
(S) 42. Right-of-way for gas pipeline in the Borough of Clarks Summit,
Lackawanna County, from Allied Xxxxxxxxx Xxxxx/XxXxxx Apartments, by
Indenture dated February 14, 1995 and recorded March 13, 1995 in Lackawanna
County Deed Book 1503 at Page 302.
9
(S) 43. Right-of-way for gas pipeline in the Borough of Dunmore, Lackawanna
County, from Xxxxxxx X. Xxxxx, by Indenture dated February 17, 1995 and
recorded March 13, 1995 in Lackawanna County Deed Book 1503 at Page 307.
(S) 44. Right-of-way for gas pipeline in the Borough of Dunmore, Lackawanna
County, from Xxxx X. Xxxxx, et ux, by Indenture dated February 20, 1995 and
recorded March 13, 1995 in Lackawanna County Deed Book 1503 at Page 311.
(S) 45. Right-of-way for water pipeline in the Borough of Dunmore, Lackawanna
County, from Xxxx X. Xxxxx, et ux, by Indenture dated February 20, 1995 and
recorded March 13, 1995 in Lackawanna County Deed Book 1503 at Page 315.
(S) 46. Right-of-way for gas pipeline in the City of Scranton, Lackawanna
County, from Xxxxxx X. Xxxxxxxxxx, by Indenture dated March 13, 1995 and
recorded April 20, 1995 in Lackawanna County Deed Book 1506 at Page 785.
(S) 47. Right-of-way for water pipeline in the City of Scranton, Lackawanna
County, from Xxxxxx X. Xxxxxxxxxx, by Indenture dated March 13, 1995 and
recorded April 20, 1995 in Lackawanna County Deed Book 1506 at Page 789.
(S) 48. Right-of-way for gas pipeline in the City of Scranton, Lackawanna
County, from Xxxxxx Xxxxxxxxxx, by Indenture dated March 13, 1995 and recorded
April 20, 1995 in Lackawanna County Deed Book 1506 at Page 793.
(S) 49. Right-of-way for water pipeline in the City of Scranton, Lackawanna
County, from Xxxxxx Xxxxxxxxxx, by Indenture dated March 13, 1995 and recorded
April 20, 1995 in Lackawanna County Deed Book 1506 at Page 797.
(S) 50. Right-of-way for gas pipeline in the City of Scranton, Lackawanna
County, from Xxxxxx Xxx, et al, by Indenture dated March 13, 1995 and recorded
April 20, 1995 in Lackawanna County Deed Book 1506 at Page 801.
(S) 51. Right-of-way for water pipeline in the City of Scranton, Lackawanna
County, from Xxxxxx Xxx, et al, by Indenture dated March 13, 1995 and recorded
April 20, 1995 in Lackawanna County Deed Book 1507 at Page 1.
(S) 52. Right-of-way for gas pipeline in the City of Scranton, Lackawanna
County, from Xxxxx Xxxxxxxxxx, et ux, by Indenture dated March 13, 1995 and
recorded April 20, 1995 in Lackawanna County Deed Book 1507 at Page 5.
(S) 53. Right-of-way for water pipeline in the City of Scranton, Lackawanna
County, from Xxxxx Xxxxxxxxxx, et ux, by Indenture dated March 13, 1995 and
recorded April 20, 1995 in Lackawanna County Deed Book 1507 at Page 9.
10
(S) 54. Right-of-way for gas pipeline in the City of Carbondale, Lackawanna
County, from Xxxxxx Xxxxxxx Xxxxx, by Indenture dated March 14, 1995 and
recorded April 20, 1995 in Lackawanna County Deed Book 1507 at Page 13.
(S) 55. Right-of-way for gas pipeline in the Borough of Moosic, Lackawanna
County, from County of Lackawanna, by Indenture dated March 24, 1995 and
recorded June 8, 1995 in Lackawanna County Deed Book 1511 at Page 698.
(S) 56. Right-of-way for gas pipeline in the Borough of Old Forge, Lackawanna
County, from Xxxxxx X. Xxxxxxxx Trustee, by Indenture dated April 6, 1995 and
recorded April 20, 1995 in Lackawanna County Deed Book 1506 at Page 781.
(S) 57. Right-of-way for water pipeline in the Borough of Dunmore, Lackawanna
County, from Price Chopper Operating Co. of PA. Inc., by Indenture dated April
26, 1995 and recorded June 8, 1995 in Lackawanna County Deed Book 1511 at Page
709.
(S) 58. Right-of-way for gas pipeline in the Borough of Dunmore, Lackawanna
County, from Price Chopper Operating Co. of PA. Inc., by Indenture dated April
26, 1995 and recorded June 8, 1995 in Lackawanna County Deed Book 1511 at Page
719.
(S) 59. Right-of-way for gas pipeline in the Borough of Moosic, Lackawanna
County, from Scranton Lackawanna Industrial Building Company, by Indenture
dated May 12, 1995 and recorded June 8, 1995 in Lackawanna County Deed Book
1511 at Page 724.
(S) 60. Right-of-way for gas pipeline in the Borough of Clarks Summit,
Lackawanna County, from Xxxxxxx X. Xxxxxx, et ux, by Indenture dated May 19,
1995 and recorded June 8, 1995 in Lackawanna County Deed Book 1511 at Page 714.
(S) 61. Right-of-way for gas pipeline in the Township of Xxxxx, Lackawanna
County, from Xxxxxx X. Xxxx, et ux, by Indenture dated June 19, 1995 and
recorded August 4, 1995 in Lackawanna County Deed Book 1517 at Page 744.
(S) 62. Right-of-way for water pipeline in the Township of Xxxxx, Lackawanna
County, from Xxxxxx X. Xxxx, et ux, by Indenture dated June 19, 1995 and
recorded August 4, 1995 in Lackawanna County Deed Book 1517 at Page 749.
(S) 63. Right-of-way for gas pipeline in the Township of Abington, Lackawanna
County, from Xxxxxx Xxxxxx, et ux, by Indenture dated June 20, 1995 and
recorded August 4, 1995 in Lackawanna County Deed Book 1517 at Page 754.
(S) 64. Right-of-way for gas pipeline in the Borough of Old Forge, Lackawanna
County, from Xxxxxx X. Xxxxxxx, et ux, by Indenture dated July 11, 1995 and
recorded August 4, 1995 in Lackawanna County Deed Book 1517 at Page 759.
11
(S) 65. Right-of-way for gas pipeline in the Borough of Dunmore, Lackawanna
County, from GNB Battery Technologies, Inc., by Indenture dated July 18, 1995
and recorded September 1, 1995 in Lackawanna County Deed Book 1520 at Page 630.
(S) 66. Right-of-way for water pipeline in the Borough of Moosic, Lackawanna
County, from Xxxxxxxxx Development, by Indenture dated August 7, 1995 and
recorded September 1, 1995 in Lackawanna County Deed Book 1520 at Page 647.
(S) 67. Right-of-way for gas pipeline in the Borough of Moosic, Lackawanna
County, from Xxxxxxxxx Development, by Indenture dated August 7, 1995 and
recorded September 1, 1995 in Lackawanna County Deed Book 1520 at Page 640.
(S) 68. Right-of-way for gas pipeline in the Borough of Old Forge, Lackawanna
County, from Xxxxxxxx Lumber Company, by Indenture dated August 7, 1995 and
recorded September 1, 1995 in Lackawanna County Deed Book 1520 at Page 635.
IV
The following rights-of-way and/or easements situate in the County of
Lancaster and Commonwealth of Pennsylvania, to wit:
(S)01. Right-of-way for gas pipeline in the Township of Warwick, Lancaster
County, from Xxxx X. Xxxxxxxx and Xxxxx X. Xxxxxxxx (Stauffers) and Xxxxx
Xxxxxx, Xxxxxx X. Xxxxxx and Xxxx X. Xxxxxxxxx, Partners, as tenants in
co-partnership t/d/b/a Xxxxxx X. Xxxxxxxxx and Xxxxx Xxxxxx, Partners,
(Xxxxxxxxx and Xxxxxx) by Indenture dated February 22, 1995 and recorded March
27, 1995 in Lancaster County Deed Book 4593 at Page 0382.
