Exhibit 99.2
PUBLIC SERVICE COMPANY
OF NEW HAMPSHIRE
AND
WACHOVIA BANK, NATIONAL
ASSOCIATION
Successor to FIRST UNION NATIONAL
BANK
Formerly Known as FIRST FIDELITY BANK,
NATIONAL ASSOCIATION,
NEW JERSEY
Successor to BANK OF NEW ENGLAND,
NATIONAL ASSOCIATION
(Formerly Known as NEW ENGLAND MERCHANTS
NATIONAL BANK)
and to
NEW BANK OF NEW ENGLAND, NATIONAL
ASSOCIATION, TRUSTEE
FOURTEENTH SUPPLEMENTAL INDENTURE
Dated as of October 1, 2005
TO ISSUE SERIES M
FIRST MORTGAGE BONDS
$50,000,000 First Mortgage Bonds (Series
M due October 5, 2035)
THIS FOURTEENTH SUPPLEMENTAL INDENTURE
dated as of October 1, 2005, between PUBLIC SERVICE COMPANY OF NEW
HAMPSHIRE (hereinafter with its successors and assigns generally
called the “Company”), a corporation duly organized and
existing under the laws of the State of New Hampshire, having its
principal place of business at 780 North Commercial Street in
Manchester, New Hampshire 03101, and WACHOVIA BANK, NATIONAL
ASSOCIATION, successor by merger to First Union National Bank,
formerly known as First Fidelity Bank, National Association, New
Jersey, successor in trust to Bank of New England, National
Association (formerly known as New England Merchants National Bank)
and to New Bank of New England, National Association, said Wachovia
Bank, National Association (hereinafter with its successors in
trust generally called the Trustee), being a national banking
association duly organized and existing under the laws of the
United States of America, having a corporate trust office at 21
South Street, Third Floor, Morristown, New Jersey 07960, and duly
authorized to execute the trusts hereof.
WHEREAS, the Company heretofore duly
executed and delivered to Bank of New England, National Association
(formerly known as New England Merchants National Bank), as
predecessor trustee, its General and Refunding Mortgage Indenture
(hereinafter, as amended by the Tenth Supplemental Indenture dated
as of May 1, 1991, generally referred to as the “Original
Indenture” and sometimes referred to, with each and every
prior indenture supplemental thereto and each and every other
instrument, including this Fourteenth Supplemental Indenture, which
the Company, pursuant to the provisions thereof, may execute with
the Trustee and which is therein stated to be supplemental to the
Original Indenture, as the “Indenture”), dated as of
August 15, 1978, but actually executed on September 20, 1978, and
recorded, among other places, in Hillsborough County, New
Hampshire, Registry of Deeds, Book 2640, Page 334, in York County,
Maine, Registry of Deeds, Book 2417, Page 01, in Concord, Vermont,
Land Records, Book 44, Page 129A, and in the Office of the
Secretary of the State of Connecticut in Volume 56, Page G of
Railroad Mortgages (together with certificates with respect thereto
recorded in the Town Clerk’s offices of Waterford and Berlin,
Connecticut), to which this instrument is supplemental, and in
modification and confirmation thereof has executed and delivered to
(i) Bank of New England, National Association (formerly known as
New England Merchants National Bank) as predecessor trustee nine
duly recorded indentures supplemental thereto, and (ii) to First
Fidelity Bank, National Association, New Jersey, a Tenth
Supplemental Indenture dated as of May 1, 1991 (hereinafter
generally referred to as the Tenth Supplemental Indenture); and
(iii) to First Union National Bank, an Eleventh Supplemental
Indenture dated as of April 1, 1998, (iv) to First Union National
Bank, a Twelfth Supplemental Indenture dated as of December 1, 2001
and (v) to Wachovia Bank, National Association, a Thirteenth
Supplemental Indenture dated as of July 1, 2004 thereto duly
recorded, whereby substantially all the properties of the Company
used by it in its business, whether then owned or thereafter
acquired, with certain reservations, exceptions and exclusions
fully set forth in the Original Indenture were given, granted,
bargained, sold, transferred, assigned, pledged, mortgaged and
conveyed to the Trustee, its successors and assigns, in trust upon
the terms and conditions set forth therein to secure its General
and Refunding Mortgage Bonds, and, subsequently as described
herein, its First Mortgage Bonds, issued and to be issued
thereunder, and for other purposes more particularly specified
therein; and
WHEREAS, on January 6, 1991, Bank of New
England, National Association was declared insolvent, and New Bank
of New England, National Association, pursuant to a purchase and
assumption agreement dated as of January 6, 1991 between it and the
Federal Deposit Insurance Corporation as receiver of Bank of New
England, National Association, acquired and succeeded to all of the
right, title, interest, authority and appointment of Bank of New
