SOUTHWEST WATER COMPANY AND THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., Trustee FIRST SUPPLEMENTAL INDENTURE Dated as of September 13, 2010First Supplemental Indenture • September 14th, 2010 • Southwest Water Co • Water supply • California
WHEREAS, the Corporation is party to that certain Agreement and Plan of Merger, dated as of March 2, 2010, by and among SW Merger Acquisition Corp., a Delaware corporation (“Parent”), SW Merger Sub Corp., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and the Corporation, pursuant to which Merger Sub is to merge with and into the Corporation (the “Merger”), with the Corporation continuing as the surviving corporation and a wholly owned subsidiary of Parent, and the holders of the Corporation’s Common Stock will have the right to receive $11.00 per share in cash (the “Merger Consideration”);