V
The following rights-of-way and/or easements situate in the County of Luzerne
and Commonwealth of Pennsylvania, to wit:
(S) 01. Right-of-way for gas pipeline in the Borough of Kingston, Luzerne
County, from First Valley Bank, by Indenture dated September 28, 1994 and
recorded October 24, 1994 in Luzerne County Deed Book 2508 at Page 449.
(S) 02. Right-of-way for gas pipeline in the Township of Xxxxxx, Luzerne
County, from Xxxxxx X. Xxxxxx, et al, by Indenture dated October 4, 1994 and
recorded October 24, 1994 in Luzerne County Deed Book 2508 at Page 445.
(S) 03. Right-of-way for gas pipeline in the City of Xxxxxx-Xxxxx and
Township of Xxxxxx-Xxxxx, Luzerne County, from Xxxxx Xxxxxxxxxx, widow, by
Indenture dated October 5, 1994 and recorded October 24, 1994 in Luzerne County
Deed Book 2508 at Page 441.
12
(S) 04. Right-of-way for water pipeline in the Borough of Exeter, Luzerne
County, from The Greater Pittson Industrial & Commerical Development
Authority, et al, by Indenture dated October 11, 1994 and recorded October 24,
1994 in Luzerne County Deed Book 2508 at Page 436.
(S) 05. Right-of-way for gas pipeline in the Township of Xxxxxx, Luzerne
County, from Xxxx X. Xxxxx, et al, by Indenture dated October 12, 1994 and
recorded October 24, 1994 in Luzerne County Deed Book 2508 at Page 431.
(S) 06. Right-of-way for water pipeline in the Township of Xxxxxx, Luzerne
County, from Xxxx X. Xxxxx, et al, by Indenture dated October 12, 1994 and
recorded October 24, 1994 in Luzerne County Deed Book 2508 at Page 472.
(S) 07. Right-of-way for gas pipeline in the Borough of Luzerne, Luzerne
County, from Borough of Luzerne, by Indenture dated October 13, 1994 and
recorded October 24, 1994 in Luzerne County Deed Book 2508 at Page 468.
(S) 08. Right-of-way for gas pipeline in the Borough of Harveys Lake, Luzerne
County, from Xxxxxx Xxxxxxxxxx, by Indenture dated October 14, 1994 and
recorded October 24, 1994 in Luzerne County Deed Book 2508 at Page 464.
(S) 09. Right-of-way for gas pipeline in the Township of Newport, Luzerne
County, from Xxxxxx X. Xxxxx, Xx., et ux, by Indenture dated October 17, 1994
and recorded October 24, 1994 in Luzerne County Deed Book 2508 at Page 460.
(S) 10. Right-of-way for gas pipeline in the Borough of Kingston, Luzerne
County, from Xxxxxx Xxxxxxxx, by Indenture dated October 18, 1994 and recorded
October 24, 1994 in Luzerne County Deed Book 2508 at Page 456.
(S) 11. Right-of-way for gas pipeline in the Borough of Avoca, Luzerne
County, from Xxx Xxxxxx, et ux, by Indenture dated October 24, 1994 and
recorded November 4, 1994 in Luzerne County Deed Book 2509 at Page 1198.
(S) 12. Right-of-way for gas pipeline in the Township of Kingston, Luzerne
County, from Xxxxxxx Xxxx, et ux, by Indenture dated October 26, 1994 and
recorded November 4, 1994 in Luzerne County Deed Book 2510 at Page 1.
(S) 13. Right-of-way for gas pipeline in the City of Xxxxxx-Xxxxx, Luzerne
County, from Hampton Corners, by Indenture dated October 31, 1994 and recorded
December 21, 1994 in Luzerne County Deed Book 2514 at Page 241.
(S) 14. Right-of-way for gas pipeline in the Township of Hanover, Luzerne
County, from Xxxxxxx X. Xxxxx, Xx., by Indenture dated November 9, 1994 and
recorded December 21, 1994 in Luzerne County Deed Book 2514 at Page 246.
(S) 15. Right-of-way for gas pipeline in the Township of Hanover, Luzerne
County, from Xxxx X. Xxxxxxxx, et ux, by Indenture dated November 14, 1994 and
recorded December 21, 1994 in Luzerne County Deed Book 2514 at Page 289.
13
(S) 16. Right-of-way for gas pipeline in the Borough of Luzerne, Luzerne
County, from Xxxxxxx X. Xxxx, et al, by Indenture dated November 17, 1994 and
recorded December 21, 1994 in Luzerne County Deed Book 2514 at Page 281.
(S) 17. Right-of-way for gas pipeline in the Borough of Luzerne, Luzerne
County, from Xxxxx Xxxxxx, et ux, by Indenture dated November 17, 1994 and
recorded December 21, 1994 in Luzerne County Deed Book 2514 at Page 250.
(S) 18. Right-of-way for gas pipeline in the Township of Xxxxxx, Luzerne
County, from Maplemoor, Inc., T/A Huntsville Golf Club, by Indenture dated
November 17, 1994 and recorded December 21, 1994 in Luzerne County Deed Book
2514 at Page 275.
(S) 19. Right-of-way for gas pipeline in the Township of Dallas, Luzerne
County, from Xxxxx X. Xxxxx, by Indenture dated November 18, 1994 and recorded
December 21, 1994 in Luzerne County Deed Book 2514 at Page 271.
(S) 20. Right-of-way for gas pipeline in the Township of Hanover, Luzerne
County, from Xxxxxx Xxxxxx, by Indenture dated November 18, 1994 and recorded
December 21, 1994 in Luzerne County Deed Book 2514 at Page 263.
(S) 21. Right-of-way for gas pipeline in the City of Xxxxxx-Xxxxx, Luzerne
County, from Xxxx Pensieri, by Indenture dated December 1, 1994 and recorded
December 21, 1994 in Luzerne County Deed Book 2514 at Page 254.
(S) 22. Right-of-way for water pipeline in the Township of Plains, Luzerne
County, from Xxxxxxx X. Xxxxxxxx, Xx., et al, by Indenture dated December 5,
1994 and recorded December 21, 1994 in Luzerne County Deed Book 2514 at Page
258.
(S) 23. Right-of-way for gas pipeline in the Township of Plains, Luzerne
County, from Xxxxxxx X. Xxxxxxxx, Xx., et al, by Indenture dated December 5,
1994 and recorded December 21, 1994 in Luzerne County Deed Book 2514 at Page
297.
(S) 24. Right-of-way for gas pipeline in the Township of Dallas, Luzerne
County, from Township of Dallas, by Indenture dated December 7, 1994 and
recorded February 7, 1995 in Luzerne County Deed Book 2518 at Page 319.
(S) 25. Right-of-way for gas pipeline in the Township of Dallas, Luzerne
County, from Xxxxxx-Xxxxx General Realty Corporation, by Indenture dated
December 8, 1994 and recorded February 7, 1995 in Luzerne County Deed Book 2518
at Page 314.
(S) 26. Right-of-way for gas pipeline in the Borough of Forty Fort, Luzerne
County, from County of Luzerne, by Indenture dated December 8, 1994 and
recorded July 26, 1995 in Luzerne County Deed Book 2534 at Page 562.
(S) 27. Right-of-way for gas pipeline in the Township of Xxxxxx-Xxxxx,
Luzerne County, from Xxxx Xxxxxxxxxx, et al, by Indenture dated December 9,
1994 and recorded December 21, 1994 in Luzerne County Deed Book 2514 at Page
285.