England, National Association, as Trustee under the Indenture,
which succession and appointment were ratified and confirmed by the
Board of Directors of the Company on February 21, 1991, all as more
particularly recited in the Agreement as to Resignation of Trustee
and Appointment of Successor Trustee (the “Resignation and
Appointment Agreement”), by and among the Company, New Bank
of New England, National Association, and First Fidelity Bank,
National Association, New Jersey, recorded with the Tenth
Supplemental Indenture; and
WHEREAS, pursuant to the Resignation and
Appointment Agreement, New Bank of New England, National
Association resigned as successor trustee and First Fidelity Bank,
National Association, New Jersey succeeded to the trusts created by
the Indenture; and
WHEREAS, First Fidelity Bank, National
Association, New Jersey was succeeded by First Union National Bank;
and
WHEREAS, pursuant to The Third Amended
Joint Plan of Reorganization (the “Plan”), dated
December 28, 1989 (Case No. 88-00043), as confirmed by order of the
United States Bankruptcy Court for the District of New Hampshire
dated April 20, 1990, all bonds outstanding under the First
Mortgage Indenture dated as of January 1, 1943, as from time to
time amended and supplemented, between the Company and Old Colony
Trust Company, as trustee (to which each of The First National Bank
of Boston and Maryland National Bank has been successor trustee)
have been paid in full and said First Mortgage Indenture has been
released and is of no further force or effect, all bonds
outstanding under the Third Mortgage Indenture dated as of February
15, 1986, as from time to time amended and supplemented, between
the Company and First Fidelity Bank, National Association, New
Jersey, as trustee, have been paid in full and said Third Mortgage
Indenture has been released and is of no further force or effect,
and all bonds issued prior to the date of execution of the Tenth
Supplemental Indenture and outstanding under the Indenture have
been paid in full; and
WHEREAS, the actions contemplated by the
Resignation and Appointment Agreement and the Tenth Supplemental
Indenture have been authorized and directed by Order of the United
States Bankruptcy Court for the District of New Hampshire dated
January 18, 1991 in Case No. 88-00043, which Order authorized
certain transactions and procedures necessary to consummate the
Plan and approved certain modifications of the Plan related
thereto; and
WHEREAS, all applicable requirements of
the Plan and said Order have been complied with; and
WHEREAS, pursuant to the Tenth
Supplemental Indenture the Company effected the amendments to the
Indenture specified in the Tenth Supplemental Indenture, including
amendments to reflect the release and discharge of the
Company’s First Mortgage Indenture dated as of January 1,
1943, as supplemented and amended, and to reflect that, as a
result, the
Indenture is now a First Mortgage
Indenture, the bonds issued and to be issued under the Indenture
will be First Mortgage Bonds of the Company, and the Original
Indenture as it may heretofore and hereafter be supplemented and
amended shall henceforth be known and referred to as the
Company’s First Mortgage Indenture dated as of August 15,
1978; and
WHEREAS, the Company by appropriate and
sufficient corporate action in conformity with the terms of the
Indenture duly caused to be issued seven new series of bonds under
the Indenture designated First Mortgage Bonds, Series A through G,
said Series A through Series G Bonds being in an aggregate
principal amount of $858,985,000 and consisting of fully registered
bonds containing the terms and provisions duly fixed and determined
by the Board of Directors of the Company and expressed in Schedule
B to the Tenth Supplemental Indenture; and
WHEREAS, on May 15, 1996, $172,500,000
aggregate principal amount of the Company’s 8 7/8% First
Mortgage Bonds, Series A, matured and were paid and canceled;
and
WHEREAS, as of April 1, 1998 the Company
by appropriate and sufficient corporate action in conformity with
the terms of the Indenture duly caused to be issued a new series of
bonds under the Indenture designated as First Mortgage Bonds,
Series H, said Series H Bonds being in an aggregate principal
amount of $75,000,000 and containing the terms and provisions duly
fixed and determined by the Board of Directors of the Company and
expressed in Schedule A to the Eleventh Supplemental Indenture;
and
WHEREAS, on May 15, 1998, $170,000,000
aggregate principal amount of the Company’s 9.17% First
Mortgage Bonds, Series, B, matured and were paid and canceled;
and
WHEREAS, on April 22, 1999, the Revolving
Credit Agreement dated as of April 23, 1998 (the “Credit
Agreement”) terminated, the Credit Borrowings thereunder were
