Contract
Exhibit
4
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This
instrument was prepared by:
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Xxxx
X. Xxxxxx
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EXECUTED
IN 60 COUNTERPARTS OF
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Florida
Power & Light Company
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WHICH
THIS IS COUNTERPART NO. 4
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000
Xxxxxxxx Xxxxxxxxx
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Juno
Beach, Florida 33408
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FLORIDA
POWER & LIGHT COMPANY
to
DEUTSCHE
BANK TRUST COMPANY AMERICAS
(formerly
known as Bankers Trust Company)
As
Trustee under Florida Power & Light
Company’s
Mortgage and Deed of Trust,
Dated
as of January 1, 1944.
One
Hundred Fifteenth Supplemental Indenture
Relating
to $500,000,000 Principal Amount
of
First Mortgage Bonds, 5.69% Series
due
March 1, 2040
Dated
as of February 1, 2010
This
Supplemental Indenture has been executed in several counterparts, all of which
constitute but one and the same instrument. This Supplemental
Indenture has been recorded in several counties and documentary stamp taxes as
required by law in the amount of $1,750,000 and non-recurring intangible taxes
as required by law in the amount of $120,359.37 were paid on the Supplemental
Indenture recorded in the public records of Palm Beach County,
Florida.
Note to
Examiner: The new bonds (“New Bonds”) being issued in
connection with this Supplemental Indenture are secured by real property and
personal property located both within Florida and outside of
Florida. The aggregate fair market value of the collateral exceeds
the aggregate principal amount of (y) the New Bonds plus (z) the other
outstanding bonds secured by the mortgage supplemented hereby and all previous
supplemental indentures thereto. The intangible tax has been computed
pursuant to Section 199.133 (2), Florida Statutes, by (i) determining the
percentage of the aggregate fair market value of the collateral constituting
real property situated in Florida and by multiplying that percentage times the
principal amount of the New Bonds (the result hereinafter defined as the “Tax
Base”) and (ii) multiplying the tax rate times the Tax Base.
ONE
HUNDRED FIFTEENTH SUPPLEMENTAL INDENTURE
INDENTURE, dated as of the 1st
day of February, 2010, made and entered into by and between Florida Power & Light
Company, a corporation of the State of Florida, whose post office address
is 000 Xxxxxxxx Xxxxxxxxx, Xxxx Xxxxx, Xxxxxxx 00000 (hereinafter sometimes
called FPL), and Deutsche Bank Trust Company Americas (formerly known
as Bankers Trust Company), a corporation of the State of New York, whose post
office address is 00 Xxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000
(hereinafter called the Trustee), as the one hundred fifteenth supplemental
indenture (hereinafter called the One Hundred Fifteenth Supplemental
Indenture) to the Mortgage and Deed of Trust, dated as of
January 1, 1944 (hereinafter called the Mortgage), made and entered
into by FPL, the Trustee and The Florida National Bank of Jacksonville, as
Co-Trustee (now resigned), the Trustee now acting as the sole trustee under the
Mortgage, which Mortgage was executed and delivered by FPL to secure the payment
of bonds issued or to be issued under and in accordance with the provisions
thereof, and which Mortgage was incorporated by reference in the One Hundredth
Sixth Supplemental Indenture and Mortgage, dated as of September 1, 2004,
and recorded in the Rockingham County, New Hampshire Registry of Deeds at Book
4362, Page 1879, reference to which Mortgage and to which One Hundredth Sixth
Supplemental Indenture and Mortgage is hereby made, this One Hundred Fifteenth
Supplemental Indenture being supplemental thereto;
Whereas, by an
instrument, dated as of April 15, 2002, filed with the Banking Department of the
State of New York, Bankers Trust Company effected a corporate name change
pursuant to which, effective such date, it is known as Deutsche Bank Trust
Company Americas; and
Whereas, Section 8
of the Mortgage provides that the form of each series of bonds (other than the
first series) issued thereunder shall be established by Resolution of the Board
of Directors of FPL and that the form of such series, as established by said
Board of Directors, shall specify the descriptive title of the bonds and various
other terms thereof, and may also contain such provisions not inconsistent with
the provisions of the Mortgage as the Board of Directors may, in its discretion,
cause to be inserted therein expressing or referring to the terms and conditions
upon which such bonds are to be issued and/or secured under the Mortgage;
and
Whereas,
Section 120 of the Mortgage provides, among other things, that any power,
privilege or right expressly or impliedly reserved to or in any way conferred
upon FPL by any provision of the Mortgage, whether such power, privilege or
