EXHIBIT 4-18
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TWENTY-SIXTH SUPPLEMENTAL INDENTURE
Dated as of December 1, 1992
(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
XXXXXX GUARANTY TRUST COMPANY
OF NEW YORK,
Trustee
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First Mortgage Bonds 8.375% Series due 2002
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TWENTY-SIXTH SUPPLEMENTAL INDENTURE, dated as of the first day
of December 1992, 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 Common-
wealth of Pennsylvania (hereinafter sometimes called the "Com-
pany"), and XXXXXX GUARANTY TRUST COMPANY OF NEW YORK, a
corporation organized and existing under the laws of the State of
New York and having its principal place of business at Xx. 00
Xxxx Xxxxxx, in The City of New York, New York as Trustee (here-
inafter sometimes called the "Trustee").
WHEREAS, the Company executed and delivered its Indenture
(hereinafter called the "Original Indenture") dated as of
March 15, 1946, to Guaranty Trust Company of New York, now Xxxxxx
Guaranty Trust Company of New York, to secure its First Mortgage
Bonds and has executed and delivered twenty-five 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; and as of September 1, 1992 (the
Original Indenture as heretofore supplemented and to be supple-
mented by this Twenty-Sixth Supplemental Indenture, and as the
same may be further supplemented by additional indentures sup-
plemental thereto, being hereinafter collectively called the
"Indenture"), and
WHEREAS, the Company at November 30, 1992 (i) had retired all
of the original issue of $24,500,000 principal amount of bonds of
a series designated First Mortgage Bonds 2 7/8% 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 3 1/2% Series due 1982,
all of the original issue of $1,000,000 principal amount of bonds
of a series designated First Mortgage Bonds 4 7/8% Series due
1987, all of the original issue of $2,000,000 principal amount of
bonds of a series designated First Mortgage Bonds 4 3/4% Series
due 1983, all of the original issue of $3,000,000 principal
amount of bonds of a series designated First Mortgage Bonds
5 1/2% 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 4 5/8% Series due 1988, all of the original issue of
$4,000,000 principal amount of bonds of a series designated First
Mortgage Bonds 5 7/8% 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, and all of the original
issue of $10,000,000 principal amount of bonds of a series desig-
nated First Mortgage Bonds 6 7/8% Series due 1992 and (ii) had
outstanding and secured by the Original Indenture, as so supple-
mented to the date hereof, $6,060,000 (of an original issue of
$12,000,000) principal amount of bonds of a series designated
First Mortgage Bonds 10% Series due 1995, $3,955,000 (of an
original issue of $7,000,000) principal amount of bonds of a
series designated First Mortgage Bonds 8% Series due, 1997,
$5,000,000 (of an original issue of $20,000,000) principal amount
of bonds of a series designated First Mortgage Bonds 9 1/4%
Series due 1996, $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 9.57%
Series due 1996, and $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; and
WHEREAS, Article 3 of the Original Indenture provides that
additional bonds of any one or more series may be issued from
time to time in accordance with and subject to the conditions,
provisions and limitations set forth in said Article 3; and
WHEREAS, Section 2.02 of the Original Indenture provides that
before any bonds of any series, other than bonds of the First
Series, shall be authenticated and delivered, the Company shall
execute and deliver to the Trustee a supplemental indenture, in
recordable form, containing the particulars of the new series of
bonds as required by said Section 2.02 and containing appropriate
provisions giving to such bonds the protection and security of
the Original Indenture, and
WHEREAS, Section 14.01 of the Original Indenture provides,
among other things, that the Company, when authorized by a reso-
lution 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 any
one or more of the following purposes, among others, to provide
for the creation of any series of bonds (other than bonds of the
First Series), designating the series to be created and
specifying the form and provisions of bonds of such series; and
WHEREAS, Section 14.02 of the Original Indenture provides that
the Trustee is authorized to join with the Company in the execu-
tion of any such supplemental indenture; and
WHEREAS, the Company in the course of its business has
acquired certain additional properties, which properties are
intended by the terms of the Granting Clauses, of the Original
Indenture to be subject to the lien thereof; and
WHEREAS, in accordance with the provisions of Section 4.12 and
Section 14.01 of the Original Indenture, the Company desires in
and by this Twenty-Sixth Supplemental Indenture to record the
description of and confirm unto the Trustee such properties,
which properties (except such as are reserved or excepted from
the lien and operation of the Indenture by virtue of the excep-
tions contained in the Granting Clauses thereof) are now subject
to the lien of the Indenture by virtue of the provisions thereof
conveying to the Trustee property acquired after its execution
and delivery; and
WHEREAS, the Company now desires to create a new series of
bonds under the Indenture, to be known and designated as its
First Mortgage Bonds 8.375% Series due 2002 (hereinafter some-
times called "bonds of the Eighteenth Series"); and
WHEREAS, the Company proposes to execute and to request the
Trustee to authenticate and deliver up to $30,000,000 principal
amount of bonds of the Eighteenth Series pursuant to the provi-
sions of Section 3.02 to 3.06, both inclusive of the Original
Indenture; and
WHEREAS, the bonds of the Eighteenth Series and the Trustee's
certificate to be endorsed on such bonds are to be substantially
in the form following (any of the provisions of such bonds may be
set forth on the reverse side thereof):
[FORM OF BOND OF THE EIGHTEENTH SERIES]
PENNSYLVANIA GAS AND WATER COMPANY
(Formerly Scranton-Spring Brook Water Service Company)
First Mortgage Bond 8.375% Series due 2002
No. $
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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"), for value received, promises to
pay to , or registered assigns, on
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December 1, 2002 (unless this bond shall have been called for
previous redemption and provision made for the payment of the
redemption price thereof), Dollars at the Com-
---------------
pany's office or agency in the Borough of Manhattan, The City of
New York, and, except as otherwise set forth below, semi-annually
on the first day of December and the first day of June in each year
commencing June 1, 1993 to pay interest thereon, at said office or
agency, at the rate of 8.375% per annum from the date
of this bond (except that if this bond be dated after the first
interest payment date for bonds of this series it shall bear
interest, from the interest payment date next preceding the date
of this bond, and except that if this bond be dated between a
record date (as defined in Section 1.01 of the Twenty-Sixth Sup-
plemental Indenture dated as of December 1, 1992 (the "Twenty-
Sixth Supplemental Indenture")) and the interest payment date in
respect thereof, it shall bear interest from such interest pay-
ment date), until the Company's obligation with respect to such
principal sum shall be discharged; provided that, so long as
there is no existing default in the payment of interest, and ex-
cept for the payment of defaulted interest, the interest payable
on any June 1 or December 1 will be paid to the person in whose
name this bond was registered at the close of business on the
fifteenth day of May or the fifteenth day of November next pre-
ceding such interest payment date. The principal of, premium if
any, and the interest on this bond shall be payable in any coin
or currency of the United States of America which at the time of
payment shall be legal tender for the payment of public and
private debts.
