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Forty-second Supplemental Indenture

Indenture Agreement

Forty-second Supplemental Indenture You are currently viewing:
This Indenture Agreement involves

Bankers Trust Company | DEUTSCHE BANK TRUST COMPANY | IDAHO POWER COMPANY | Maine Company

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Title: Forty-second Supplemental Indenture
Date: 6/4/2007

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Heading 1

Exhibit 4

Executed in
75 Counterparts
of which this is
Counterpart No. ___

IDAHO POWER COMPANY

TO

DEUTSCHE BANK TRUST COMPANY AMERICAS

AND

STANLEY BURG,

As Trustees under its Mortgage and Deed of Trust dated as of October 1, 1937.

_______________

Forty-second Supplemental Indenture
Dated as of May 1, 2007



TABLE OF CONTENTS[1]

                                                      Page                                    

Parties and Recitals........................................................................................................................... 1

ARTICLE I

Maximum amount of obligations to be secured by the indenture.......................................................... 5

ARTICLE II The Trustees

Acceptance of trust........................................................................................................................... 5
Recitals deemed made by the Company............................................................................................. 5

ARTICLE III Miscellaneous Provisions

Meanings of terms............................................................................................................................. 5
Ratification and Confirmation............................................................................................................. 5
Counterparts..................................................................................................................................... 5
Testimonium...................................................................................................................................... 6
Signatures and seals........................................................................................................................... 6
Acknowledgments............................................................................................................................. 8
Affidavits......................................................................................................................................... 11

 



[1]               This table of contents shall not have any bearing upon the interpretation of this Supplemental Indenture.

                                                                              i



SUPPLEMENTAL INDENTURE, dated as of the first day of  May, 2007, made and entered into by and between IDAHO POWER COMPANY, a corporation of the State of Idaho (successor by merger to Idaho Power Company, a corporation of the State of Maine, hereinafter sometimes called the "Maine Company"), whose address is 1221 West Idaho Street, Boise, Idaho 83702-5627 (hereinafter sometimes called the "Company"), party of the first part, 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 60 Wall Street, New York, New York  10005 (hereinafter sometimes called the "Corporate Trustee"), and Stanley Burg (hereinafter sometimes called the "Individual Trustee"), parties of the second part (the Corporate Trustee and the Individual Trustee being hereinafter together sometimes called the "Trustees"), as Trustees under the Mortgage and Deed of Trust dated as of October 1, 1937 hereinafter referred to; and

WHEREAS, the Maine Company has heretofore executed and delivered to the Trustees its Mortgage and Deed of Trust (hereinafter sometimes referred to as the "Original Indenture"), dated as of October 1, 1937, to secure the payment both of the principal of and interest and premium, if any, on all Bonds at any time issued and outstanding thereunder and to declare the terms and conditions upon which Bonds are to be issued thereunder; and

WHEREAS, the Maine Company was merged into the Company on June 30, 1989; and

WHEREAS, in order to evidence the succession of the Company to the Maine Company and the assumption by the Company of the covenants and conditions of the Maine Company in the Bonds and in the Original Indenture, as supplemented, contained, and to enable the Company to have and exercise the powers and rights of the Maine Company under the Original Indenture, as supplemented, in accordance with the terms thereof, the Company executed and delivered to the Trustees a Twenty-eighth Supplemental Indenture, dated as of June 30, 1989 (which supplemental indenture is hereinafter sometimes called the "Twenty-eighth Supplemental Indenture"); and

WHEREAS, said Twenty-eighth Supplemental Indenture was recorded in the records of the County of Elko, Nevada; the Counties of Baker, Grant, Harney, Malheur, Union and Wallowa, Oregon; the Counties of Ada, Adams, Bannock, Bear Lake, Bingham, Blaine, Boise, Bonneville, Butte, Camas, Canyon, Caribou, Cassia, Clark, Elmore, Gem, Gooding, Idaho, Jefferson, Jerome, Lemhi, Lincoln, Minidoka, Oneida, Owyhee, Payette, Power, Twin Falls, Valley and Washington, Idaho; the Counties of Lincoln and Sweetwater, Wyoming; and with the Secretary of State of Montana; and

WHEREAS, in accordance with the terms of the Original Indenture, the Maine Company or the Company has executed and delivered to the Trustees the following supplemental indentures in addition to the Twenty-eighth Supplemental Indenture:



Designation

Dated as of

First Supplemental Indenture

July 1, 1939

Second Supplemental Indenture

November 15, 1943

Third Supplemental Indenture

February 1, 1947

Fourth Supplemental Indenture

May 1, 1948

Fifth Supplemental Indenture

November 1, 1949

Sixth Supplemental Indenture

October 1, 1951

Seventh Supplemental Indenture

January 1, 1957

Eighth Supplemental Indenture

July 15, 1957

Ninth Supplemental Indenture

November 15, 1957

Tenth Supplemental Indenture

April 1, 1958

Eleventh Supplemental Indenture

October 15, 1958

Twelfth Supplemental Indenture

May 15, 1959

Thirteenth Supplemental Indenture

November 15, 1960

Fourteenth Supplemental Indenture

November 1, 1961

Fifteenth Supplemental Indenture

September 15, 1964

Sixteenth Supplemental Indenture

April 1, 1966

Seventeenth Supplemental Indenture

October 1, 1966

Eighteenth Supplemental Indenture

September 1, 1972

Nineteenth Supplemental Indenture

January 15, 1974

Twentieth Supplemental Indenture

August 1, 1974

Twenty-first Supplemental Indenture

October 15, 1974

Twenty-second Supplemental Indenture

November 15, 1976

Twenty-third Supplemental Indenture

August 15, 1978

Twenty-fourth Supplemental Indenture

September 1, 1979

Twenty-fifth Supplemental Indenture

November 1, 1981

Twenty-sixth Supplemental Indenture

May 1, 1982

Twenty-seventh Supplemental Indenture

May 1, 1986

Twenty-ninth Supplemental Indenture

January 1, 1990

Thirtieth Supplemental Indenture

January 1, 1991

Thirty-first Supplemental Indenture

August 15, 1991

Thirty-second Supplemental Indenture

March 15, 1992

Thirty-third Supplemental Indenture

April 1, 1993

Thirty-fourth Supplemental Indenture

December 1, 1993

Thirty-fifth Supplemental Indenture

November 1, 2000

Thirty-sixth Supplemental Indenture

October 1, 2001

Thirty-seventh Supplemental Indenture

April 1, 2003

Thirty-eighth Supplemental Indenture

May 15, 2003

Thirty-ninth Supplemental Indenture

October 1, 2003

Fortieth Supplemental Indenture

May 1, 2005

Forty-first Supplemental Indenture

October 1, 2006

2


                                                                             



each of which is supplemental to the Original Indenture (the Original Indenture and all indentures supplemental thereto together being hereinafter sometimes referred to as the "Indenture"); and

WHEREAS, the Original Indenture and said Supplemental Indentures (except said Fifteenth Supplemental Indenture) have each been recorded in the records of the County of Elko, Nevada; the Counties of Baker, Grant, Harney, Malheur, Union and Wallowa, Oregon; the Counties of Ada, Adams, Bannock, Bear Lake, Bingham, Blaine, Boise, Bonneville, Butte, Camas, Canyon, Caribou, Cassia, Clark, Elmore, Gem, Gooding, Idaho, Jefferson, Jerome, Lemhi, Lincoln, Minidoka, Oneida, Owyhee, Payette, Power, Twin Falls, Valley and Washington, Idaho; the Counties of Lincoln and Sweetwater, Wyoming; and with the Secretary of State of Montana; and

WHEREAS, the Maine Company or the Company has heretofore issued Bonds, under and in accordance with the terms of the Indenture in the following series and aggregate principal amounts:

3


                                                                             



Series

Principal Amount Issued

Principal Amount Outstanding

3-3/4% Series due 1967

$18,000,000

None

3-1/8% Series due 1973

18,000,000

None

2-3/4% Series due 1977

5,000,000

None

3% Series due 1978

10,000,000

None

2-3/4% Series due 1979

12,000,000

None

3-1/4% Series due 1981

15,000,000

None

4-1/2% Series due 1987

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