right is in any way restricted or is unrestricted, may be in whole or in part
waived or surrendered or subjected to any restriction if at the time
unrestricted or to additional restriction if already restricted, and FPL may
enter into any further covenants, limitations or restrictions for the benefit of
any one or more series of bonds issued thereunder, or FPL may cure any ambiguity
contained therein, or in any supplemental indenture, or may establish the terms
and provisions of any series of bonds other than said first series, by an
instrument in writing executed and acknowledged by FPL in such manner as would
be necessary to entitle a conveyance of real estate to be recorded in all of the
states in which any property at the time subject to the Lien of the Mortgage
shall be situated; and
Whereas, FPL now
desires to create the series of bonds described in Article I hereof and to
add to its covenants and agreements contained in the Mortgage certain other
covenants and agreements to be observed by it and to alter and amend in certain
respects the covenants and provisions contained in the Mortgage;
and
Whereas, the execution
and delivery by FPL of this One Hundred Fifteenth Supplemental Indenture, and
the terms of the bonds, hereinafter referred to in Article I, have been
duly authorized by the Board of Directors of FPL by appropriate resolutions of
said Board of Directors;
Now, Therefore, This Indenture
Witnesseth: That FPL, in consideration of the premises and of
One Dollar 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
further evidence of assurance of the estate, title and rights of the Trustee and
in order further to secure the payment of both the principal of and interest and
premium, if any, on the bonds from time to time issued under the Mortgage,
according to their tenor and effect, and the performance of all the provisions
of the Mortgage (including any instruments supplemental thereto and any
modification made as in the Mortgage provided) and of said bonds, hereby grants,
bargains, sells, releases, conveys, assigns, transfers, mortgages, pledges, sets
over and confirms (subject, however, to Excepted Encumbrances as defined in
Section 6 of the Mortgage) unto Deutsche Bank Trust Company Americas, as
Trustee under the Mortgage, and to its successor or successors in said trust,
and to said Trustee and its successors and assigns forever, all property, real,
personal and mixed, acquired by FPL after the date of the execution and delivery
of the Mortgage (except any herein or in the Mortgage, as heretofore
supplemented, expressly excepted), now owned (except any properties heretofore
released pursuant to any provisions of the Mortgage and in the process of being
sold or disposed of by FPL) or, subject to the provisions of Section 87 of
the Mortgage, hereafter acquired by FPL and wheresoever situated, including
(without in anywise limiting or impairing by the enumeration of the same the
scope and intent of the foregoing) all lands, power sites, flowage rights, water
rights, water locations, water appropriations, ditches, flumes, reservoirs,
reservoir sites, canals, raceways, dams, dam sites, aqueducts, and all rights or
means for appropriating, conveying, storing and supplying water; all rights of
way and roads; all plants for the generation of electricity by steam, water
and/or other power; all power houses, gas plants, street lighting systems,
standards and other equipment incidental thereto, telephone, radio and
television systems, air-conditioning systems and equipment incidental thereto,
water works, water systems, steam heat and hot water plants, substations, lines,
service and supply systems, bridges, culverts, tracks, ice or refrigeration
plants and equipment, offices, buildings and other structures and the equipment
thereof; all machinery, engines, boilers, dynamos, electric, gas and other
machines, regulators, meters, transformers, generators, motors, electrical, gas
and mechanical appliances, conduits, cables, water, steam heat, gas or other
pipes, gas mains and pipes, service pipes, fittings, valves and connections,
pole and transmission lines, wires, cables, tools, implements, apparatus,
furniture, chattels, and choses in action; all municipal and other franchises,
consents or permits; all lines for the transmission and distribution of electric
current, gas, steam heat or water for any purpose including towers, poles,
wires, cables, pipes, conduits, ducts and all apparatus for use in connection
therewith; all real estate, lands, easements, servitudes, licenses, permits,
franchises, privileges, rights of way and other rights in or relating to real
estate or the occupancy of the same and (except as herein or in the Mortgage, as
heretofore supplemented, expressly excepted) all the right, title and interest
of FPL in and to all other property of any kind or nature appertaining to and/or
used and/or occupied and/or enjoyed in connection with any property hereinbefore
or in the Mortgage, as heretofore supplemented, described.