This bond is one of an issue of bonds of the Company, known as
its First Mortgage Bonds, issued and to be issued in one or more
series under, and equally and ratably secured (except as any
sinking, amortization, improvement or other fund, established in
accordance with the provisions of the indenture hereinafter men-
tioned, may afford additional security for the bonds of any par-
ticular series) by a certain mortgage and deed of trust, dated as
of March 15, 1946 (hereinafter called the "Original Indenture"),
and by twenty-six indentures supplemental thereto (of which the
Seventeenth Supplemental Indenture. dated as of October 15, 1967,
the Eighteenth Supplemental Indenture, dated as of May 1, 1970,
and the Twentieth Supplemental Indenture, dated as of March 1,
1976, amended certain provisions of the Original Indenture) (said
Original Indenture and all said indentures supplemental thereto
being hereinafter collectively called the "Indenture"), made by
the Company to Guaranty Trust Company of New York and, after the
change of name of Guaranty Trust Company of New York to Xxxxxx
Guaranty Trust Company of New York, to Xxxxxx Guaranty Trust Com-
pany of New York, as Trustee (hereinafter called the "Trustee"),
to which Indenture (and to all additional indentures supplemental
thereto) reference is hereby made for a description of the
property mortgaged, the nature and extent of the security, the
rights and limitations of rights of the Company, the Trustee, and
the holders of said bonds under the Indenture, and the terms and
conditions upon which said bonds are secured, to all of the pro-
visions of which Indenture and of all such additional supplemen-
tal indentures in respect of such security, including the
provisions of the Indenture permitting the issue of bonds of any
series in respect of property which, under the restrictions and
limitations therein specified, may be subject to liens prior to
the lien of the Indenture, the holder, by accepting this bond,
assents. To the extent permitted by and as provided in the
Indenture, the rights and obligations of the Company and of the
holders of said bonds (including those pertaining to any sinking
or other fund) may be changed and modified, with the consent of
the Company, by the holders of at least 75% in aggregate princi-
pal amount of the bonds then outstanding (or, if one or more, but
less than all, series of bonds are affected, by the holders of at
least 75% in aggregate principal amount of outstanding bonds of
such one or more series so affected), such percentage being
determined as provided in the Indenture; provided, however, that
without the consent of the holder hereof no such modification or
alteration shall be made which will extend the time of payment
of the principal of, premium, if any, or the interest on this
bond or reduce the principal amount hereof, or premium, if any,
or the rate of interest hereon or effect any other modification
of the term of payment of such principal or interest or will
permit the creation of any lien ranking prior to or on a parity
with the lien of the Indenture on any of the mortgaged property,
or will deprive any non-assenting holder of this bond of a lien
upon the mortgaged property for the security of this bond, or
will reduce the percentage of bonds required for the aforesaid
action under the Indenture and provided further that, as provided
in Section 4.02 of the Twentieth Supplemental Indenture, when all
bonds of all series issued prior to January 1, 1976, shall cease to
be outstanding, each reference to "75%" in this sentence shall
become "60%." This bond is one of a series of bonds designated
as the First Mortgage Bonds 8.375% Series due 2002 of the Com-
pany.
The bonds of this series are subject to redemption upon not
less than thirty (30) nor more than sixty (60) days' prior
notice, in whole or in part (but if in part on a pro rata basis
with bonds of all other series then outstanding under the Inden-
ture), pursuant to the provisions of Section 8.13 of the Inden-
ture at a redemption price equal to 100% of the principal amount
of the bonds of this series to be redeemed plus interest accrued
to the date fixed for redemption. The bonds of this series are
not otherwise subject to redemption prior to their maturity.
If this bond shall be called for redemption, and payment of
the redemption price shall be duly provided by the Company as
specified in the Indenture, interest shall cease to accrue hereon
from and after the date of redemption fixed in the notice there-
of.
The principal of this bond nay be declared or may become due
prior to the maturity date hereinbefore named, on the conditions,
in the manner and at the times set forth in the Indenture, upon
the happening of a default as therein defined.
This bond is transferable by the registered owner hereof in
person or by his duly authorized attorney at the office or agency
of the Company in the Borough of Manhattan, The City of New York,
upon surrender and cancellation of this bond, and thereupon a new
bond or bonds of the same series and maturity, for a like aggre-
gate principal amount, will be issued to the transferee in
exchange therefor, as provided in the Indenture. The Company and
the Trustee and any registrar and any paying agent may deem and
treat the person in whose name this bond is registered as the
absolute owner hereof for the purpose of receiving payment and
for all other purposes.
This bond, alone or with other bonds of the same series and
maturity, may in like manner be exchanged at such office or
agency for one or more new bonds of the same series and maturity,
in denominations of $1,000 and multiples thereof from time to
time authorized by the Board of Directors of the Company, of the
same aggregate principal amount. Upon each such transfer or
exchange the Company may require the payment of charges as
prescribed in the Indenture.