14
(S) 28. Right-of-way for gas pipeline in the Borough of Plymouth, Luzerne
County, from Xxxx X. Xxxxxxx, et ux, by Indenture dated December 12, 1994 and
recorded December 21, 1994 in Luzerne County Deed Book 2514 at Page 267.
(S) 29. Right-of-way for gas pipeline in the Township of Plains, Luzerne
County, from Xxxxxx X. Xxxxxxx, by Indenture dated December 13, 1994 and
recorded December 21, 1994 in Luzerne County Deed Book 2514 at Page 293.
(S) 30. Corrective Right-of-way for gas pipeline in the Township of Hanover,
Luzerne County, from Xxxxxxx X. Xxxxx, Xx., by Indenture dated January 11, 1995
and recorded February 7, 1995 in Luzerne County Deed Book 2518 at Page 306.
(S) 31. Right-of-way for water pipeline in the Borough of West Wyoming,
Luzerne County, from Pagnotti Coal Company, by Indenture dated January 25, 1995
and recorded February 7, 1995 in Luzerne County Deed Book 2518 at Page 310.
(S) 32. Right-of-way for gas pipeline in the Township of Plains, Luzerne
County, from Xxxxxxx Xxxxxx, by Indenture dated January 31, 1995 and recorded
March 9, 1995 in Luzerne County Deed Book 2520 at Page 913.
(S) 33. Right-of-way for gas pipeline in the Borough of Nescopeck, Luzerne
County, from Xxxx Xxxxxxxxx, by Indenture dated February 1, 1995 and recorded
February 7, 1995 in Luzerne County Deed Book 2518 at Page 302.
(S) 34. Right-of-way for gas pipeline in the Borough of Nescopeck, Luzerne
County, from Xxxx X. Xxxxxx, et ux, by Indenture dated February 1, 1995 and
recorded February 7, 1995 in Luzerne County Deed Book 2518 at Page 323.
(S) 35. Right-of-way for water pipeline in the Township of Xxxxxx, Luzerne
County, from Xxxxxxx Xxxx, et ux, by Indenture dated February 9, 1995 and
recorded March 9, 1995 in Luzerne County Deed Book 2520 at Page 908.
(S) 36. Right-of-way for gas pipeline in the Township of Xxxxxx, Luzerne
County, from Xxxxxxx Xxxx, et ux, by Indenture dated February 9, 1995 and
recorded March 9, 1995 in Luzerne County Deed Book 2520 at Page 917.
(S) 37. Right-of-way for gas pipeline in the Township of Plains, Luzerne
County, from 315 Realty Corp., Inc. by Indenture dated February 13, 1995 and
recorded March 9, 1995 in Luzerne County Deed Book 2520 at Page 900.
(S) 38. Right-of-way for gas pipeline in the Township of Hanover, Luzerne
County, from M. B. Investments, by Indenture dated February 15, 1995 and
recorded March 9, 1995 in Luzerne County Deed Book 2520 at Page 904.
(S) 39. Right-of-way for gas pipeline in the Borough of Luzerne, Luzerne
County, from Xxxxxx Xxxxxx, et ux, by Indenture dated March 23, 1995 and
recorded April 19, 1995 in Luzerne County Deed Book 2524 at Page 588.
15
(S) 40. Right-of-way for gas pipeline in the Borough of Luzerne, Luzerne
County, from Xxxxx X. Xxxxxxxx, Xx., et al, by Indenture dated March 23, 1995
and recorded April 19, 1995 in Luzerne County Deed Book 2524 at Page 620.
(S) 41. Right-of-way for gas pipeline in the Township of Plains, Luzerne
County, from 315 Realty Corp., Inc., by Indenture dated March 28, 1995 and
recorded April 19, 1995 in Luzerne County Deed Book 2524 at Page 592.
(S) 42. Right-of-way for gas pipeline in the Township of Xxxxxx, Luzerne
County, from Maplemoor, Inc. T/A Huntsville Golf Club, by Indenture dated March
28, 1995 and recorded April 19, 1995 in Luzerne County Deed Book 2524 at Page
601.
(S) 43. Right-of-way for water pipeline in the City of Xxxxxx-Xxxxx, Luzerne
County, from Housing Authority of The City of Xxxxxx-Xxxxx, by Indenture dated
April 3, 1995 and recorded April 19, 1995 in Luzerne County Deed Book 2524 at
Page 606.
(S) 44. Right-of-way for gas pipeline in the Township of Xxxxxx, Luzerne
County, from Eastern Consolidated Management Corp., by Indenture dated April
11, 1995 and recorded April 19, 1995 in Luzerne County Deed Book 2524 at Page
610.
(S) 45. Right-of-way for water pipeline in the Township of Xxxxxx, Luzerne
County, from Eastern Consolidated Management Corp., by Indenture dated April
11, 1995 and recorded April 19, 1995 in Luzerne County Deed Book 2524 at Page
615.
(S) 46. Right-of-way for gas pipeline in the Township of Plains, Luzerne
County, from Xxxxxxxx Xxxxxxxxxx, widow, by Indenture dated April 24, 1995 and
recorded June 7, 1995 in Luzerne County Deed Book 2529 at Page 207.
(S) 47. Right-of-way for gas pipeline in the Borough of Dallas, Luzerne
County, from M. Xxxxxxxx Xxxx, by Indenture dated May 5, 1995 and recorded June
7, 1995 in Luzerne County Deed Book 2529 at Page 199.
(S) 48. Right-of-way for gas pipeline in the Borough of Dallas, Luzerne
County, from Xxxxxx X. Post, et ux, by Indenture dated May 5, 1995 and recorded
June 7, 1995 in Luzerne County Deed Book 2529 at Page 203.
(S) 49. Right-of-way for water pipeline in the City of Nanticoke, Luzerne
County, from Xxxxxx Xxxxxxxxx Xx., et ux, by Indenture dated May 9, 1995 and
recorded June 7, 1995 in Luzerne County Deed Book 2529 at Page 195.
(S) 50. Right-of-way for gas pipeline in the Borough of Dallas, Luzerne
County, from Xxxxx X. Xxxxxxx, Xx., et ux, by Indenture dated May 9, 1995 and
recorded June 7, 1995 in Luzerne County Deed Book 2529 at Page 191.
16
(S) 51. Right-of-way for gas pipeline in the City of Xxxxxx-Xxxxx, Luzerne
County, from Xxxxxx X. Xxxxxxx, widow, by Indenture dated May 12, 1995 and
recorded June 7, 1995 in Luzerne County Deed Book 2529 at Page 220.
(S) 52. Right-of-way for gas pipeline in the Borough of Xxxxxx, Luzerne
County, from Xxxxxxx Xxxxx Xxxxx, by Indenture dated May 12, 1995 and recorded
June 7, 1995 in Luzerne County Deed Book 2529 at Page 211.
(S) 53. Right-of-way for gas pipeline in the Township of Xxxxxx-Xxxxx,
Luzerne County, from Cedar Associates, by Indenture dated May 16, 1995 and
recorded June 7, 1995 in Luzerne County Deed Book 2529 at Page 183.
(S) 54. Right-of-way for gas pipeline in the City of Xxxxxx-Xxxxx, Luzerne
County, from Xxxxxx X. Xxxxx, Xx., et ux, et al, by Indenture dated May 18,
1995 and recorded June 7, 1995 in Luzerne County Deed Book 2529 at Page 187.
(S) 55. Right-of-way for gas pipeline in the City of Xxxxxx-Xxxxx, Luzerne
County, from Xxxxxxx Xxxxxxxx, III, et ux, by Indenture dated May 18, 1995 and
recorded June 7, 1995 in Luzerne County Deed Book 2529 at Page 179.