Together With all and
singular the tenements, hereditaments and appurtenances belonging or in anywise
appertaining to the aforesaid property or any part thereof, with the reversion
and reversions, remainder and remainders and (subject to the provisions of
Section 57 of the Mortgage) the tolls, rents, revenues, issues, earnings,
income, products and profits thereof, and all the estate, right, title and
interest and claim whatsoever, at law as well as in equity, which FPL now has or
may hereinafter acquire in and to the aforesaid property and franchises and
every part and parcel thereof.
It Is Hereby Agreed by
FPL that, subject to the provisions of Section 87 of the Mortgage, all the
property, rights, and franchises acquired by FPL after the date hereof (except
any herein or in the Mortgage, as heretofore supplemented, expressly excepted)
shall be and are as fully granted and conveyed hereby and as fully embraced
within the Lien of the Mortgage and the lien and operation of the One Hundred
Sixth Supplemental Indenture and Mortgage, as if such property, rights and
franchises were now owned by FPL and were specifically described herein and
conveyed hereby.
Provided that the
following are not and are not intended to be now or hereafter granted,
bargained, sold, released, conveyed, assigned, transferred, mortgaged, pledged,
set over or confirmed hereunder and are hereby expressly excepted from the Lien
and operation of this One Hundred Fifteenth Supplemental Indenture and from
the Lien and operation of the Mortgage, as heretofore supplemented, viz:
(1) cash, shares of stock, bonds, notes and other obligations and other
securities not hereafter specifically pledged, paid, deposited, delivered or
held under the Mortgage or covenanted so to be; (2) merchandise, equipment,
materials or supplies held for the purpose of sale in the usual course of
business and fuel (including Nuclear Fuel unless expressly subjected to the Lien
and operation of the Mortgage by FPL in a future Supplemental Indenture), oil
and similar materials and supplies consumable in the operation of any properties
of FPL; rolling stock, buses, motor coaches, automobiles and other vehicles;
(3) bills, notes and accounts receivable, and all contracts, leases and
operating agreements not specifically pledged under the Mortgage or covenanted
so to be; (4) the last day of the term of any lease or leasehold which may
hereafter become subject to the Lien of the Mortgage; (5) electric energy,
gas, ice, and other materials or products generated, manufactured, produced or
purchased by FPL for sale, distribution or use in the ordinary course of its
business; all timber, minerals, mineral rights and royalties; (6) FPL’s
franchise to be a corporation; and (7) the properties already sold or in
the process of being sold by FPL and heretofore released from the Mortgage and
Deed of Trust, dated as of January 1, 1926, from Florida Power &
Light Company to Bankers Trust Company and The Florida National Bank of
Jacksonville, trustees, and specifically described in three separate releases
executed by Bankers Trust Company and The Florida National Bank of
Jacksonville, dated July 28, 1943, October 6, 1943 and
December 11, 1943, which releases have heretofore been delivered by
the said trustees to FPL and recorded by FPL among the Public Records of all
Counties in which such properties are located; provided, however, that the
property and rights expressly excepted from the Lien and operation of the
Mortgage in the above subdivisions (2) and (3) shall (to the extent permitted by
law) cease to be so excepted in the event and as of the date that the Trustee or
a receiver or trustee shall enter upon and take possession of the Mortgaged and
Pledged Property in the manner provided in Article XIII of the Mortgage by
reason of the occurrence of a Default as defined in Section 65
thereof.