No recourse under or upon any covenant or obligation of the
Indenture, or of any bonds thereby secured, or for any claim
based thereon, or otherwise in any manner in respect thereof,
shall be had against any incorporator, subscriber to the capi-
tal stock, shareholder, officer or director, as such, whether
former, present or future, of the Company or any successor corpo-
ration, either directly, or indirectly through the Company or the
Trustee, by the enforcement of any subscription to capital stock,
assessment or otherwise, or by any legal or equitable proceeding
by virtue of any constitution, statute, contract of subscription
or otherwise (including, without limiting the generality of the
foregoing, any proceeding to enforce any claimed liability of
stockholders of the Company based upon any theory of disregarding
the corporate entity of the Company or upon any theory that the
Company was acting as the agent or instrumentality of the stock-
holders), any and all such liability of incorporators, stock-
holders, subscribers, officers and directors, as such, being
released by the holder hereof, by the acceptance of this bond,
and being likewise waived and released by the terms of the Inden-
ture under which this bond is issued.
This bond shall not be valid or become obligatory for any
purpose until the certificate of authentication endorsed hereon
shall have been signed xx Xxxxxx Guaranty Trust Company of New
York, or its successor, as Trustee under the Indenture.
IN WITNESS WHEREOF, PENNSYLVANIA GAS AND WATER COMPANY has
caused this bond to be signed in its name by, or to bear the
facsimile signature of, its President or a Vice President, and
its corporate seal to be affixed hereto and attested by, or to
bear the facsimile signature of its Secretary or an Assistant
Secretary.
Dated:
PENNSYLVANIA OAS AND WATER COMPANY
By:
-----------------------------------
Vice President
Attest:
-------------------------------
Secretary
[FORM OF TRUSTEE'S CERTIFICATE OF AUTHENTICATION]
This bond is one of the bonds of the series designated
therein, described in the within-mentioned Indenture.
XXXXXX GUARANTY TRUST COMPANY
OF NEW YORK, as Trustee
By:
-------------------------------
Authorized Officer
[End of Form of Bond]
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 Twenty-Sixth Supple-
Indenture have been complied with and observed, and all things
necessary to make this Twenty-Sixth 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, and the
issue of the bonds of the Eighteenth Series, hereinafter referred
to, has been in all respects duly authorized;
NOW, THEREFORE, THIS TWENTY-SIXTH SUPPLEMENTAL INDENTURE
WITNESSETH: That PENNSYLVANIA GAS AND WATER COMPANY, in consider-
ation 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, and to declare the terms
and conditions upon and subject to which bonds of the Eighteenth
Series are and are to be issued and secured, hath granted, bar-
gained, 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 Xxxxxx Guaranty Trust Company of New York,
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 this 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, im-
provements, 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, fix-
tures, engines, boilers, pumps, meters, transmission and distri-
bution 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 pro-
curing, manufacturing, transmitting or distributing water or gas,
whether the same or any thereof are now owned by the Company or
hereafter acquired by it.
Also without limitation of the foregoing, all real estate and
interests in real estate acquired by sale or by merger of sub-
sidiary or constituent companies, now owned or as may be subse-
quently 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 con-
tained, the following described property (which generally
includes property additions through October 31, 1992, 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:
01. Parcel of land situate in the Township of South Abington,
Lackawanna County, from Xxxxxx Corporation, by Deed dated
August 17, 1992 and recorded August 21, 1992 in Lackawanna County
Deed Book 1406 at Page 49. Containing nine and ninth-tenths
(9.9) acres.
II
The following rights-of-way and/or easements situate in the
County of Columbia and Commonwealth of Pennsylvania, to wit:
01. Right-of-way for gas pipeline in the Town of Bloomsburg,
Columbia County, from Bloomsburg Hospital Properties, by Inden-
ture dated June 25,1990 and recorded September 24, 1992 in
Columbia County Record Book 513 at Page 163.
02. Right-of-way for gas pipeline in the Township of South
Centre, Columbia County, from Xxxxxxx Holding Corporation, by
Indenture dated October 26, 1992 and recorded October 29, 1992 in
Columbia County Record Book 516 at Page 420.
III
The following rights-of-way and/or easements situate in the
County of Lackawanna and Commonwealth of Pennsylvania, to wit:
01. Right-of-way for gas pipeline in the City of Carbondale,
Lackawanna County, from Xxxxxxx Xxxxxxx, et ux, by Indenture
dated July 27, 1992, and recorded September 25, 1992 in
Lackawanna County Deed Book 1409 at Page 345.
02. Right-of-way for gas pipeline in the Township of South
Abington, Lackawanna County, from Xxxxxx X. Xxxx, by Indenture
dated July 28, 1992 and recorded September 25, 1992 in Lackawanna
County Deed Book 1409 at Page 349.
03. Right-of-way for gas pipeline in the Borough of Xxxxxx,
Lackawanna County, from Scranton-Lackawanna Industrial Building
Company, by Indenture dated July 28, 1992 and recorded
September 1992, in Lackawanna County Deed Book 1409 at Page 391.
04. Right-of-way for gas pipeline in the Borough of Xxxxxxx
City, Lackawanna County, from Xxxx Xxxxxx, by Indenture dated
July 30, 1992 and recorded September 25, 1992 in Lackawanna
County Deed Book 1409 at Page 353.
05. Right-of-way for gas pipeline in the City of Scranton,
Lackawanna County, from Xxxxx Xxxxxxx, by Indenture dated
August 7, 1992 and recorded September 25, 1992 in Lackawanna
County Deed Book 1409 Page 357.
06. Right-of-way for gas pipeline in the City of Scranton,
Lackawanna County, from Xxxxxx X. Xxxxxx, Xx., et al, by Inden-
ture dated August 11, 1992 and recorded September 25, 1992 in
Lackawanna County Deed Book 1409 at Page 361.
07. Right-of-way for gas pipeline in the Borough of Xxxxxxx
City, Lackawanna County, from Xxxx Mountain Village, by Indenture
dated August 12, 1992 and recorded September 25, 1992 in
Lackawanna County Deed Book 1409 at Page 397.
08. Right-of-way for water pipeline in the Borough of Xxxxxxx
City, Lackawanna County, from Xxxx Mountain Village, by Indenture
dated August 12, 1992 and recorded September 25, 1992 in
Lackawanna County Deed Book 1409 at Page 403.