indefeasibly paid in full in accordance with the terms thereof and
the obligations of the several Lenders to make advances to the
Company under the Credit Agreement were terminated; the bonds of
Series H were deemed paid and all obligations of the Company to pay
the principal of, premium, if any, and interest on the bonds of
Series H was satisfied and discharged; and the $75,000,000
aggregate principal amount of the Company’s First Mortgage
Bonds, Series H, were canceled; and
WHEREAS, as of March 30, 2001 the Company
sold its interest in the Millstone III Nuclear Generating Station,
located in Waterford, Connecticut, and with the sale of said
property, no longer owns any property located in Connecticut which
is subject to the lien of the Indenture, and is no longer subject
to the jurisdiction of the Connecticut Department of Public Utility
Control; and
WHEREAS, pursuant to the Series A, B and
C Loan and Trust Agreements dated October 1, 2001 (herein called
the “Series A, B and C PCRB Agreements”), by and among
the Business Finance Authority of the State of New Hampshire
(herein called “the Authority”), the Company and the
State Street Bank and Trust Company, as trustee (herein called the
“Series A, B and C PCRB Trustee”), the Authority issued
$89,250,000 in principal amount of its Pollution Control Revenue
Bonds (Public Service Company of New Hampshire Project – 2001
Tax Exempt
Series A) (herein called the
“Series A PCR Bonds”) and loaned the proceeds from the
sale of the Series A PCR Bonds to the Company. Proceeds of
the loan were used to refund (i) the Authority’s $66,000,000
aggregate principal amount 7.65% Pollution Control Revenue Bonds
(Public Service Company of New Hampshire Project – 1991
Tax-Exempt Series A) (the “1991 Series A Bonds”), and
(ii) a portion of the Authority’s $112,500,000 aggregate
principal amount 7.65% Pollution Control Revenue Bonds (Public
Service Company of New Hampshire Project – 1991 Tax-Exempt
Series C) (the “1991 Series C Bonds”). The proceeds of
the 1991 Series A and C Bonds were used to finance and refinance a
portion of the Company’s share of expenditures, including
financing costs, relating to the construction of certain pollution
control, sewage and/or solid waste disposal facilities required for
the operation of the Seabrook nuclear-fueled, steam electric
generating plant, Unit 1, located in Seabrook, New Hampshire, in
which the Company owned an undivided 35.6% interest. The
Authority also issued $89,250,000 in principal amount of its
Pollution Control Revenue Bonds (Public Service Company of New
Hampshire Project – 2001 Tax Exempt Series B) (herein called
the “Series B PCR Bonds”) and loaned the proceeds from
the sale of the Series B PCR Bonds to the Company. Proceeds
of the loan were used to refund a portion of the 1991 Series C
Bonds. The proceeds of the 1991 Series C Bonds were used to
finance and refinance a portion of the Company’s share of
expenditures, including financing costs, relating to the
construction of certain pollution control, sewage and/or solid
waste disposal facilities required for the operation of the
Seabrook nuclear-fueled, steam electric generating plant, located
in Seabrook, New Hampshire, in which the Company owned an undivided
35.6% interest. The Authority also issued $108,985,000 in
principal amount of its Pollution Control Revenue Bonds (Public
Service Company of New Hampshire Project – 2001 Tax Exempt
Series C) (herein called the “Series C PCR Bonds”) and
loaned the proceeds from the sale of the Series C PCR Bonds to the
Company. Proceeds of the loan were used to refund a portion
of the 1991 Series C Bonds. The proceeds of the 1991 Series C
Bonds were used to finance and refinance a portion of the
Company’s share of expenditures, including financing costs,
relating to the construction of certain pollution control, sewage
and/or solid waste disposal facilities required for the operation
of the Seabrook nuclear-fueled, steam electric generating plant,
located in Seabrook, New Hampshire, in which the Company owned an
undivided 35.6% interest. Proceeds of the loan were used to
refund the Authority’s $108,985,000 aggregate principal
amount 7.50% Pollution Control Revenue Bonds (Public Service
Company of New Hampshire Project – 1991 Tax Exempt Series B)
(herein called the “1991 Series B Bonds”). The
proceeds of the 1991 Series C Bonds were used to finance and
refinance a portion of the Company’s share of expenditures,
including financing costs, relating to the construction of certain
pollution control, sewage and/or solid waste disposal facilities
required for the operation of the Seabrook nuclear-fueled, steam
electric generating plant, located in Seabrook, New Hampshire, in
which the Company owned an undivided 35.6% interest.