To Have And To Hold all
such properties, real, personal and mixed, granted, bargained, sold, released,
conveyed, assigned, transferred, mortgaged, pledged, set over or confirmed by
FPL as aforesaid, or intended so to be, unto Deutsche Bank Trust Company
Americas, the Trustee, and its successors and assigns forever.
In Trust Nevertheless,
for the same purposes and upon the same terms, trusts and conditions and subject
to and with the same provisos and covenants as are set forth in the Mortgage, as
heretofore supplemented, this One Hundred Fifteenth Supplemental Indenture being
supplemental thereto.
And It Is Hereby
Covenanted by FPL that all terms, conditions, provisos, covenants and
provisions contained in the Mortgage shall affect and apply to the property
hereinbefore described and conveyed and to the estate, rights, obligations and
duties of FPL and the Trustee and the beneficiaries of the trust with respect to
said property, and to the Trustee and its successors as Trustee of said property
in the same manner and with the same effect as if said property had been owned
by FPL at the time of the execution of the Mortgage, and had been specifically
and at length described in and conveyed to said Trustee, by the Mortgage as a
part of the property therein stated to be conveyed.
With
respect to the Property, as defined below, located in New Hampshire, FPL makes
the “mortgage covenants”, as this term is defined in the New Hampshire statute
(New Hampshire Revised Statutes Annotated §477:29,1). The “Property” means the real
property interests described in that certain easement deed from FPL Energy
Seabrook, LLC to FPL, dated June 1, 2004 and recorded in the Rockingham
County Registry of Deeds (the “Registry”) at Book 4304, Page
945 and in the acquisition from FPL Energy Seabrook, LLC of certain fixtures
described in that certain Deed of Transfer dated June 1, 2004 and recorded
in the Registry at Book 4304, Page 950.
FPL
further covenants and agrees to and with the Trustee and its successors in said
trust under the Mortgage, as follows:
ARTICLE
I
One
Hundred Twelfth Series of Bonds
Section
1. (I) There
shall be a series of bonds designated “5.69% Series due March 1, 2040”,
herein sometimes referred to as the “One Hundred Twelfth Series”,
each of which shall also bear the descriptive title First Mortgage Bond, and the
form thereof, which shall be established by Resolution of the Board of Directors
of FPL, shall contain suitable provisions with respect to the matters
hereinafter in this Section specified. Bonds of the One Hundred
Twelfth Series shall mature on March 1, 2040 and shall be issued as fully
registered bonds in denominations of One Thousand Dollars and, at the option of
FPL, in integral multiples of One Thousand Dollars (the exercise of such
option to be evidenced by the execution and delivery thereof); they shall bear
interest at the rate of 5.69% per annum, payable semi-annually on March 1
and September 1 of each year (each an “Interest Payment Date”)
commencing on September 1, 2010; the principal of and interest on each said
bond to be payable at the office or agency of FPL in the Borough of Manhattan,
The City of New York, in such coin or currency of the United States of America
as at the time of payment is legal tender for public and private
debts. Bonds of the One Hundred Twelfth Series shall be dated as in
Section 10 of the Mortgage provided. The record date for
payments of interest on any Interest Payment Date shall be the close of business
on (1) the business day immediately preceding such Interest Payment Date so long
as the bonds of the One Hundred Twelfth Series are held by a securities
depository in book-entry only form or (2) the 15th calendar day immediately
preceding each Interest Payment Date if the bonds of the One Hundred Twelfth
Series are not held by a securities depository in book-entry only
form. Interest on the bonds of the One Hundred Twelfth Series will
accrue from and including February 9, 2010 to but excluding September 1,
2010 and, thereafter, from and including the last Interest Payment Date to which
interest has been paid or duly provided for (and if no interest has been paid on
the bonds of the One Hundred Twelfth Series, from February 9, 2010) to, but
excluding, the next succeeding Interest Payment Date. No interest
will accrue on a bond of the One Hundred Twelfth Series for the day on which
such bond matures. The amount of interest payable for any period will
be computed on the basis of a 360-day year consisting of twelve 30-day
months. The amount of interest payable for any period shorter than a
full semi-annual period for which interest is computed will be computed on the
basis of the number of days in the period using 30-day calendar
months.