09. Right-of-way for gas pipeline in the Borough of Xxxxxx,
Lackawanna County, from Xxxx Xxx Xxxxxxx, by Indenture dated
August 14, 1992 and recorded September 25, 1992 in Lackawanna
County, Deed Book 1409 at Page 366.
10. Right-of-way for gas pipeline in the Borough of Old
Forge, Lackawanna County, from Xxxxx Xxxxxxx, by Indenture dated
August 19, 1992 and recorded September 25, 1992 in Lackawanna
County Dead Book 1409 at Page 370.
11. Right-of-way for gas pipeline in the Township of Fell,
Lackawanna County, from Xxxxxxx X. Xxxxxxxxx, et ux, by Indenture
dated August 20, 1992 and recorded September 25, 1992 in
Lackawanna County Deed Book 1409 at Page 374.
12. Right-of-way for gas pipeline in the Township of Xxxxx,
Lackawanna County, from Xxxxx Township Hose Company No. 1, by
Indenture dated August 29, 1992 and recorded September 25, 1992
in Lackawanna County Deed Book 1409 at Page 378.
13. Right-of-way for gas pipeline in the Borough of Xxxxxxx
City, Lackawanna County, from Xxx Xxxxxx, widow, by Indenture
dated August 31, 1992 and recorded September 25, 1992 in
Lackawanna County Deed Book 1409 at Page 383.
14. Right-of-way for gas pipeline in the Borough of Moosic,
Lackawanna County, from Xxxxxxxx Xxxxxxx, widow, by Indenture
dated September 10, 1992 and recorded September 25, 1992 in
Lackawanna County Deed Book 1409 at Page 387.
15. Right-of-way for gas pipeline in the Township of Xxxxx,
Lackawanna County, from Xxxxx X. Xxxxxxxx, et ux, by Indenture
dated September 22, 1992 and recorded September 25, 1992 in
Lackawanna County Deed Book 1409 at Page 340.
16. Right-of-way for water pipeline in the City of Scranton,
Lackawanna County, from Xxx. Xxxxxx, Trustee for St. Xxxxxxx of
Xxxxx Xxxxx Catholic Parish of Scranton, by Indenture dated
September 23, 1992 and recorded October 30, 1992 in Lackawanna
County Deed Book 1413 at Page 144.
17. Right-of-way for gas pipeline in the Borough of Clarks
Green, Lackawanna County, from Xxxxx X. Xxxxxxxx, et ux, by
Indenture dated September 27, 1992 and recorded October 30, 1992
in Lackawanna County Deed Book 1413 at Page 116.
18. Right-of-way for gas pipeline in the Borough of Dunmore,
Lackawanna County, from Xxxxxxx Xxxxxxxxxx, et ux, by Indenture
dated September 29, 1992 and recorded October 30, 1992 in
Lackawanna County Deed Book 1413 Page 120.
19. Right-of-way for gas pipeline in the Township of South
Abington, Lackawanna County, from Xxxx X. Xxxxx, et ux, by
Indenture dated September 28, 1992 and recorded October 30, 1992
in Lackawanna County Deed Book 1413 at Page 124.
20. Right-of-way for gas pipeline in the Township of South
Abington, Lackawanna County, from Xxxx Xxxxxx Xxxxxx, Xx., et ux,
by Indenture dated September 28, 1992 recorded October 30, 1992
in Lackawanna County Deed Book 1413 at Page 128.
21. Right-of-way for gas pipeline in the Borough of Archbald,
Lackawanna County, from Xxxxxx X. XxXxxxxxx, et ux, by Indenture
dated September 30, 1992 and recorded October 30, 1992 in
Lackawanna County Deed Book 1413 at Page 132.
22. Right-of-way for gas pipeline in ft Borough of Xxxxxx,
Lackawanna County, from Xxxxx Xxxxxx, by Indenture dated
October 1, l992 and recorded October 30, 1992 in Lackawanna
County Deed Book 1413 at Page 136.
23. Right-of-way for gas pipeline in the Township of Carbon-
xxxx, Lackawanna County, from Xxxx Xxxx, et ux, by Indenture
dated October 1, 1992 and recorded October 30, 1992 in Lackawanna
County Deed Book 1413 at Page 140.
24. Right-of-way for gas pipeline in the Borough of Moosic,
Lackawanna County, from Xxxxxxx X. Xxxxx, et ux, by Indenture
dated October 5, 1992, and recorded October 30, 1992 in
Lackawanna County Deed Book 1413 at Page 112.
IV
The following rights-of-way and/or easements situate in the
County of Luzerne and Commonwealth of Pennsylvania, to wit:
01. Right-of-way for gas pipeline in the Borough of West
Wyoming, Luzerne County, from Diamond Manufacturing Company, by
Indenture dated July 8, 1992 and recorded October 28, 1992 in
Luzerne County Deed Book 2436 at Page 629.
02. Right-of-way for water pipeline in the Township of
Plains, Luzerne County, from Consolidated Rail Corporation, by
Indenture dated August 10, 1992 and recorded October 28, 1992 in
Luzerne County Deed Book 2436 at Page 781.
03. Right-of-way for gas pipeline in the Borough of Forty-
Fort, Luzerne County, from Xxxxxx X. Xxxxxxxxxxx, et ux, by
Indenture dated August 11, 1992 and recorded September 24, 1992
in Luzerne County Deed Book 2432 at Page 1131.
04. Right-of-way for gas pipeline in the Borough of West
Wyoming, Luzerne County, from Xxxxxxx X. Xxxxxxx, by Indenture
dated August 11, 1992 and recorded September 24, 1992 in Luzerne
County Deed Book 2432 at Page 1127.
05. Right-of-way for gas pipeline in the Borough of
Larksville, Luzerne County, from Xxxxx Xxxxxxxxxx, et ux, by
Indenture dated August 11, 1992 and recorded September 24, 1992
in Luzerne County Deed Book 2432 at Page 1123.
06. Right-of-way for gas pipeline in the City of Xxxxxx-
Xxxxx, Luzerne County, from North America Islamic Trust, Inc., by
Indenture dated August 14, 1991 and recorded September 24, 1992
in Luzerne County Deed Book 2432 at Page 1114.