(S) 56. Right-of-way for gas pipeline in the Township of Kingston, Luzerne
County, from Maple Crest-Phase II Development Company, by Indenture dated June
2, 1995 and recorded June 7, 1995 in Luzerne County Deed Book 2529 at Page 215.
(S) 57. Right-of-way for gas pipeline in the Township of Fairview, Luzerne
County, from Xxxx Xxxxx, et vir, by Indenture dated June 15, 1995 and recorded
July 26, 1995 in Luzerne County Deed Book 2534 at Page 567.
(S) 58. Right-of-way for gas pipeline in the Borough of Plymouth, Luzerne
County, from Xxxx X. Good, et ux, by Indenture dated June 21, 1995 and recorded
July 26, 1995 in Luzerne County Deed Book 2534 at Page 571.
(S) 59. Right-of-way for gas pipeline in the Township of Xxxxxx, Luzerne
County, from Greater Xxxxxx-Xxxxx Industrial Fund, Inc. and Communication
Microwave Corp., by Indenture dated June 28, 1995 and recorded July 26, 1995 in
Luzerne County Deed Book 2534 at Page 579.
(S) 60. Right-of-way for gas pipeline in the Township of Township, Luzerne
County, from Xxxxxx X. Xxxxxxx, by Indenture dated June 30, 1995 and recorded
July 26, 1995 in Luzerne County Deed Book 2534 at Page 575.
(S) 61. Right-of-way for water pipeline in the Township of Fairview, Luzerne
County, from Xxxxxx X. Xxxxxxx, et ux, by Indenture dated July 7, 1995 and
recorded July 26, 1995 in Luzerne County Deed Book 2534 at Page 548.
17
(S) 62. Right-of-way for gas pipeline in the Borough of Sugar Notch, Luzerne
County, from Xxxxxx X. Xxxxxx, by Indenture dated July 13, 1995 and recorded
July 26, 1995 in Luzerne County Deed Book 2534 at Page 558.
(S) 63. Right-of-way for gas pipeline in the Township of Kingston, Luzerne
County, from Xxxx Xxxxxx Estates, Inc., by Indenture dated July 27, 1995 and
recorded September 1, 1995 in Luzerne County Deed Book 2538 at Page 477.
(S) 64. Right-of-way for gas pipeline in the City of Xxxxxx-Xxxxx, Luzerne
County, from XxXxxxxx Tire Service Company, by Indenture dated July 27, 1995
and recorded September 1, 1995 in Luzerne County Deed Book 2538 at Page 455.
(S) 65. Right-of-way for gas pipeline in the Borough of Kingston, Luzerne
County, from Xxxxxxx Xxxxxx Trustee, et al, by Indenture dated August 1, 1995
and recorded September 1, 1995 in Luzerne County Deed Book 2538 at Page 472.
(S) 66. Right-of-way for gas pipeline in the Borough of Wyoming, Luzerne
County, from Xxxx X. Xxxxxx, Executor, by Indenture dated August 1, 1995 and
recorded September 1, 1995 in Luzerne County Deed Book 2538 at Page 459.
(S) 67. Right-of-way for gas pipeline in the Borough of Plymouth, Luzerne
County, from Borough of Plymouth, by Indenture dated August 1, 1995 and
recorded September 1, 1995 in Luzerne County Deed Book 2538 at Page 467.
(S) 68. Right-of-way for water pipeline in the Township of Pittston, Luzerne
County, from Xxxxxx X. Milhalka, et ux, by Indenture dated August 5, 1995 and
recorded September 1, 1995 in Luzerne County Deed Book 2538 at Page 482.
(S) 69. Right-of-way for gas pipeline in the Borough of Wyoming, Luzerne
County, from Xxxxx Xxxxxxxxx, et ux, by Indenture dated August 9, 1995 and
recorded September 1, 1995 in Luzerne County Deed Book 2538 at Page 494.
(S) 70. Right-of-way for gas pipeline in the City of Xxxxxx-Xxxxx, Luzerne
County, from Xxxxxx Xxxxx, et al, by Indenture dated August 14, 1995 and
recorded September 1, 1995 in Luzerne County Deed Book 2538 at Page 503.
(S) 71. Right-of-way for gas pipeline in the Township of Newport, Luzerne
County, from Xxxxxx X. Xxxxxxxx, et ux, by Indenture dated August 21, 1995 and
recorded September 1, 1995 in Luzerne County Deed Book 2538 at Page 512.
(S) 72. Right-of-way for gas pipeline in the Township of Xxxxxx, Luzerne
County, from Xxxxxxx Xxxx, et ux, by Indenture dated August 28, 1995 and
recorded September 1, 1995 in Luzerne County Deed Book 2538 at Page 577.
(S) 73. Right-of-way for gas pipeline in the Borough of Plymouth, Luzerne
County, from Xxxxx X. Xxxxxxxxxx and Xxxx Xxxxxxxxx, by Indenture dated August
29, 1995 and recorded September 1, 1995 in Luzerne County Deed Book 2538 at
Page 521.
18
VI
The following rights-of-way and/or easements situate in the County of
Lycoming and Commonwealth of Pennsylvania, to wit:
(S) 01. Right-of-way for gas pipeline in the City of Williamsport, Lycoming
County, from Industrial Properties Corporation, et al, by Indenture dated
November 17, 1994 and recorded December 22, 1994 in Lycoming County Deed Book
2364 at Page 302.
(S) 02. Right-of-way for gas pipeline in the City of Williamsport, Lycoming
County, from Xxxxxxxxxx X. Xxxxxxxx, by Indenture dated November 21, 1994 and
recorded December 22, 1994 in Lycoming County Deed Book 2364 at Page 307.
(S) 03. Right-of-way for gas pipeline in the City of Williamsport, Lycoming
County, from Xxxxx X. Xxxxxxxxxxx, et ux, by Indenture dated November 21, 1994
and recorded December 22, 1994 in Lycoming County Deed Book 2364 at Page 310.
(S) 04. Right-of-way for gas pipeline in the Township of Fairfield, Lycoming
County, from Xxxxx X. Xxxxxxxxxxxxx, et ux, by Indenture dated December 8, 1994
and recorded December 22, 1994 in Lycoming County Deed Book 2364 at Page 313.
(S) 05. Right-of-way for gas pipeline in the Township of Fairfield, Lycoming
County, from Xxxxx X. Xxxxxx, et ux, by Indenture dated December 12, 1994 and
recorded December 22, 1994 in Lycoming County Deed Book 2364 at Page 316.
(S) 06. Right-of-way for gas pipeline in the Township of Fairfield, Lycoming
County, from Xxxxxx X. Xxxxxx, et ux, by Indenture dated December 12, 1994 and
recorded December 22, 1994 in Lycoming County Deed Book 2364 at Page 319.
(S) 07. Right-of-way for gas pipeline in the City of Williamsport, Lycoming
County, from X. X. Xxxxxx Furniture Company, et al, by Indenture dated January
18, 1995 and recorded March 10, 1995 in Lycoming County Deed Book 2393 at Page
234.
(S) 08. Right-of-way for gas pipeline in the Township of Loyalsock, Lycoming
County, from Xxxx X. Xxxxxxx, by Indenture dated May 5, 1995 and recorded June
13, 1995 in Lycoming County Deed Book 2433 at Page 187.
(S) 09. Right-of-way for gas pipeline in the City of Williamsport, Lycoming
County, from Warrior Run Development Corporation, by Indenture dated May 5,
1995 and recorded June 13, 1995 in Lycoming County Deed Book 2433 at Page 190.
(S) 10. Right-of-way for gas pipeline in the City of Williamsport, Lycoming
County, from Linn Street Manor Associates, by Indenture dated May 5, 1995 and
recorded June 13, 1995 in Lycoming County Deed Book 2433 at Page 193.
19
(S) 11. Right-of-way for gas pipeline in the City of Williamsport, Lycoming
County, from Wegmans Food Markets, Inc., by Indenture dated June 2, 1995 and
recorded June 13, 1995 in Lycoming County Deed Book 2433 at Page 196.
(S) 12. Right-of-way for gas pipeline in the Township of Xxxxx Creek,
Lycoming County, from Xxxxx Valley Hospital, by Indenture dated June 27, 1995
and recorded July 28, 1995 in Lycoming County Deed Book 2457 at Page 20.
(S) 13. Right-of-way for gas pipeline in the Township of Loyalsock, Lycoming
County, from Xxxxxxx X. Xxxxxx, et ux, by Indenture dated August 1, 1995 and
recorded August 31, 1995 in Lycoming County Deed Book 2474 at Page 313.
VII
The following rights-of-way and/or easements situate in the County of
Montour and Commonwealth of Pennsylvania, to wit:
(S) 01. Right-of-way for gas pipeline in the Borough of Danville, Montour
County, from Danville Municipal Authority, by Indenture dated September 14,
1994 and recorded November 7, 1994 in Montour County Record Book 179 at Page
1130.
VIII
The following rights-of-way and/or easements situate in the County of
Northumberland and Commonwealth of Pennsylvania, to wit:
(S) 01. Right-of-way for gas pipeline in the City of Sunbury,
Northumberland County, from Sunbury Textile Xxxxx, Inc., by Indenture dated
December 6, 1993 and recorded November 7, 1994 in Northumberland County Record
Book 982 at Page 032.
(S) 02. Right-of-way for gas pipeline in the Borough of Turbotville,
Northumberland County, from Susquehanna Valley School Authority, by Indenture
dated August 24, 1994 and recorded February 6, 1995 in Northumberland County
Record Book 991 at Page 663.
(S) 03. Right-of-way for gas pipeline in the Township of Upper Augusta,
Northumberland County, from Xxxxxx X. Xxxxxxxxx, by Indenture dated October 15,
1994 and recorded November 7, 1994 in Northumberland County Record Book 982 at
Page 025.
(S) 04. Right-of-way for gas pipeline in the City of Sunbury, Northumberland
County, from Pennsylvania Power & Light Company, by Indenture dated October 17,
1994 and recorded November 7, 1994 in Northumberland County Record Book 982 at
Page 028.
20
(S) 05. Right-of-way for gas pipeline in the Township of Xxxxx,
Northumberland County, from Xxxx Xxxxxxxx, et ux, by Indenture dated October
25, 1994 and recorded November 7, 1994 in Northumberland County Record Book 982
at Page 013.
(S) 06. Right-of-way for gas pipeline in the Township of Xxxxx,
Northumberland County, from Xxxx X. Xxxxxxxxx, et ux, by Indenture dated
October 25, 1994 and recorded November 7, 1994 in Northumberland County Record
Book 982 at Page 016.
(S) 07. Right-of-way for gas pipeline in the Borough of Watsontown,
Northumberland County, from Xxxxxxx X. Xxxxxxxx, Xx., et al, by Indenture dated
October 25, 1994 and recorded November 7, 1994 in Northumberland County Record
Book 982 at Page 019.
(S) 08. Right-of-way for gas pipeline in the Borough of Watsontown,
Northumberland County, from Xxxxxxxx X. Xxxxxx, Xx., by Indenture dated October
28, 1994 and recorded November 7, 1994 in Northumberland County Record Book 982
at Page 022.
(S) 09. Right-of-way for gas pipeline in the Township of Point,
Northumberland County, from Xxxxxxx X. Xxxxxxxx, et ux, by Indenture dated
November 21, 1994 and recorded December 22, 1994 in Northumberland County
Record Book 987 at Page 404.
(S) 10. Right-of-way for gas pipeline in the Borough of Xxxxxx,
Northumberland County, from Xxxxxx X. Posseda, et ux, by Indenture dated
November 28, 1994 and recorded February 6, 1995 in Northumberland County Record
Book 991 at Page 670.
(S) 11. Right-of-way for gas pipeline in the Borough of Xxxxxx,
Northumberland County, from Xxxxxx X. Xxxxxx, by Indenture dated November 28,
1994 and recorded February 6, 1995 in Northumberland County Record Book 991 at
Page 674.
(S) 12. Right-of-way for gas pipeline in the Township of Point,
Northumberland County, from Xxxxxxx X. Xxxxx, by Indenture dated November 30,
1994 and recorded February 6, 1995 in Northumberland County Record Book 991 at
Page 660.
(S) 13. Right-of-way for gas pipeline in the Borough of Watsontown,
Northumberland County, from Xxxxxxxx X. Xxxxxxx, et al, by Indenture dated
December 19, 1994 and recorded December 22, 1994 in Northumberland County
Record Book 987 at Page 401.
(S) 14. Right-of-way for gas pipeline in the Township of Delaware,
Northumberland County, from Xxxxxxx X. Xxxxx Xx., et ux, by Indenture dated
January 5, 1995 and recorded February 6, 1995 in Northumberland County Record
Book 991 at Page 677.
21
(S) 15. Right-of-way for gas pipeline in the Township of Point,
Northumberland County, from Gun Rack, Inc., by Indenture dated January 5, 1995
and recorded February 6, 1995 in Northumberland County Record Book 991 at Page
680.
(S) 16. Right-of-way for gas pipeline in the Borough of Turbotville,
Northumberland County, from Xxxxxxxx X. Xxxxxx, widow, by Indenture dated
January 18, 1995 and recorded February 6, 1995 in Northumberland County Record
Book 991 at Page 684.
(S) 17. Right-of-way for gas pipeline in the Township of Point,
Northumberland County, from Xxxxxx X. Xxxxxxx, by Indenture dated February 23,
1995 and recorded April 25, 1995 in Northumberland County Record Book 999 at
Page 820.
(S) 18. Right-of-way for gas pipeline in the Township of Point,
Northumberland County, from Xxxxxxxx Xxxxxx, et ux, by Indenture dated March
16, 1995 and recorded April 25, 1995 in Northumberland County Record Book 999
at Page 823.
(S) 19. Right-of-way for gas pipeline in the Township of Point,
Northumberland County, from Xxxxxxxx Xxxxxx, et ux, by Indenture dated March
16, 1995 and recorded April 25, 1995 in Northumberland County Record Book 999
at Page 826.
(S) 20. Right-of-way for gas pipeline in the Borough of Northumberland,
Northumberland County, from Xxxxxxx X. Xxxxx, et al, by Indenture dated March
24, 1995 and recorded April 25, 1995 in Northumberland County Record Book 999
at Page 829.
(S) 21. Right-of-way for gas pipeline in the Borough of Northumberland,
Northumberland County, from Branchview, Inc., by Indenture dated April 7, 1995
and recorded April 25, 1995 in Northumberland County Record Book 999 at Page
835.
(S) 22. Right-of-way for gas pipeline in the Township of Xxxxx,
Northumberland County, from Xxxxxx X. Xxxxxx, Xx., et ux, by Indenture dated
April 11, 1995 and recorded April 25, 1995 in Northumberland County Record Book
999 at Page 832.
(S) 23. Right-of-way for gas pipeline in the Township of Point,
Northumberland County, from Xxxxxxx Xxxxxxxxx, et ux, by Indenture dated May
13, 1995 and recorded June 6, 1995 in Northumberland County Record Book 1005 at
Page 472.
(S) 24. Right-of-way for gas pipeline in the Township of West Chillisquaque,
Northumberland County, from West Chillisquaque Post No. 84, American Legion
Home Association, by Indenture dated June 13, 1995 and recorded July 25, 1995
in Northumberland County Record Book 1011 at Page 559.
22
(S) 25. Right-of-way for gas pipeline in the Township of West Chillisquaque,
Northumberland County, from Crossroads Church of the Nazarene of Lewisburg, by
Indenture dated June 14, 1995 and recorded July 25, 1995 in Northumberland
County Record Book 1011 at Page 563.