(II) Bonds
of the One Hundred Twelfth Series shall be redeemable either at the option of
FPL or pursuant to the requirements of the Mortgage (including, among other
requirements, the application of cash delivered to or deposited with the Trustee
pursuant to the provisions of Section 64 of the Mortgage or with proceeds of
Released Property) in whole at any time, or in part from time to time, prior to
maturity, upon notice, as provided in Section 52 of the Mortgage, mailed at
least thirty (30) days prior to the date fixed for redemption (the “Redemption Date”), at a price
(the “Redemption Price”)
equal to 100% of the principal amount thereof plus accrued and unpaid interest,
if any, to the Redemption Date plus a premium, if any (the “Make-Whole
Premium”). In no event will the Redemption Price be less than
100% of the principal amount of the bonds of the One Hundred Twelfth Series
being redeemed plus accrued and unpaid interest, if any, to, but excluding, the
Redemption Date.
The
amount of the Make-Whole Premium with respect to any bond of the One Hundred
Twelfth Series (or portion thereof) to be redeemed will be equal to the excess,
if any, of:
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(1)
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the
sum of the present values, calculated as of the Redemption Date,
of:
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a.
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each
interest payment that, but for such redemption, would have been payable on
the bond of the One Hundred Twelfth Series (or portion thereof) being
redeemed on each Interest Payment Date occurring after the Redemption Date
(excluding any accrued interest for the period prior to the Redemption
Date); and
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b.
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the
principal amount that, but for such redemption, would have been payable at
the final maturity of the bond of the One Hundred Twelfth Series (or
portion thereof) being redeemed;
over
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(2)
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the
principal amount of the bond of the One Hundred Twelfth Series (or portion
thereof) being redeemed.
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The
present values of interest and principal payments referred to in clause (1)
above will be determined in accordance with generally accepted principles of
financial analysis. Such present values will be calculated by
discounting the amount of each payment of interest or principal from the date
that each such payment would have been payable, but for the redemption, to the
Redemption Date at a discount rate equal to the Treasury Yield (as defined
below) plus 20 basis points.
The
Make-Whole Premium will be calculated by an independent investment banking
institution of national standing appointed by FPL; provided that if FPL fails to
make such appointment at least 30 days prior to the Redemption Date, or if the
institution so appointed is unwilling or unable to make such calculation, such
calculation will be made by Banc of America Securities LLC, Citigroup Global
Markets Inc., Credit Suisse Securities (USA) LLC or Mitsubishi UFJ Securities
(USA), Inc., or if such firms are unwilling or unable to make such calculation,
by an independent investment banking institution of national standing appointed
by the Trustee at the expense of FPL (in any such case, an “Independent Investment
Banker”).
For
purposes of determining the Make-Whole Premium, “Treasury Yield” means a rate
of interest per annum equal to the weekly average yield to maturity of United
States Treasury Notes that have a constant maturity that corresponds to the
remaining term to maturity of the bonds of the One Hundred Twelfth Series to be
redeemed, calculated to the nearest 1/12th of a year (the “Remaining
Term”). The Independent Investment Banker will determine the
Treasury Yield as of the third business day immediately preceding the applicable
Redemption Date.
The
weekly average yields of United States Treasury Notes will be determined by
reference to the most recent statistical release published by the Federal
Reserve Bank of New York and designated “H.15(519) Selected Interest Rates” or
any successor release (the “H.15 Statistical
Release”). If the H.15 Statistical Release sets forth a weekly
average yield for the United States Treasury Notes having a constant maturity
that is the same as the Remaining Term, then the Treasury Yield will be equal to
such weekly average yield. In all other cases, the Treasury Yield
will be calculated by interpolation, on a straight-line basis, between the
weekly average yields on the United States Treasury Notes that have a constant
maturity closest to and greater than the Remaining Term and the United States
Treasury Notes that have a constant maturity closest to and less than the
Remaining Term (in each case as set forth in the H.15 Statistical
Release). Any weekly average yields so calculated by interpolation
will be rounded to the nearest 1/100th of 1%, with any figure of 1/200th of 1%
or above being rounded upward. If weekly average yields for United
States Treasury Notes are not available in the H.15 Statistical Release or
otherwise, then the Treasury Yield will be calculated by interpolation of
comparable rates selected by the Independent Investment Banker.
(III) At
the option of the registered owner any bonds of the One Hundred Twelfth Series,
upon surrender thereof for exchange at the office or agency of FPL in the
Borough of Manhattan, The City of New York, together with a written instrument
of transfer wherever required by FPL, duly executed by the registered owner or
by his duly authorized attorney, shall (subject to the provisions of
Section 12 of the Mortgage) be exchangeable for a like aggregate principal
amount of bonds of the same series of other authorized
denominations.
Bonds
of the One Hundred Twelfth Series shall be transferable (subject to the
provisions of Section 12 of the Mortgage) at the office or agency of FPL in
the Borough of Manhattan, The City of New York.
Upon
any exchange or transfer of bonds of the One Hundred Twelfth Series, FPL may
make a charge therefor sufficient to reimburse it for any tax or taxes or other
governmental charge, as provided in Section 12 of the Mortgage, but FPL hereby
waives any right to make a charge in addition thereto for any exchange or
transfer of bonds of the One Hundred Twelfth Series.
ARTICLE
II
Dividend
Covenant
Section
2. Section
3 of the Third Supplemental Indenture, as heretofore amended, is hereby further
amended by inserting the words “or One Hundred Twelfth Series” immediately
before the words “remain Outstanding”.
ARTICLE
III
Miscellaneous
Provisions
Section
3. Subject
to the amendments provided for in this One Hundred Fifteenth Supplemental
Indenture, the terms defined in the Mortgage, as heretofore supplemented, shall,
for all purposes of this One Hundred Fifteenth Supplemental Indenture, have the
meanings specified in the Mortgage, as heretofore supplemented.
Section
4. The
holders of bonds of the One Hundred Twelfth Series consent that FPL may, but
shall not be obligated to, fix a record date for the purpose of determining the
holders of bonds of the One Hundred Twelfth Series entitled to consent to any
amendment, supplement or waiver. If a record date is fixed, those
persons who were holders at such record date (or their duly designated proxies),
and only those persons, shall be entitled to consent to such amendment,
supplement or waiver or to revoke any consent previously given, whether or not
such persons continue to be holders after such record date. No such
consent shall be valid or effective for more than 90 days after such record
date.
Section
5. The
Trustee hereby accepts the trust herein declared, provided, created or
supplemented and agrees to perform the same upon the terms and conditions herein
and in the Mortgage, as heretofore supplemented, set forth and upon the
following terms and conditions:
The
Trustee shall not be responsible in any manner whatsoever for or in respect of
the validity or sufficiency of this One Hundred Fifteenth Supplemental Indenture
or for or in respect of the recitals contained herein, all of which recitals are
made by FPL solely. In general, each and every term and condition
contained in Article XVII of the Mortgage, as heretofore amended, shall
apply to and form part of this One Hundred Fifteenth Supplemental Indenture with
the same force and effect as if the same were herein set forth in full with such
omissions, variations and insertions, if any, as may be appropriate to make the
same conform to the provisions of this One Hundred Fifteenth Supplemental
Indenture.