07. Right-of-way for gas pipeline in the City of Nanticoke,
Luzerne County, from Xxxxx Xxxxxxxxx, by Indenture dated
August 14, 1992 and recorded September 24, 1991 in Luzerne County
Deed Book 2432 at Page 1119.
08. Right-of-way for gas pipeline in the City of Nanticoke,
Luzerne County, from Xxxx Xxx Xxxxxxxx, et al, by Indenture dated
August 14, 1992 and recorded September 24, 1992 in Luzerne County
Deed Book 2432 at Page 1104.
09. Right-of-way for gas pipeline in the Township of Plains,
Luzerne County, from Xxxxxx Real Estate Development Company, by
Indenture dated August 14, 1992 and recorded September 24, 1992
in Luzerne County Deed Book 2432 at Page 1109.
10. Right-of-way for gas pipeline in the Township of Plains
and Township f Xxxxxxx, Luzerne County, from Xxxxxx X. Xxxxxxxx,
Trustee, by Indenture dated August 17, 1992 and recorded
September 24, 1992 in Luzerne County Deed Book 2432 at Page 1098.
11. Right-of-way for water pipeline in the Township of Plains
and Township of Xxxxxxx, Luzerne County, from Xxxxxx X. Xxxxxxxx,
Trustee, by Indenture dated August 17, 1992 and recorded
September 24, 1992 in Luzerne County Deed Book 2432 at Page 1092.
12. Right-of-way for gas pipeline in the Borough of Wyoming,
Luzerne County, from Wyoming Historical and Geological Society,
by Indenture dated August 18, 1992 and recorded September 24,
1992 in Luzerne County Deed Book 2432 at Page 1082.
13. Right-of-way for gas pipeline in the City of Nanticoke,
Luzerne County, from Greater Nanticoke Area School District, by
Indenture dated August 18, 1992 and recorded September 24, 1992
in Luzerne County Deed Book 2432 at Page 1087.
14. Right-of-way for water pipeline in the Borough of Exeter,
Luzerne County, from Xxxxx Xxxxxx, et ux, by Indenture dated
August 20, 1992 and recorded September 24, 1992 in Luzerne County
Deed Book 2432 at Page 1077.
15. Right-of-way for gas pipeline in the Borough of Harveys
Lake, Luzerne County, from Xxxxxx X. Xxxxx, et ux, by Indenture
dated August 22, 1992 and recorded September 24, 1992 in Luzerne
County Deed Book 2432 at Page 1073.
16. Right-of-way for water pipeline in the Township of
Newport, Luzerne County, from Xxxxxxxx Xxxxx, widow, by Indenture
dated August 27, 1992 and recorded September 24, 1992 in Luzerne
County Deed Book 2432 at Page 1069.
17. Right-of-way for gas pipeline in the Borough of Wyoming,
Luzerne County, from County of Luzerne, by Indenture dated
September 2, 1992 and recorded September 24, 1992 in Luzerne
County Deed Book 2432 at Page 1064.
18. Right-of-way for gas pipeline in the Borough of
Swoyersville, Luzerne County, from Xxxx Xxxxxxx, et al, by
Indenture dated September 14, 1992 and recorded September 24,
1992 in Luzerne County Deed Book 2432 at Page 1060.
19. Right-of-way for gas pipeline in the Borough of Forty-
Fort, Luzerne County, from Xxxxxxxx Xxxxx, et ux, by Indenture
dated September 14, 1992 and recorded September 24, 1992 in
Luzerne County Deed Book 2432 at Page 1056.
20. Right-of-way for gas pipeline in the Township of Plains,
Luzerne County, from Xxxx Xxxxxx Xxxxxx, et vir, by Indenture
dated September 14, 1992 and recorded September 24, 1992 in
Luzerne County Deed Book 2432 at Page 1052.
21. Right-of-way for water pipeline in the Township of
Hanover, Luzerne County, from Housing Development Corporation of
Northeastern Pennsylvania, by Indenture dated September 22, 1992
and recorded October 28, 1992 in Luzerne County Deed Book 2436 at
Page 772.
22. Right-of-way for gas pipeline in the Township of Hanover,
Luzerne County, from Housing Development Corporation of North-
eastern Pennsylvania, by Indenture dated September 22, 1992 and
recorded October 28, 1992 in Luzerne County Deed Book 2436 at
Page 763.
23. Right-of-way for cathodic protection in the Township of
Xxxxxxx, Luzerne County, from Township of Xxxxxxx, by Indenture
dated September 22, 1992 and recorded October 28, 1992 in Luzerne
County Deed Book 2436 at Page 759.
24. Right-of-way for gas pipeline in the Borough of Plymouth,
Luzerne County, from Xxxx X. Xxxxxx, et ux, by Indenture dated
September 29, 1992 and recorded October 28, 1992 in Luzerne
County Deed Book 2436 at Page 744.
25. Right-of-way for water pipeline in the Township of
Plains, Luzerne County, from Consolidated Rail Corporation, by
Indenture dated September 30, 1992 and recorded October 28, 1992
in Luzerne County Deed Book 2436 at Page 749.
26. Right-of-way for water pipeline in the Township of
Hanover, Luzerne County, from Greater Xxxxxx-Xxxxx Industrial
Fund, Inc., et al, by Indenture dated October 1, 1992 and
recorded October 28, 1992 in Luzerne County Deed Book 2436 at
Page 738.
27. Right-of-way for gas pipeline in the Township of Hanover,
Luzerne County, from Greater Xxxxxx-Xxxxx Industrial Fund, Inc.,
et al, by Indenture dated October 1, 1992 and recorded
October 28, 1992 in Luzerne County Deed Book 2436 at Page 732.
28. Right-of-way for gas pipeline in the Borough of Wyoming,
Luzerne County, from Borough of Wyoming, by Indenture dated
October 5, 1992 and recorded October 28, 1992 in Luzerne County
Deed Book 2436 at Page 727.
29. Right-of-way for gas pipeline in the Borough of Wyoming,
Luzerne County, from Xxxx X. Xxxxxxxxx, by Indenture dated
October 6, 1992 and recorded October 28, 1992 in Luzerne County
Deed Book 2436 at Page 723.
30. Right-of-way for water pipeline in the Township of
Xxxxxx-Xxxxx, Luzerne County, from First Union Real Estate Equity
and Mortgage Investments, et al, by Indenture dated October 8,
1992 and recorded October 28, 1992 in Luzerne County Deed Book
2436 at Page 706.
31. Right-of-way for gas pipeline in the City of Nanticoke,
Luzerne County, from Xxxx X. Xxxxxxx, by Indenture dated
October 8, 1992 and recorded October 28, 1992 in Luzerne County
Deed Book 2436 at Page 702.
32. Right-of-way for gas pipeline in the City of Xxxxxx-
Xxxxx, Luzerne County, from Xxxxxxxx Tobacco Company, by Inden-
ture dated October 15, 1992 and recorded October 28, 1992 in
Luzerne County Deed Book 2436 at Page 697.
33. Right-of-way for gas pipeline in the Township of Hanover,
Luzerne County, from Xxxx Xxxx, by Indenture dated October 15,
1992 and recorded October 28, 1992 in Luzerne County Deed Book
2436 at Page 693.
34. Right-of-way for water pipeline in the Township of
Plains, Luzerne County, from Greater Xxxxxx-Xxxxx Industrial
Fund, Inc., by Indenture dated October 19, 1992 and recorded
October 28, 1992 in Luzerne County Deed Book 2436 at Page 686.
35. Right-of-way for gas pipeline in the Township of Plains,
Luzerne County, from Greater Xxxxxx-Xxxxx Industrial Fund, Inc.,
by Indenture dated October 19, 1992 and recorded October 28, 1992
in Luzerne County Deed Book 2436 at Page 716.
36. Right-of-way for gas pipeline in the Township of Hanover,
Luzerne County, from Xxx X. Xxxxx, by Indenture dated October 27,
1992 and recorded October 28, 1992 in Luzerne County Deed Book
2436 at Page 672.
37. Right-of-way for gas pipeline in the City of Xxxxxx-
Xxxxx, Luzerne County, from Xxx Xxxxxxxx, Inc., by Indenture
dated October 27, 1992 and recorded October 28, 1992 in Luzerne
County Deed Book 2436 at Page 681.
38. Right-of-way for gas pipeline in the City of Xxxxxx-
Xxxxx, Luzerne County, from Xxx Xxxxxxxx, Inc., by Indenture
dated October 27, 1992 and recorded October 28, 1992 in Luzerne
County Deed Book 2436 at Page 676.
V
The following rights-of-way and/or easements situate in the
County of Lycoming and Commonwealth of Pennsylvania. to wit:
01. Right-of-way for gas pipeline in the City of
Williamsport, Lycoming County, from State Farm Mutual Automobile
Insurance Company, by Indenture dated June 9, 1992 and recorded
June 11, 1992 in Lycoming County Deed Book 1880 at Page 169.
02. Right-of-way for gas pipeline in the Borough of
Montoursville, Lycoming County, from Pennsylvania College of
Technology, by Indenture dated July 2, 1992 and recorded
September 24, 1992 in Lycoming County Deed Book 1935 at Page 329.
03. Right-of-way for gas pipeline in the Borough of South
Williamsport, Lycoming County, from Consolidated Rail Corpora-
tion, by Indenture dated July 13, 1992 and recorded September 24,
1992 in Lycoming County Deed Book 1935 at Page 342.
04. Right-of-way for gas pipeline in the Borough of
Montoursville, Lycoming County, from Consolidated Rail Corpora-
tion, by Indenture dated July 13, 1992 and recorded September 24,
1992 in Lycoming County Deed Book 1935 at Page 333.
05. Right-of-way for gas pipeline in the Borough of South
Williamsport, Lycoming County, from Xxxxxx X. Xxxxxxxxxx, by
Indenture dated July 20, 1992 and recorded September 24, 1992 in
Lycoming County Deed Book 1936 at Page 1.
06. Right-of-way for gas pipeline in the Township of
Loyalsock, Lycoming County, from Loyalsock Township School Dis-
trict, by Indenture dated July 29, 1992 and recorded
September 24, 1992 in Lycoming County Deed Book 1936 at Page 5.
07. Right-of-way for gas pipeline in the Township of Xxxxx
Creek, Lycoming County, from Pennsylvania Fish Commission, by
Indenture dated August 5, 1992 and recorded October 29, 1992 in
Lycoming County Deed Book 1956 at Page 278.
08. Right-of-way for gas pipeline in the Township of Xxxxx
Creek, Lycoming County, from Xxxxx X. Xxxxxxx, et ux, by Inden-
ture dated September 24, 1992 and recorded October 29, 1992 in
Lycoming County Deed Book 1956 at Page 286.
09. Right-of-way for gas pipeline in the City of
Williamsport, Lycoming County, from Pennsylvania College of
Technology, by Indenture dated September 28, 1992 and recorded
October 29, 1992 in Lycoming County Deed Book 1956 at Page 291.
10. Right-of-way for gas pipeline in the Township of Old
Lycoming, Lycoming County, from Township of Old Lycoming, by
Indenture dated October 26, 1992 and recorded October 29, 1992 in
Lycoming County Deed Book 1956 at Page 295.
VI
The following rights-of-way and/or easements situate in the
County of Northumberland and Commonwealth of Pennsylvania, to wit:
01. Right-of-way for gas pipeline in the Borough of
Northumberland, Northumberland County, from Xxxxx X. Xxxxxx, et
ux, by Indenture dated September 24, 1992 and recorded
October 29, 1992 in Northumberland County Misc. Book 879 at Page
689.
02. Right-of-way for gas pipeline in the Township of Turbot,
Northumberland County, from Xxxx X. Xxxxxx, et ux, by Indenture
dated October 22, 1992 and recorded October 29, 1992 in
Northumberland County Misc. Book 879 at Page 692.