WHEREAS, the Series A, B and C PCR Bonds
were special obligations of the Authority, payable solely out of
the revenues and other receipts, funds and moneys derived by the
Authority under the Series A, B and C PCRB Agreements and from any
amounts otherwise available under the Series A, B and C PCRB
Agreements for the payment of the Series A, B and C PCR Bonds, and
such revenues and other receipts, funds moneys and amounts are,
pursuant to the Series A, B and C PCRB Agreements, assigned and
pledged by the Authority to the Series A, B and C PCRB Trustee as
security for the Series A, B and C PCR Bonds and include loan
payments required to
be made by the Company to the Series A, B
and C PCRB Trustee for the account of the Authority pursuant to the
Series A, B and C PCRB Agreements in amounts equal to the amounts
payable with respect to the Series A, B and C PCR Bonds;
and
WHEREAS, in consideration of the loan
being provided by the Authority under, and pursuant to the
provisions of, the Series A, B and C PCRB Agreements, the Company
issued: (a) $89,250,000 principal amount of its First Mortgage
Bonds, Series I (hereinafter generally referred to as the
“Series I Bonds” or the “bonds of Series
I”) to evidence and secure the Company’s obligation
under the Series A PCRB Agreement to make loan payments as
aforesaid and to provide security for the Series A PCR Bonds; (b)
$89,250,000 principal amount of its First Mortgage Bonds, Series J
(hereinafter generally referred to as the “Series J
Bonds” or the “bonds of Series J”) to evidence
and secure the Company’s obligation under the Series B PCRB
Agreement to make loan payments as aforesaid and to provide
security for the Series B PCR Bonds; and (c) $108,985,000 principal
amount of its First Mortgage Bonds, Series K (hereinafter generally
referred to as the “Series K Bonds” or the “bonds
of Series K”) to evidence and secure the Company’s
obligation under the Series C PCRB Agreement to make loan payments
as aforesaid and to provide security for the Series C PCR Bonds;
and
WHEREAS, the execution and delivery of
the Twelfth Supplemental Indenture and the issue of not exceeding
Eighty Nine Million Two Hundred Fifty Thousand Dollars
($89,250,000) in aggregate principal amount of bonds of Series I,
Eighty Nine Million Two Hundred Fifty Thousand Dollars
($89,250,000) in aggregate principal amount of bonds of Series J
and One Hundred Eight Million Nine Hundred Eighty Five Thousand
Dollars in aggregate principal amount of bonds of Series K, and
other necessary actions were duly authorized by the Executive
Committee of the Board of Directors of the Company; and
WHEREAS, as a result of a merger, First
Union National Bank changed its name to Wachovia Bank, National
Association and remains as Trustee under the Indenture;
and
WHEREAS, the execution and delivery of
the Thirteenth Supplemental Indenture and the issue of not
exceeding Fifty Million Dollars ($50,000,000) in aggregate
principal amount of bonds of Series L and other necessary actions
were duly authorized by the Board of Directors of the Company;
and
WHEREAS, the execution and delivery of
this Fourteenth Supplemental Indenture and the issue of not
exceeding Fifty Million Dollars ($50,000,000) in aggregate
principal amount of bonds of Series M, and other necessary actions
have been duly authorized by the Board of Directors of the Company;
and
WHEREAS, the Company proposes to execute
and deliver this Fourteenth Supplemental Indenture to provide for
the issue of the bonds of Series M and confirm the lien of the
Indenture on the property referred to below, all as permitted by
Section 15.1 of the Original Indenture; and
WHEREAS, the Company has purchased,
constructed or otherwise acquired certain additional property not
heretofore specifically described in the Indenture but which is and
is
intended to be subject to the lien
thereof, and proposes specifically to subject such additional
property to the lien of the Indenture at this time; and
WHEREAS, all acts and things necessary to
make the initial issue of the Series M Bonds, when executed by the
Company and authenticated by the Trustee and delivered as in the
Original Indenture provided, the legal, valid and binding
obligations of the Company according to their terms and to make