IX
The following rights-of-way and/or easements situate in the County of Xxxxxx
and Commonwealth of Pennsylvania, to wit:
(S) 01. Right-of-way for gas pipeline in the Township of Monroe, Xxxxxx
County, from Wal-Mart Stores, Inc., by Indenture dated October 3, 1994 and
recorded November 7, 1994 in Xxxxxx County Record Book 343 at Page 412.
(S) 02. Right-of-way for gas pipeline in the Township of Monroe, Xxxxxx
County, from Xxx X. Xxxxxx, et ux, by Indenture dated October 28, 1994 and
recorded November 7, 1994 in Xxxxxx County Record Book 343 at Page 409.
(S) 03. Right-of-way for gas pipeline in the Borough of Selinsgrove, Xxxxxx
County, from Xxxx X. Xxxxx, et ux, by Indenture dated November 14, 1994 and
recorded December 22, 1994 in Xxxxxx County Record Book 345 at Page 410.
(S) 04. Right-of-way for gas pipeline in the Borough of Selinsgrove, Xxxxxx
County, from Susquehanna University of The Evangelical Lutheran Church, by
Indenture dated July 26, 1995 and recorded August 31, 1995 in Xxxxxx County
Record Book 358 at Page 4.
X
The following rights-of-way and/or easements situate in the County of
Susquehanna and Commonwealth of Pennsylvania, to wit:
(S) 01. Right-of-way for gas pipeline in the Township of Xxxxxxxx,
Susquehanna County, from Xxxx X. Xxxxxxx, et ux, by Indenture dated January 30,
1995 and recorded March 20, 1995 in Susquehanna County Deed Book 518 at Page
70.
XI
The following rights-of-way and/or easements situate in the County of Union
and Commonwealth of Pennsylvania, to wit:
(S) 01. Right-of-way for gas pipeline in the Township of Xxxxx, Union
County, from Lewisburg Area School District, by Indenture dated September 12,
1994 and recorded November 7, 1994 in Union County Record Book 390 at Page 95.
(S) 02. Right-of-way for gas pipeline in the Township of White Deer, Union
County, from Xxxxx X. Xxxxxxx, et ux, by Indenture dated May 31, 1995 and
recorded June 6, 1995 in Union County Record Book 418 at Page 101.
23
(S) 03. Right-of-way for gas pipeline in the Township of White Deet, Union
County, from Xxxxxx X. Xxxxxxx, Xx., et ux, by Indenture dated May 31, 1995 and
recorded June 6, 1995 in Union County Record Book 418 at Page 105.
(S) 04. Right-of-way for gas pipeline in the Township of Xxxxx, Union
County, from Xxxxx X. Xxxxxxx, Executrix, by Indenture dated July 12, 1995 and
recorded August 31, 1995 in Union County Record Book 432 at Page 235.
(S) 05. Right-of-way for gas pipeline in the Township of Xxxxx, Union County,
from United Methodist Countinuing Care Services, by Indenture dated July 20,
1995 and recorded August 31, 1995 in Union County Record Book 432 at Page 240.
SAVING AND EXCEPTING, HOWEVER, FROM THE PROPERTY DESCRIBED OR REFERRED TO
ABOVE, all property which is reserved or excepted from the lien and operation
of the Indenture by virtue of the exceptions contained in the Granting Clauses
thereof.
TO HAVE AND TO HOLD the same, unto the Trustee and its successors and assigns
forever;
SUBJECT, HOWEVER, to permitted encumbrances as defined in the Original
Indenture and to any lien thereon existing, and to any liens for unpaid
portions of the purchase money placed thereon, at the time of acquisition, and
also subject to the provisions of Article 12 of the Original Indenture;
IN TRUST, NEVERTHELESS, upon the terms and trusts set forth in the
Indenture.
PROVIDED, HOWEVER, and these presents are upon the condition that if the
Company, its successors or assigns, shall pay or cause to be paid unto the
holders of bonds issued and to be issued under the Indenture the principal and
interest, and premium, if any, due or to become due in respect thereof at the
times and in the manner stipulated therein and shall keep, perform and observe
all and singular the covenants and promises in said bonds and in the Indenture
expressed to be kept, performed and observed by or on the part of the Company,
then the Indenture and the estates and rights hereby granted shall cease,
determine and be void, otherwise to be and remain in full force and effect.
IT IS HEREBY COVENANTED, DECLARED AND AGREED by and between the parties
hereto that the Company will protect and make effective the lien intended to be
created by the Indenture with respect to all of the properties hereinabove de
scribed and that all bonds are to be issued, authenticated, delivered and held,
and that all property subject or to become subject to the Indenture is to be
held, subject to the further covenants, conditions, uses and trusts set forth
in the Original Indenture as heretofore supplemented, and as supplemented by
this Thirtieth Supplemental Indenture, in all respects as if said property was
specifically
24
described in the Granting Clauses of the Original Indenture; and the Company,
for itself and its successors, doth hereby covenant and agree to and with the
Trustee, for the benefit of those who hold said bonds as follows:
ARTICLE 1.
Miscellaneous
(S) 1.01 The WITNESSETH granting clause of the Original Indenture is hereby
amended by:
(i) deleting the words "impounding, storing, transporting and selling" in the
eighth line of the third paragraph thereof;
(ii) deleting the words "water, or in its business of" in the ninth line of
the third paragraph thereof;
(iii) deleting the words "all buildings, improvements, standpipes, towers" in
the first line of the fourth paragraph thereof;
(iv) deleting the second through sixth lines of the fourth paragraph
thereof;
(v) deleting the words "ing, transmission or distribution of water;" in the
seventh line of the fourth paragraph thereof;
(vi) deleting the words "water or" in the fourteenth line of the fourth
paragraph thereof;
(vii) deleting the sixth paragraph thereof.
(S) 1.02 Section 1.02(m) of the Original Indenture is hereby amended by
deleting the words "water or" in the first and eighth lines thereof.
(S) 1.03 Section 1.05 of the Original Indenture is hereby amended by (i)
deleting the words "water or" in the seventh and thirteenth lines thereof and
(ii) adding the words "except if not" immediately after the word "case" in the
seventh and tenth lines thereof.
(S) 1.04 Section 1.05(a)(2) of the Original Indenture is hereby amended by
deleting the words "water or" in the fifth line thereof.
(S) 1.05 Section 1.05(b)(4) of the Original Indenture is hereby amended by
deleting the words "water or" in the fifth line thereof.
(S) 1.06 Section 1.05(b)(5) of the Original Indenture is hereby amended by
adding the word "and" immediately after the semi-colon in the fifth line
thereof.
(S) 1.07 Section 1.06(A)(1) of the Original Indenture is hereby amended by
(i) deleting the words "water and gas businesses" in the second line thereof
and (ii) substituting therefor the words "gas business."
25
(S) 1.08 Section 1.06(A)(2) of the Original Indenture is hereby amended by
(i) deleting the word "businesses" in the second line thereof and substituting
therefor the word "business" and (ii) deleting the words "the sum of twelve and
one-half per centum (121/2%) of the gross water operating revenues and" in the
fifteenth, sixteenth and seventeenth lines thereof.
(S) 1.09 Section 1.06(A)(4) of the Original Indenture is hereby amended by
deleting the words "water and gas businesses" in the second and third lines
thereof and substituting therefor the words "gas business."
(S) 1.10 The further proviso in Section 1.06 of the Original Indenture is
hereby amended by deleting the words "water and gas businesses" in the second
line of clause (b) thereof and substituting therefor the words "gas business"
in the second line of clause (b) thereof.
(S) 1.11 Section 3.06(3)(B)(h) of the Original Indenture is hereby amended by
deleting the words "water or" in the second, fifth, and tenth lines thereof.