VII
The following rights-of-way and/or easements situate in the
County of Xxxxxx and Commonwealth of Pennsylvania, to wit:
01. Right-of-way for gas pipeline in the Borough of
Selinsgrove, Xxxxxx County, from Xxxxxxx X. Xxxxx, et ux, by
Indenture dated September 24, 1992 and recorded October 29, 1992
in Xxxxxx County Record Book 299 at Page 948.
02. Right-of-way for gas pipeline in the Borough of
Selinsgrove, Xxxxxx County, from Xxxxxx X. Xxxxxx, et ux, by
Indenture dated September 28, 1992 and recorded October 29, 1992
in Xxxxxx County Record Book 299 at Page 952.
VIII
The following rights-of-way and/or easements situate in the
County of Susquehanna and Commonwealth of Pennsylvania, to wit:
01. Right-of-way for gas pipeline in the Township of Auburn,
Susquehanna County, from Xxxxxxx X. Xxxxxxx, et ux, by Indenture
dated October 28, 1992 and recorded October 28, 1992 in
Susquehanna County Deed Book 485 at Page 1023.
IX
The following rights-of-way and/or easements situate in the
County of Wyoming and Commonwealth of Pennsylvania, to wit:
01. Right-of-way for gas pipeline in the Township of Clinton,
Wyoming County, from Lackawanna Trail Joint School District
Authority, by Indenture dated August 14, 1992 and recorded
September 25, 1992 in Wyoming County Deed Book 288 at Page 856.
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 pre-
mium, if any, due or to become due in respect thereof at the
times and in the manner stipulated therein and shall keep, per-
form 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 effec-
tive the lien intended to be created by the Indenture with
respect to all of the properties hereinabove described and that
all bonds are to be issued, authenticated, delivered and held,
and that all property subject or to become subject to the Inden-
ture 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 Twenty-Sixth Supplemen-
tal Indenture, in all respects as if said property was specific-
ally 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.
CREATION OF BONDS OF THE EIGHTEENTH SERIES
Sec. 1.01. There is hereby created a new series of bonds to
be issued under the Original Indenture which shall be designated
First Mortgage Bonds 8.375% Series due 2002. Without limiting
the rights of the holders of the bonds under Section 2.11 of the
Original Indenture, the aggregate principal amount of bonds of
the Eighteenth Series shall be limited to $30,000,000. All bonds
of the Eighteenth Series shall mature December 1, 2002, and shall
bear interest at the rate of 8.375% per annum, payable semi-
annually on the first day of June and first day of December in
each year, commencing June 1, 1993. The principal of and
interest on each such bond shall be payable at the office or
agency of the Company in the Borough of Manhattan, The City of
New York, and both principal and interest shall be payable in any
coin or currency of the United States of America which at the
time of payment shall be legal tender for the payment of public
and private debts.
The bonds of the Eighteenth Series shall be dated the date of
their authentication and shall bear interest from the date of the
bond (except that if any such bond shall be authenticated after
the first interest payment date for bonds of the Eighteenth
Series it shall bear interest from the interest payment date next
preceding the date of such bond, and except that if any bond of
the Eighteenth Series is authenticated between a record date, as
defined below, and the interest payment date in respect thereof
it shall bear interest from such interest payment date). So long
as there is no existing default in the payment of interest on the
bonds of the Eighteenth Series, the person in whose name any bond
of the Eighteenth Series is registered at the close of business
on the record date with respect to any interest payment date (the
term "record date" as used with respect to an interest payment
date shall mean the fifteenth day of May or the fifteenth day of
November next preceding the interest payment date whether or not
such fifteenth day is a business day) shall be entitled to re-
ceive the interest payable on such interest payment date notwith-
standing any transfer or exchange of the bond of the Eighteenth
Series subsequent to the record date and on or prior to the
interest payment date, except if, and to the extent, the Company
shall default in the payment of the interest due on such interest
payment date, the default interest shall be paid to the person in
whose name the bond of the Eighteenth Series is registered five
(5) days before the date of payment of the defaulted interest.
Bonds of the Eighteenth Series shall be issued as fully regis-
tered bonds without coupons, in denominations of $1,000 and mul-
tiples thereof from time to time authorized by the Board of
Directors.
Bonds of the Eighteenth Series shall be registrable and inter-
changeable at the office or agency of the Company in the Borough
of Manhattan, The City of New York, in the manner and upon the
terms set forth in Section 2.05 of the Original Indenture, upon
payment of charges as required or permitted by the provisions of
Section 2.08 of the Original Indenture as amended.
The bonds of the Eighteenth Series shall be redeemable upon
not less than thirty (30) nor more than sixty (60) days' prior
notice, in whole or in part, pursuant to the requirements of the
Indenture, upon the terms and conditions hereinafter specified in
Section 1.02 hereof.
Sec. 1.02. The bonds of the Eighteenth Series are subject to
mandatory redemption, in whole or in part (but if in part on a
pro rata basis with bonds of all other series then outstanding
under the Indenture), pursuant to the provisions of Section 8.13
of the Indenture at a redemption price equal to 100% of the prin-
cipal amount of the bonds of the Eighteenth Series to be redeemed
plus interest accrued to the date fixed for redemption. The
bonds of the Eighteenth Series are not otherwise subject to
redemption prior to their maturity.
Sec. 1.03. The holder of each and every bond of the
Eighteenth Series hereby agrees to accept payment thereof prior
to maturity on the terms and conditions of Section 1.02 hereof
and in Section 8.13 of the Indenture.
ARTICLE 2.
NO SINKING FUND FOR BONDS OF THE EIGHTEENTH SERIES.
Bonds of the Eighteenth Series will not be entitled to the
benefit of a sinking fund.
ARTICLE 3.
ISSUANCE OF BONDS OF THE EIGHTEENTH SERIES.
Bonds of the Eighteenth Series may be executed, authenticated
and delivered from time to time as provided or permitted by the
provisions of Article 3 of the Original Indenture and the provi-
sions of this Twenty-Sixth Supplemental Indenture.
ARTICLE 4.
MISCELLANEOUS.