this Fourteenth Supplemental Indenture a legal, valid and binding
instrument for the security of the bonds, in accordance with its
and their terms, have been done and performed, and the execution
and delivery of this Fourteenth Supplemental Indenture has in all
respects been duly authorized;
NOW, THEREFORE, in consideration of the
premises, and of the acceptance of said Series M First Mortgage
Bonds by the holder thereof, and of the sum of $1.00 duly paid by
the Trustee to the Company, and of other good and valuable
considerations, the receipt whereof is hereby acknowledged, and in
confirmation of and supplementing the Original Indenture as
previously supplemented by said thirteen preceding supplemental
indentures, and in performance of and compliance with the
provisions thereof, said Public Service Company of New Hampshire,
by these presents, does give, grant, bargain, sell, transfer,
assign, pledge, mortgage and convey unto Wachovia Bank, National
Association, as Trustee, as provided in the Original Indenture, as
previously supplemented and amended and as supplemented by this
Fourteenth Supplemental Indenture, and its successor or successors
in the trust thereby and hereby created, and its and their assigns,
(a) all and singular the property, and rights and interests in
property, described in the Original Indenture and the thirteen
preceding supplemental indentures (said supplemental indentures, in
each case, as applicable, as amended by the Tenth Supplemental
Indenture, hereinafter referred to as the Preceding Supplemental
Indentures), and thereby conveyed, pledged, assigned, transferred
and mortgaged, or intended so to be (said descriptions in said
Original Indenture and the Preceding Supplemental Indentures being
hereby made a part hereof to the same extent as if set forth herein
at length), whether then or now owned or thereafter or hereafter
acquired, except such of said properties or interests therein as
may have been released or sold or disposed of in whole or in part
as permitted by the provisions of the Original Indenture, and (b)
also, but without in any way limiting the generality of the
foregoing, all the right, title and interest of the Company, now
owned or hereafter acquired, in and to the rights, titles,
interests and properties described or referred to in Schedule B
hereto attached and hereby made a part hereof as fully as if set
forth herein at length, in all cases not specifically reserved,
excepted and excluded; the foregoing property, and rights and
interests in property, being located in the following listed
municipalities in New Hampshire and unincorporated areas in Coos
County, New Hampshire, as well as in various municipalities in the
States of Maine, Vermont and elsewhere:
BELKNAP COUNTY — Alton, Barnstead,
Belmont, Center Harbor, Gilford, Gilmanton, Laconia, Meredith, New
Hampton, Sanbornton, Tilton;
CARROLL COUNTY — Albany,
Brookfield, Chatham, Conway, Eaton, Effingham, Freedom, Madison,
Moultonboro, Ossipee, Sandwich, Tamworth, Tuftonboro, Wakefield,
Wolfeboro;
CHESHIRE COUNTY — Alstead,
Chesterfield, Dublin, Fitzwilliam, Gilsum, Harrisville, Hinsdale,
Jaffrey, Keene, Marlborough, Marlow, Nelson, Richmond, Rindge,
Roxbury, Stoddard, Sullivan, Surry, Swanzey, Troy, Westmoreland,
Winchester;
COOS COUNTY — Bean’s Grant,
Berlin, Cambridge, Carroll, Chandler’s Purchase, Clarksville,
Colebrook, Columbia, Crawford’s Purchase, Dalton, Dummer,
Errol, Gorham, Green’s Grant, Jefferson, Lancaster,
Martin’s Location, Milan, Millsfield, Northumberland,
Pinkham’s Grant, Pittsburg, Randolph, Shelburne, Stark,
Stewartstown, Stratford, Success, Thompson & Meserve’s
Purchase, Wentworth’s Location, Whitefield;
GRAFTON COUNTY — Alexandria,
Ashland, Bath, Bethlehem, Bridgewater, Bristol, Campton, Easton,
Enfield, Franconia, Grafton, Haverhill, Hebron, Holderness,
Landaff, Lincoln, Lisbon, Littleton, Lyman, Lyme, Orange, Orford,
Piermont, Plymouth, Rumney, Sugar Hill, Thornton,
Woodstock;
HILLSBOROUGH COUNTY — Amherst,
Antrim, Bedford, Bennington, Brookline, Deering, Francestown,
Goffstown, Greenfield, Greenville, Hancock, Hillsborough, Hollis,
Hudson, Litchfield, Lyndeborough, Manchester, Mason, Merrimack,
Milford, Mont Vernon, Nashua, New Boston, New Ipswich, Pelham,
Peterborough, Sharon, Temple, Weare, Wilton, Windsor;
