Forty-second Supplemental IndentureIndenture Agreement |
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Search Indenture Agreement by:
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.
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:
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Designation |
Dated as of |
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First Supplemental Indenture |
July 1, 1939 |
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Second Supplemental Indenture |
November 15, 1943 |
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Third Supplemental Indenture |
February 1, 1947 |
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Fourth Supplemental Indenture |
May 1, 1948 |
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Fifth Supplemental Indenture |
November 1, 1949 |
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Sixth Supplemental Indenture |
October 1, 1951 |
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Seventh Supplemental Indenture |
January 1, 1957 |
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Eighth Supplemental Indenture |
July 15, 1957 |
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Ninth Supplemental Indenture |
November 15, 1957 |
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Tenth Supplemental Indenture |
April 1, 1958 |
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Eleventh Supplemental Indenture |
October 15, 1958 |
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Twelfth Supplemental Indenture |
May 15, 1959 |
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Thirteenth Supplemental Indenture |
November 15, 1960 |
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Fourteenth Supplemental Indenture |
November 1, 1961 |
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Fifteenth Supplemental Indenture |
September 15, 1964 |
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Sixteenth Supplemental Indenture |
April 1, 1966 |
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Seventeenth Supplemental Indenture |
October 1, 1966 |
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Eighteenth Supplemental Indenture |
September 1, 1972 |
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Nineteenth Supplemental Indenture |
January 15, 1974 |
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Twentieth Supplemental Indenture |
August 1, 1974 |
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Twenty-first Supplemental Indenture |
October 15, 1974 |
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Twenty-second Supplemental Indenture |
November 15, 1976 |
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Twenty-third Supplemental Indenture |
August 15, 1978 |
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Twenty-fourth Supplemental Indenture |
September 1, 1979 |
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Twenty-fifth Supplemental Indenture |
November 1, 1981 |
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Twenty-sixth Supplemental Indenture |
May 1, 1982 |
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Twenty-seventh Supplemental Indenture |
May 1, 1986 |
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Twenty-ninth Supplemental Indenture |
January 1, 1990 |
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Thirtieth Supplemental Indenture |
January 1, 1991 |
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Thirty-first Supplemental Indenture |
August 15, 1991 |
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Thirty-second Supplemental Indenture |
March 15, 1992 |
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Thirty-third Supplemental Indenture |
April 1, 1993 |
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Thirty-fourth Supplemental Indenture |
December 1, 1993 |
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Thirty-fifth Supplemental Indenture |
November 1, 2000 |
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Thirty-sixth Supplemental Indenture |
October 1, 2001 |
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Thirty-seventh Supplemental Indenture |
April 1, 2003 |
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Thirty-eighth Supplemental Indenture |
May 15, 2003 |
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Thirty-ninth Supplemental Indenture |
October 1, 2003 |
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Fortieth Supplemental Indenture |
May 1, 2005 |
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Forty-first Supplemental Indenture |
October 1, 2006 |
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:
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Series |
Principal Amount Issued |
Principal Amount Outstanding |
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3-3/4% Series due 1967 |
$18,000,000 |
None |
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3-1/8% Series due 1973 |
18,000,000 |
None |
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2-3/4% Series due 1977 |
5,000,000 |
None |
|
3% Series due 1978 |
10,000,000 |
None |
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2-3/4% Series due 1979 |
12,000,000 |
None |
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3-1/4% Series due 1981 |
15,000,000 |
None |
|
4-1/2% Series due 1987 |