Sec. 4.01. Sections 4.10, 4.11 and 8.13 of the Original Inden-
ture, as amended by Section 4.01 of Article 4 of the Fourth,
Ninth, Tenth, Twelfth, Fourteenth, Fifteenth, Sixteenth, Seven-
teenth, Eighteenth, Nineteenth, Twentieth, Twenty-First, Twenty-
Second, Twenty-Third, Twenty-Fourth and Twenty-Fifth Supplemental
Indentures, are hereby further amended by this Twenty-Sixth Sup-
plemental Indenture by inserting in each such section the words
"or bonds of the 8.375% Series due 2002" immediately after the
words "bonds of the 2 7/8% Series due 1976 or bonds of the 3 1/2%
Series due 1982 or bonds of the 4 7/8% Series due 1987 or bonds
of the 4 3/4% Series due 1983 or bonds of the 5 1/2% Series due
1985 or bonds of the 5% Series due 1986 or bonds of the 4 5/8%
Series due 1988 or bonds of the 5 7/8% Series due 1991 or bonds
of the 6 7/8% Series due 1992 or bonds of the 10% Series due 1995
or bonds of the 8% Series due 1997 or bonds of the 9 1/4% Series
due 1996 or bonds of the 9% Series due 1991 or bonds of the 9.23%
Series due 1999 or bonds of the 9.34% Series due 2019 or bonds of
the 9.57% Series due 1996 or bonds of the 7.20% Series due 2017"
each time such last mentioned words occur therein.
Sec. 4.02. The Trustee accepts the trusts hereby declared and
provided and agrees to perform the same upon the terms and condi-
tions in the Original Indenture and in this Twenty-Sixth Supple-
mental Indenture set forth. The Trustee shall not be responsible
in any manner whatsoever for or in respect of the validity or
sufficiency of this Twenty-Sixth 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-
five supplemental indentures and as supplemented by this Twenty-
Sixth Supplemental Indenture is in all respects ratified and
confirmed, and the Original Indenture, together with the twenty-
six indentures supplemental thereto, shall be read, taken and
construed as one and the same indenture.
Sec. 4.03. This Twenty-Sixth 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 set act and deed to acknowledge this
Twenty-Sixth 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 Xxxxxx Guaranty Trust Company of New York does
hereby constitute and appoint Xxxxx X. Xxxxxx to be its attorney
for it, and in its name and as and for its corporate act and deed
to acknowledge this Twenty-Sixth 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.
IN WITNESS WHEREOF, said PENNSYLVANIA GAS AND WATER COMPANY
and said XXXXXX GUARANTY COMPANY OF NEW YORK 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
By: XXXX X. XXXX, XX.
---------------------------
Name: Xxxx X. Xxxx, Xx.
Title: Vice President, Finance
[CORPORATE SEAL]
Attest: XXXXXX X. XXXX
------------------
Secretary
XXXXXX GUARANTY TRUST COMPANY OF
NEW YORK, as TRUSTEE
By: X. XXXXXXX
---------------------------
Name: X. Xxxxxxx
Title: Vice President
[CORPORATE SEAL]
Attest: XXXXX X. XXXXXX
-------------------
Assistant Secretary
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF LUZERNE
ss:
BE IT REMEMBERED that on the 9th day of December, A. D., 1992,
before me, Xxxx X. Xxxxxxxx, a 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 per-
sonally 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 COM-
PANY 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 depo-
nent; 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.
XXXXXX X. XXXX
-----------------------
Xxxxxx X. Xxxx
[NOTARIAL SEAL]
Sworn and subscribed before me
the day and year aforesaid
XXXX X. XXXXXXXX
------------------------------
Notary Public
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF LUZERNE
ss:
I HEREBY CERTIFY that on this 9th day of December, A. D.,
1992, before me, Xxxx X. Xxxxxxxx, 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.
XXXX X. XXXXXXXX
--------------------------
Notary Public
[NOTARIAL SEAL]
STATE OF NEW YORK
COUNTY OF NEW YORK
ss:
BE IT REMEMBERED that on the 8th day of December, A. D., 1992,
before me, Xxxxxx X. Xxxxxxxx, a Notary Public in and for said
County and State, commissioned for the County of New York, per-
sonally came Xxxxx X. Xxxxxx, who, being duly sworn according to
law, doth depose and say that she was personally present and did
see the common or corporate seal of the above-named XXXXXX
GUARANTY TRUST COMPANY OF NEW YORK affixed to the foregoing Sup-
plemental Indenture; that the seal so affixed is the common or
corporate seal of said XXXXXX GUARANTY TRUST COMPANY OF NEW YORK
and was so affixed by authority of said corporation as the act
and deed hereof; that the above-named X. Xxxxxxx is a Vice Presi-
dent 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.
XXXXX X. XXXXXX
-----------------------
Xxxxx X. Xxxxxx
Sworn and subscribed before me
the day and year aforesaid.
XXXXXX X. XXXXXXXX
------------------------------
Notary Public
[NOTARIAL SEAL]
STATE OF NEW YORK
COUNTY OF NEW YORK
ss:
I HEREBY CERTIFY that on this 8th day of December, A. D.,
1992, before me, Xxxxxx X. Xxxxxxxx, a Notary Public in and for
said County and State, commissioned for the County of New York,
personally appeared Xxxxx X. Xxxxxx, the attorney named in the
foregoing Supplemental Indenture, and she, by virtue and in pur-
suance of the authority therein conferred upon her, acknowledged
said Supplemental Indenture to be the act and deed of the said
XXXXXX GUARANTY TRUST COMPANY OF NEW YORK.
Witness my hand and notarial seal the day and year aforesaid.
XXXXXX X. XXXXXXXX
--------------------------
Notary Public
[NOTARIAL SEAL]
CERTIFICATE OF RESIDENCE
XXXXXX GUARANTY TRUST COMPANY OF NEW YORK hereby certifies
that its precise name and address as Trustee hereunder are:
XXXXXX GUARANTY TRUST COMPANY OF NEW YORK, No. 00 Xxxx Xxxxxx,
Xxx Xxxx, Xxx Xxxx 00000.
By: XXXXXXXXX X. XXXXXXX
--------------------------
Name: Xxxxxxxxx X. Xxxxxxx
Title: Trust Officer