Section
6. Whenever
in this One Hundred Fifteenth Supplemental Indenture either of the parties
hereto is named or referred to, this shall, subject to the provisions of
Articles XVI and XVII of the Mortgage, as heretofore amended, be deemed to
include the successors and assigns of such party, and all the covenants and
agreements in this One Hundred Fifteenth Supplemental Indenture contained by or
on behalf of FPL, or by or on behalf of the Trustee, or either of them, shall,
subject as aforesaid, bind and inure to the respective benefits of the
respective successors and assigns of such parties, whether so expressed or
not.
Section
7. Nothing
in this One Hundred Fifteenth Supplemental Indenture, expressed or implied, is
intended, or shall be construed, to confer upon, or to give to, any person, firm
or corporation, other than the parties hereto and the holders of the bonds and
coupons Outstanding under the Mortgage, any right, remedy or claim under or by
reason of this One Hundred Fifteenth Supplemental Indenture or any covenant,
condition, stipulation, promise or agreement hereof, and all the covenants,
conditions, stipulations, promises and agreements in this One Hundred
Fifteenth Supplemental Indenture contained by or on behalf of FPL shall be for
the sole and exclusive benefit of the parties hereto, and of the holders of the
bonds and coupons Outstanding under the Mortgage.
Section
8. The
Mortgage, as heretofore supplemented and amended and as supplemented hereby, is
intended by the parties hereto, as to properties now or hereafter encumbered
thereby and located within the States of Florida, Georgia and New Hampshire, to
operate and is to be construed as granting a lien only on such properties and
not as a deed passing title thereto.
Section
9. The
mortgage granted in the One Hundred Sixth Supplemental Indenture and Mortgage,
dated as of September 1, 2004, in the Seabrook Substation Property (as
defined in said One Hundred Sixth Supplemental Indenture and Mortgage), as
supplemented hereby, is upon the statutory conditions as defined in New
Hampshire Revised Statutes Annotated §477:29, and upon the further condition
that all covenants and agreements of FPL contained in said One Hundred
Sixth Supplemental Indenture and Mortgage and in the Mortgage, as supplemented
hereby, shall be kept and fully performed, for any breach of which the Trustee
shall have the statutory power of sale as defined in New Hampshire Revised
Statutes Annotated §477:29.
Section
10. This
One Hundred Fifteenth Supplemental Indenture shall be executed in several
counterparts, each of which shall be an original and all of which shall
constitute but one and the same instrument.
In Witness Whereof, FPL
has caused its corporate name to be hereunto affixed, and this instrument to be
signed and sealed by its President or one of its Vice Presidents, and its
corporate seal to be attested by its Secretary or one of its Assistant
Secretaries for and in its behalf, and Deutsche Bank Trust Company
Americas has caused its corporate name to be hereunto affixed, and this
instrument to be signed and sealed by its Vice Presidents or Assistant Vice
Presidents, and its corporate seal to be attested by one of its Vice Presidents,
Assistant Vice Presidents, one of its Assistant Secretaries or one of its
Associates, all as of the day and year first above written.
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Florida
Power & Light Company
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By:
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/s/
X. Xxxxxxx Xxxxx
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X.