MERRIMACK COUNTY — Allenstown,
Andover, Boscawen, Bow, Bradford, Canterbury, Chichester, Concord,
Danbury, Dunbarton, Epsom, Franklin, Henniker, Hill, Hooksett,
Hopkinton, Loudon, Newbury, New London, Northfield, Pembroke,
Pittsfield, Salisbury, Sutton, Warner, Webster, Wilmot;
ROCKINGHAM COUNTY — Auburn,
Atkinson, Brentwood, Candia, Chester, Danville, Deerfield, Derry,
East Kingston, Epping, Exeter, Fremont, Greenland, Hampstead,
Hampton, Hampton Falls, Kensington, Kingston, Londonderry, New
Castle, Newfields, Newington, Newmarket, Newton, North Hampton,
Northwood, Nottingham, Portsmouth, Raymond, Rye, Sandown, Seabrook,
South Hampton, Stratham, Windham;
STRAFFORD COUNTY — Barrington,
Dover, Durham, Farmington, Lee, Madbury, Middleton, Milton, New
Durham, Rochester, Rollinsford, Somersworth, Strafford;
SULLIVAN COUNTY — Charlestown,
Claremont, Cornish, Croydon, Goshen, Grantham, Lempster, Newport,
Plainfield, Springfield, Sunapee, Unity, Washington;
SUBJECT, HOWEVER, as to all of the
foregoing, to the specific rights, privileges, liens, encumbrances,
restrictions, conditions, limitations, covenants, interests,
reservations, exceptions and otherwise as provided in the Original
Indenture and the Preceding Supplemental Indentures, and in the
descriptions in the schedules thereto and hereto and in the deeds
or grants in said schedules referred to;
BUT SPECIFICALLY RESERVING, EXCEPTING AND
EXCLUDING (as the same are reserved, excepted and excluded from the
lien of the Original Indenture and the Preceding Supplemental
Indentures) from this instrument and the grant, conveyance,
mortgage, transfer and
assignment herein contained, all right,
title and interest of the Company, now owned or hereafter acquired,
in and to the properties and rights specified in subclauses (a) to
(m), both inclusive, of the paragraph beginning “BUT
SPECIFICALLY RESERVING, EXCEPTING AND EXCLUDING...” which
paragraph is part of the granting clauses of the Original
Indenture;
TO HAVE AND TO HOLD all said plant,
premises, property, franchises and rights hereby conveyed,
assigned, pledged or mortgaged, or intended so to be, unto the
Trustee, its successor or successors in trust, and to its and their
assigns forever;
BUT IN TRUST, NEVERTHELESS, with power of
sale, for the equal pro rata benefit, security and protection of
the owners of the bonds without any preference, priority or
distinction whatever of any one bond over any other bond by reason
of priority in the issue, sale or negotiation thereof, or
otherwise;
PROVIDED, HOWEVER, and these presents are
upon the condition, that if the Company shall pay or cause to be
paid or make appropriate provision for the payment unto the holders
of the bonds of the principal, premium, if any, and interest to
become due thereon at the times and in the manner stipulated
therein, and shall keep, perform and observe all and singular the
covenants, agreements and provisions in the Indenture expressed to
be kept, performed and observed by or on the part of the Company,
then the Indenture and the estate and rights thereby and hereby
granted shall, pursuant and subject to the provisions of Article 16
of the Original Indenture, cease, determine and be void, but
otherwise shall be and remain in full force and effect.
AND IT IS HEREBY COVENANTED, DECLARED AND
AGREED, upon the trusts and for the purposes aforesaid, as set
forth in the following covenants, agreements, conditions and
provisions, viz.:
ARTICLE 1
SERIES M BONDS
SECTION 1.01.
Designation; Amount
. The bonds of Series M shall be
designated “First Mortgage Bonds, Series M” and shall
not exceed Fifty Million Dollars ($50,000,000) in aggregate
principal amount at any one time outstanding. The Trustee
shall authenticate and deliver up to $50,000,000 aggregate
principal amount of Series M Bonds at any time upon application by
the Company and compliance with the applicable provisions of the
Original Indenture.
SECTION 1.02.
Form of Series M Bonds; Global
Security; Depository for Global Securities. The Series M Bonds shall be issued only in
fully registered form without coupons in denominations of One
Thousand Dollars ($1,000.00) and multiples thereof.
The Series M Bonds shall be initially
represented by one or more global securities (the “Global
Securities”). &nb