(S) 1.12 Section 3.06(4) of the Original Indenture is hereby amended by
deleting the words "water or" in the third and thirtieth lines thereof.
(S) 1.13 Section 3.07 of the Original Indenture is hereby amended by adding
the words "after the date of the consummation of the sale by Pennsylvania
Enterprises, Inc. ("PEI") and the Company of the Company's regulated water
utility operations and certain related assets (the "Sale of the Water
Business") to Pennsylvania-American Water Company ("PAWC") pursuant to an Asset
Purchase Agreement dated as of April 26, 1995 (the "Asset Purchase Agreement")
among PEI, the Company, PAWC and American Water Works Company, Inc."
immediately after the word "cancellation" in the eighth line thereof.
(S) 1.14 Section 3.07(2) of the Original Indenture is hereby amended by
adding the words "after the date of the consummation of the Sale of the Water
Business" immediately after the word "cancellation" in the twelfth line
thereof.
(S) 1.15 Section 4.07 of the Original Indenture is hereby amended by deleting
the words "water and" in the eighth line thereof.
(S) 1.16 Section 4.10 of the Original Indenture is hereby amended by:
(i) deleting the words "a sum equal to twelve and one-half per centum
(121/2%) of the gross water operating revenues (as hereinafter defined) and" in
the ninth, tenth and eleventh lines of the first paragraph thereof;
(ii) by adding the words "after the date of the consummation of the Sale of
the Water Business" immediately after the word "cancelled" in the fourth line
of subdivision (3) of the first paragraph thereof;
(iii) adding the words "and; provided, further, that with respect to the
calendar year in which the Sale of the Water Business is consummated, there
26
shall be deemed to be two accounting periods for purposes of the calculations
set forth in this Section, the first of which (the "Pre-Sale Period") shall
commence on January 1 of that year and shall continue until the date
immediately preceding the date of the consummation of the Sale of the Water
Business and the second of which (the "Post-Sale Period") shall commence
immediately following the consummation of the Sale of the Water Business and
end on December 31 of that year; and provided, further, that all calculations
made under this (S) 4.10 (x) with respect to the Pre-Sale Period shall be made
in accordance with the provisions of this Section as in effect on the date
prior to the date of the consummation of the Sale of the Water Business and (y)
with respect to the Post-Sale Period shall be made in accordance with the
provisions of this Section as in effect immediately following the consummation
of the Sale of the Water Business." at the end of subdivision (4) of the first
paragraph thereof;
(iv) deleting the words "the amount of the gross water operating revenues of
the mortgaged property during such accounting period; (b)" in the third, fourth
and fifth lines of the second paragraph thereof;
(v) deleting "(c)" in the seventh and fifteenth lines of the second
paragraph thereof and substituting therefor "(b)";
(vi) deleting "(d)" in the eighth and sixteenth lines of the second
paragraph thereof and substituting therefor "(c)";
(vii) deleting "(e)" in the eleventh and sixteenth lines of the second
paragraph thereof and substituting therefor "(d)";
(viii) adding the words "; provided, however, that as of the date of the
consummation of the Sale of the Water Business, the cumulative excess credit
balance shown by the last preceding certificate of the Company (the certificate
for the Pre-Sale Period) shall be deemed to be zero and the Company's
calculation of excess credits for the Post-Sale Period and all subsequent
periods shall include only the amount of excess credits after the date of the
consummation of the Sale of the Water Business" immediately after the word
"hereunder" in the thirteenth line of the second paragraph thereof;
(ix) deleting "(f)" in the fourteenth line of the second paragraph thereof
and the fourth line of the third paragraph thereof and substituting therefor
"(e)";
(x) by deleting the word "If" in the first line of the sixth paragraph
thereof and substituting therefor the words "Except as otherwise provided in
this Section, if";
(xi) deleting the words "terms 'gross water operating revenues' and" in the
first line of the seventh paragraph thereof and substituting therefor the word
"term";
(xii) deleting the word "are" in the third line of the seventh paragraph
thereof and substituting therefor the word "is";
27
(viii) deleting the words "water or" in the fourth, sixth, seventh and
eleventh lines of the seventh paragraph thereof;
(xiv) deleting the words "(as the case may be)" in the fourth, fifth, sixth,
eighth, eleventh and twelfth lines thereof; and
(xv) deleting the words "water or" in the sixth line of the eighth
paragraph thereof.
(S) 1.17 Section 4.11 of the Original Indenture is hereby amended by (i)
deleting the words "water and" in the sixteenth line thereof and (ii) adding
the following proviso at the end thereof: "; provided, however, that the
foregoing shall not restrict the Company from paying to PEI following the
consummation of the Sale of the Water Business (i) an amount not to exceed $85
million to enable the Company to repurchase shares of its common stock, which
funds would, in turn, be utilized by PEI to repurchase shares of PEI common
stock and (ii) a one-time special dividend of a $30 million promissory note to
reduce by $30 million PEI's common shareholder's investment in the Company, and
that such payment and dividend shall not reduce the amount of the earned
surplus of the Company for purposes of any determination thereof under this (S)
4.11."
(S) 1.18 Section 8.03 of the Original Indenture is hereby amended by (i)
deleting the words "water and" in the first and second lines of the second
paragraph thereof and (ii) adding the following proviso at the end thereof:
"Notwithstanding the foregoing, nothing in this Indenture shall prevent the
Company from obtaining releases from the lien of this Indenture of (a) all real
and personal property of the Company which are not used exclusively in the
Company's gas utility operations and (b) all real property of the Company which
is the subject of the operating and maintenance easement agreement to be
executed by the Company and PAWC in connection with the Sale of the Water
Business (the releases referenced in clauses (a) and (b) of this proviso are
hereby collectively referred to herein as the "Special Release").
Notwithstanding anything set forth in (S) 8.03, the Company shall not be
required to comply with the conditions set forth in subdivisions (C), (D), (E),
(F), (G)(2), (G)(4), or (G)(5) of the first paragraph of (S) 8.03 or lines six
through twelve (other than the word "requested" in line six) of subdivision
(G)(1) of the first paragraph of (S)8.03 in connection with obtaining the
Special Release and the Trustee shall execute and deliver the Special Release
to the Company without receipt of items set forth in subdivisions (C), (D),
(E), (F), (G)(2), (G)(4), or (G)(5) of the first paragraph of (S) 8.03 and
lines six through twelve (except for the word "requested" in line six) of
subdivision (G)(1) of the first paragraph of (S)8.03. In connection with
obtaining the Special Release, the Company shall deliver to the Trustee (x) a
certificate of the Company stating the book value of the remaining property
viz: all real and personal property of the Company which are used exclusively in
connection with the Company's gas utility operations, following the release of
the real and personal property which are the subject of the Special Release and
(y) a certificate of an independent engineer stating that based upon the
results of an appraisal performed by such independent engineer, the aggregate
fair value of
28
the remaining property following the release of the real and personal property
which are the subject of the Special Release exceeds 1662/3% of the aggregate
principal amount of the bonds issued under this Indenture which will be
outstanding immediately following the consummation of the Sale of the Water
Business."
(S) 1.19 Section 8.11 of the Original Indenture is hereby amended by adding
the following paragraph at the end thereof. "The provisions set forth in this
(S) 8.11 shall not apply to any consideration to be received by the Company in
connection with the properties which are the subject of the Special Release,
the Company shall not be required to pay any such consideration to the Trustee
and no part of any such consideration shall be deemed to be "trust moneys" for
purposes of this Indenture."
(S) 1.20 The amendments to the Original Indenture set forth in (S) 1.01-(S)
1.19 hereof shall take effect on the date of the consummation of the Sale of
the Water Business and the Trustee may conclusively rely on the certificate of
an officer of the Company that the Sale of the Water Business has been
consummated.
(S) 1.21 The Trustee accepts the trusts hereby declared and provided and
agrees to perform the same upon the terms and conditions in the Original
Indenture and in this Thirtieth Supplemental Indenture set forth. The Trustee
shall not be responsible in any manner whatsoever for or in respect of the
validity or sufficiency of this Thirtieth Supplemental Indenture or the due
execution hereof by the Company, or for or in respect of the recitals contained
herein, all of which recitals are made by the Company solely.
The Original Indenture as heretofore supplemented by twenty-nine
supplemental indentures and as supplemented by this Thirtieth Supplemental
Indenture is in all respects ratified and confirmed, and the Original
Indenture, together with the thirty indentures supplemental thereto, shall be
read, taken and construed as one and the same indenture.
(S) 1.21 This Thirtieth Supplemental Indenture may be executed in any
number of counterparts, and all said counterparts executed and delivered, each
as an original, shall constitute but one and the same instrument.
Pennsylvania Gas and Water Company does hereby constitute and appoint Xxxxxx
X. Xxxx to be its attorney for it, and in its name and as and for its corporate
act and deed to acknowledge this Thirtieth Supplemental Indenture before any
person having authority by the laws of the Commonwealth of Pennsylvania to take
such acknowledgment, to the intent that the same may be duly recorded, and
First Trust of New York, National Association, does hereby constitute and
appoint Xxxxx Xxxxxxxx to be its attorney for it, and in its name and as and
for its corporate act and deed to acknowledge this Thirtieth Supplemental
Indenture before any person having authority by the laws of the State of New
York to take such acknowledgment, to the intent that the same may be duly
recorded.
29
IN WITNESS WHEREOF, said Pennsylvania Gas and Water Company and said First
Trust of New York, National Association have caused this Supplemental Indenture
to be signed in their respective corporate names, and their respective
corporate seals to be hereunto affixed and attested by their respective
officers thereunto duly authorized, all as of the day and year first above
written.
PENNSYLVANIA GAS AND
WATER COMPANY
/s/ Xxxx X. Xxxx, Xx.
By:
Name: Xxxx X. Xxxx, Xx.
Title: Vice President, Finance
[Corporate Seal]
Attest:
/s/ Xxxxxx X. Xxxx
Secretary
FIRST TRUST OF NEW YORK,
NATIONAL ASSOCIATION
/s/ Xxxxxxxxx X. Xxxxxxx
By:
Name: Xxxxxxxxx X. Xxxxxxx
Title: Vice President
[Corporate Seal]
Attest:
/s/ Xxxxx Xxxxxxxx
Assistant Secretary
30
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF LUZERNE
ss.:
BE IT REMEMBERED that on the 12th day of December, A.D. 1995, before the
undersigned Notary Public in and for said County and said Commonwealth,
commissioned for and residing in the County of Luzerne, personally came Xxxxxx
X. Xxxx, who, being duly sworn according to law, doth depose and say that he
was personally present and did see the common or corporate seal of the
above-named PENNSYLVANIA GAS AND WATER COMPANY affixed to the foregoing
Supplemental Indenture; that the seal so affixed is the common or corporate
seal of said PENNSYLVANIA GAS AND WATER COMPANY and was so affixed by
authority of said corporation as the act and deed thereof; that the above-named
Xxxx X. Xxxx, Xx. is the Vice President, Finance of said corporation and did
sign the said Supplemental Indenture as such in the presence of this deponent;
that this deponent is the Secretary of the said corporation and that the name
of this deponent, above signed in attestation of the due execution of the said
Supplemental Indenture, is in this deponent's own proper handwriting.
/s/ Xxxxxx X. Xxxx
Xxxxxx X. Xxxx
Sworn and subscribed before me
the day and year aforesaid.
/s/ XxXxxx XxXxxx
Notary Public
NOTARIAL SEAL
XXXXXX XXXXXX, NOTARY PUBLIC
XXXXXX-XXXXX, LUZURNE COUNTY
MY COMMISSION EXPIRES SEPT. 6, 1998
Member, Pennsylvania Association of Notaries
31
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF LUZERNE
ss.:
I HEREBY CERTIFY that on this 12th day of December, A.D. 1995, before me, a
Notary Public in and for said County and said Commonwealth, commissioned for
and residing in the County of Luzerne, personally appeared Xxxxxx X. Xxxx, the
attorney named in the foregoing Supplemental Indenture, and he, by virtue and
in pursuance of the authority therein conferred upon him, acknowledged said
Supplemental Indenture to be the act and deed of the said PENNSYLVANIA GAS AND
WATER COMPANY.
Witness my hand and notarial seal the day and year aforesaid.
/s/ XxXxxx XxXxxx
-------------------------------------------------------------------------------
Notary Public
NOTARIAL SEAL
XXXXXX XXXXXX, NOTARY PUBLIC
XXXXXX-XXXXX, LUZURNE COUNTY
MY COMMISSION EXPIRES SEPT. 6, 1998
Member, Pennsylvania Association of Notaries
00
XXXXX XX XXX XXXX
XXXXXX XX XXX XXXX
ss.:
BE IT REMEMBERED that on the 11th day of December, A.D. 1995, before the
undersigned Notary Public in and for said County and State, commissioned for
the County of New York, personally came Xxxxx Xxxxxxxx who, being duly sworn
according to law, doth depose and say that she was personally present and did
see the corporate seal of the above-named FIRST TRUST OF NEW YORK, NATIONAL AS
SOCIATION, affixed to the foregoing Supplemental Indenture; that the seal so
affixed is the corporate seal of said FIRST TRUST OF NEW YORK, NATIONAL
ASSOCIATION, and was so affixed by authority of said corporation as the act and
deed thereof; that the above-named Xxxxxxxxx X. Xxxxxxx is a Vice President of
said corporation and did sign the said Supplemental Indenture as such in the
presence of this deponent; that this deponent is an Assistant Secretary of said
corporation and that the name of this deponent, above signed in attestation of
the due execution of the said Supplemental Indenture, is in this deponent's own
proper handwriting.
/s/ Xxxxx Xxxxxxxx
Xxxxx Xxxxxxxx
Sworn and subscribed before me
the day and year aforesaid.
NOTARIAL SEAL
XXXXXX X. XXXX
NOTARY PUBLIC, STATE OF NEW YORK
NO. 01IL5018680
QUALIFIED IN QUEENS COUNTY
COMMISSION EXPIRES
OCTOBER 4, 1997
/s/ Xxxxxx X. Xxxx
Notary Public
00
XXXXX XX XXX XXXX
XXXXXX XX XXX XXXX
ss.:
I HEREBY CERTIFY that on this 11th day of December, A.D. 1995, before me, a
Notary Public in and for said County and State, commissioned for the County of
New York, personally appeared Xxxxx Xxxxxxxx, the attorney named in the
foregoing Supplemental Indenture, and she, by virtue and in pursuance of the
authority therein conferred upon her, acknowledged said Supplemental Indenture
to be the act and deed of the said FIRST TRUST OF NEW YORK, NATIONAL
ASSOCIATION.
Witness my hand and notarial seal the day and year aforesaid.
/s/ Xxxxxx X. Isle
Notary Public
NOTARIAL SEAL
XXXXXX X. XXXX
NOTARY PUBLIC, STATE OF NEW YORK
NO. 01IL5018680
QUALIFIED IN QUEENS COUNTY
COMMISSION EXPIRES
OCTOBER 4, 1997
CERTIFICATE OF RESIDENCE
FIRST TRUST OF NEW YORK, NATIONAL ASSOCIATION hereby certifies that its
precise name and address as Trustee hereunder are: FIRST TRUST OF NEW YORK,
NATIONAL ASSOCIATION, 000 XXXX XXXXXX, XXXXX 0000, XXX XXXX, XXX XXXX 00000.
/s/ Xxxxxxxxx X. Xxxxxxx
By:
Name: Xxxxxxxxx X. Xxxxxxx
Title: Vice President
34