Xxxxxxx Xxxxx
Vice
President, Accounting
and
Chief Accounting Officer
0000
Xxxx Xxxxxxx Xxxxxx
Xxxxx,
XX 00000
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Attest:
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/s/
Xxxx X. Xxxxxx
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Xxxx
X. Xxxxxx
Treasurer
and Assistant Secretary
000
Xxxxxxxx Xxxxxxxxx
Xxxx
Xxxxx, XX 00000
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Executed,
sealed and delivered by
Florida Power & Light
Company
in
the presence of:
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/s/
Xxxxxx XxXxxxxx
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/s/
Xxxxx Xxxxxxxx
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Deutsche Bank Trust Company Americas
As
Trustee
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By:
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/s/
Xxxxx Xx
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Xxxxx
Xx
Vice
President
00
Xxxx Xxxxxx, 00xx Xxxxx
Xxx
Xxxx, XX 00000
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By:
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/s/
Xxxxx Xxxxxxx
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Xxxxx
Xxxxxxx
Vice
President
00
Xxxx Xxxxxx, 00xx Xxxxx
Xxx
Xxxx, XX 00000
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Attest:
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By:
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/s/
Xxxxxxxx Xxxxx
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Xxxxxxxx
Xxxxx
Assistant
Vice President
00
Xxxx Xxxxxx, 00xx Xxxxx
Xxx
Xxxx, XX 00000
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Executed,
sealed and delivered by
Deutsche Bank Trust Company Americas
in
the presence of:
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/s/
Xxxxxx Xxxxxxxx
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/s/
Xx Xxxxx
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State
of Florida
County
of Palm Beach
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}
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SS:
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On
the 4th day of February, in the year 2010 before me personally came X. Xxxxxxx
Xxxxx, to me known, who, being by me duly sworn, did depose and say that he is
the Vice President, Accounting and Chief Accounting Officer of Florida Power & Light
Company, one of the corporations described in and which executed the
above instrument; that he knows the seal of said corporation; that the seal
affixed to said instrument is such corporate seal; that it was so affixed by
order of the Board of Directors of said corporation, and that he signed his name
thereto by like order.
I Xxxxxx Xxxxxxx, that
on this 4th day of February, 2010, before me personally appeared X. Xxxxxxx
Xxxxx and Xxxx X. Xxxxxx, respectively, the Vice President, Accounting and Chief
Accounting Officer and the Treasurer and Assistant Secretary of Florida Power & Light
Company, a corporation under the laws of the State of Florida, to me
known to be the persons described in and who executed the foregoing instrument
and severally acknowledged the execution thereof to be their free act and deed
as such officers, for the uses and purposes therein mentioned; and that they
affixed thereto the official seal of said corporation, and that said instrument
is the act and deed of said corporation.
Witness my signature
and official seal at Juno Beach, in the County of Palm Beach, and State of
Florida, the day and year last aforesaid.
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/s/
Xxxxx X. Xxxxxx
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Notary
Public – State of Florida
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XXXXX
X. XXXXXX
Notary
Public - State of Florida
My
Commission Expires Apr 9, 2011
Commission
# DD 661121
Bonded
Through National Notary
Assn.
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State
of New York
County
of New York
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}
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SS:
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On
the 3rd day of February in the year 2010, before me personally came Xxxxx Xx and
Xxxxx Xxxxxxx, to me known, who, being by me duly sworn, did depose and say that
they are respectively a Vice President and a Vice President of Deutsche Bank Trust Company
Americas, one of the corporations described in and which executed the
above instrument; that they know the seal of said corporation; that the seal
affixed to said instrument is such corporate seal; that it was so affixed by
order of the Board of Directors of said corporation, and that they signed their
names thereto by like order.
I Xxxxxx Xxxxxxx, that
on this 3rd day of February, 2010, before me personally appeared Xxxxx Xx, Xxxxx
Xxxxxxx and Xxxxxxxx Xxxxx, respectively, a Vice President, a Vice President and
an Assistant Vice President of Deutsche Bank Trust Company
Americas, a corporation under the laws of the State of New York, to me
known to be the persons described in and who executed the foregoing instrument
and severally acknowledged the execution thereof to be their free act and deed
as such officers, for the uses and purposes therein mentioned; and that they
affixed thereto the official seal of said corporation, and that said instrument
is the act and deed of said corporation.
Witness my signature
and official seal at New York, in the County of New York, and State of New York,
the day and year last aforesaid.
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/s/
Xxxxx Xxxxxxxxxxxxx
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Xxxxx
Xxxxxxxxxxxxx
Notary
Public, State of New York
No
01JA6062022
Qualified
in New York County
Commission
Expires September 23, 2013
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