Exhibit 4.01 (f)
1991 SUPPLEMENTAL INDENTURE
This 1991 Supplemental Indenture, made as of March 15, 1991, by and
between EQUITABLE RESOURCES, INC. (formerly Equitable Gas Company), a
Pennsylvania corporation having its principal office at 420 Boulevard of the
Allies, Xxxxxxxxxx, Xxxxxxxxxxxx 00000 (the "Company"), and BANKERS TRUST
COMPANY, a New York corporation having its principal office at Four Xxxxxx
Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, as successor trustee (the "Trustee") under the
Indenture dated as of April 1, 1983 (the "Indenture") from the Company,
WITNESSETH THAT:
WHEREAS, Section 901(5) of the Indenture provides that, without the
consent of any Holders, the Company, when authorized by a Board Resolution, and
the Trustee may enter into a supplemental indenture for the purpose, among
others, of changing or eliminating any of the provisions of the Indenture,
provided that any such change or elimination shall become effective only when
there is no Security Outstanding of any series created prior to the execution of
such supplemental indenture which is entitled to the benefit of such provision;
WHEREAS, four series of Securities have been created prior to the
execution hereof, three of which series, to wit: the Debentures, 8 1/4% Series
Due July 1, 1996, the Debentures, 7 1/2% Series Due July 1, 1999, and the
Debentures, 9.90% Series Due April 15, 2013, remain Outstanding in varying
principal amounts and are entitled to the benefit of the provisions of the
Indenture eliminated hereby;
WHEREAS, the execution and delivery of this 1991 Supplemental Indenture
have been duly authorized by a Board Resolution.
NOW, THEREFORE, the parties hereto, for and in consideration of the
premises, and intending to be legally bound hereby, do hereby agree to eliminate
from the Indenture, in their entirety, Section 1004, containing a limitation on
liens, and Section 1005, containing a limitation upon additional funded debt,
provided that the elimination of each of these provisions shall become effective
only when there is no Security Outstanding of any series created prior to the
execution of this Supplemental Indenture which is entitled to the benefit of
such provisions. After the elimination of the above-mentioned provisions becomes
effective, all references to such provisions contained elsewhere in the
Indenture shall be deemed also to have been eliminated and given no effect.
This instrument is and for all purposes shall be considered supplemental
to the Indenture which, as heretofore supplemented and as supplemented hereby,
shall remain in full force and effect.
Terms capitalized herein and defined in the Indenture are used herein as
therein defined.
The Trustee does hereby approve the form of this 1991 Supplemental
Indenture.
WITNESS the due execution hereof as of the day and year first above
written.
EQUITABLE RESOURCES, INC.
By
-------------------------------
Vice President and Treasurer
[Corporate Seal]
ATTEST:
Corporate Secretary
BANKERS TRUST COMPANY,
as Trustee
By
Title
[Corporate Seal]
ATTEST:
Authorized Officer
COMMONWEALTH OF PENNSYLVANIA )
) ss:
COUNTY OF ALLEGHENY )
On this _________ day of ______________________, 1991, before me, the
undersigned officer, personally appeared _________________________, who
acknowledged himself to be Vice President and Treasurer of Equitable Resources,
Inc., a corporation, and that he as such officer, being authorized to do so,
executed the foregoing instrument for the purposes therein contained by signing
the name of the corporation by himself as such officer.
IN WITNESS WHEREOF, I hereunto set me hand and official seal.
Notary Public
My Commission expires:
COMMONWEALTH OF NEW YORK )
) ss:
COUNTY OF NEW YORK )
On this _________ day of ______________________, 1991, before me, the
undersigned officer, personally appeared _________________________, who
acknowledged himself to be A _______________________ of Bankers Trust Company, a
corporation, and that he as such officer, being authorized to do so, executed
the foregoing instrument for the purposes therein contained by signing the name
of the corporation by himself as such officer.
IN WITNESS WHEREOF, I hereunto set me hand and official seal.
Notary Public
My Commission expires:
