EXHIBIT 4.09
This Supplemental Indenture is, among
other things,
A MORTGAGE OF
CHATTELS
Southern California Gas
Company
TO
American Trust
Company
TRUSTEE
SUPPLEMENTAL
INDENTURE
DATED AS OF DECEMBER 1,
1956
TABLE OF
CONTENTS
Page
PARTIES...
1
RECITALS...
1
ARTICLE I.
AMENDMENTS TO
INDENTURE.
SECTION 1.01.
Amendments of certain
portions of the definition of "net
bondable value of
property additions" ...
3
SECTION
1.02.
(a) Amendment of clause
(iv) of paragraph (5) of subdivi-
sion (b) Section 4.04
...
4
(b) Amendment of clause
(iii) of paragraph (8) of subdivi-
sion (b) Section 4.04
...
4
ARTICLE II.
MISCELLANEOUS.
SECTION
2.01. Ratification of
Original Indenture, and indentures supple-
mental thereto, as
amended ...
5
SECTION 2.02.Recitals
are by the Corporation and not by the Trustee...
5
SECTION 2.03.References
in Original Indenture or supplemental indentures
to articles, sections,
subdivisions, or provisions of Original
Indenture which are
amended by this Supplemental Indenture
are, unless context
otherwise requires, references thereto as so
amended
...
6
SECTION 2.04.Date of
this Supplemental Indenture is for convenient identifi-
cation thereof.
..
6
SECTION 2.05.Required
provisions of Section 3.10 to 3.17 of Trust Indenture
Act of 1939 control over
conflicting provisions of Original
Indenture as amended and
now in effect ...
6
SECTION 2.06.Conditions
of Trustee's execution of this Supplemental Indenture
6
SECTION 2.07.Execution
of this Supplemental Indenture in counterparts
...
6
TESTIMONIUM
…
7
SIGNATURES AND SEALS
…
7
ACKNOWLEDGMENTS
...
8
i
This Supplemental Indenture is, among
other things,
A MORTGAGE OF
CHATTELS.
THIS SUPPLEMENTAL INDENTURE, dated as of
the 1st day of December, 1956, made and entered into by and between
SOUTHERN CALIFORNIA GAS COMPANY, a corporation duly organized and
existing under the laws of the State of California, and having its
principal place of business in the City of Los Angeles, State of
California (hereinafter sometimes called the "Corporation"), party
of the first part, and AMERICAN TRUST COMPANY, a
corporation duly organized and existing under and by virtue of the laws of
California, and having its principal place of business in the City
and County of San Francisco, in said State (hereinafter sometimes
called the "Trustee"), party of the second part,
WITNESSETH:
WHEREAS,
the Corporation has
heretofore executed and delivered to the Trustee a certain
Indenture (hereinafter sometimes called the "Original Indenture")
dated October 1, 1940, to secure bonds of the Corporation
designated generally as its "First Mortgage Bonds" to be issued
from time to time in one or more series, and the Corporation has
heretofore executed and delivered to the Trustee indentures dated,
respectively, as of July 1, 1947, May 1, 1948, June 1, 1950, April
1, 1952, August 1, 1955, and June 1, 1956, supplemental to the
Original Indenture; the Original Indenture and said Supplemental
Indentures dated, respectively, as of July 1, 1947, May 1, 1948,
June 1, 1950, April 1, 1952, and August 1, 1955 (said Supplemental
Indenture dated as of August 1, 1955, being hereinafter sometimes
referred to as the "Amendment of 1955"), being recorded in the
office of the County Recorder of each of the Counties listed below,
in the Official Records thereof, as stated in said Supplemental
Indenture dated as of June 1, 1956, which last mentioned
Supple-
1
mental Indenture is recorded in the
offices of the County Recorders of the Counties in the State of
California as follows:
County
Reference
Los Angeles
Book
51271,page
346,Official
Records
Kern
Book
2612,page
119,Official
Records
Tulare
Vol.
1925,page
360,Official
Records
Kings
Vol.
650,page
104,Official
Records
Ventura
Book
1408,page
435,Official
Records
Fresno
Book
3774,page
127,Official
Records
Orange
Book
3523,page
402,Official
Records
Riverside
Book
1917,page
186,Official
Records
San Bernardino
Book
3947,page
63,Official
Records
Imperial
Book
944,page
376,Official
Records
Santa Barbara
Book
1380,page
587,Official
Records
WHEREAS,
bonds of the
Corporation of six series designated, respectively, as its "First
Mortgage Bonds, 3 1/4% Series due 1970", "First Mortgage
Bonds,
2 7/8% Series due
1977", "First Mortgage Bonds, 3 1/4% Series due 1978", "First
Mortgage Bonds,
2 7/8% Series
due 1980", "First Mortgage Bonds, Series A, due 1982" and "First
Mortgage Bonds, Series B, due 1981" have heretofore been issued as
a part of the First Mortgage Bonds referred to in the Original
Indenture and are now outstanding, each such series of bonds,
unless and until the taking of further appropriate action by the
Board of Directors of the Corporation, being without limitation as
to aggregate authorized principal amount; and
WHEREAS,
the Corporation desires
to supplement and amend the Original Indenture, as heretofore
amended, supplemented and now in effect, as hereinafter set forth;
and
WHEREAS,
the execution and
delivery of this Supplemental Indenture has been duly authorized by
resolution of the Board of Directors of the Corporation, has been
duly consented to in writing pursuant to Section 16.05 of the
Original Indenture by the holders of not less than two-thirds in
principal amount of all the bonds now outstanding under the
Original Indenture as heretofore supplemented and has been duly
authorized and approved by the Public Utilities Commission of the
State of California; and
2
WHEREAS , the Corporation has requested the Trustee to join in
the execution and delivery of this Supplemental Indenture;
and
WHEREAS, all other acts and things
necessary to make this Supplemental Indenture (hereinafter, and in
the portions of the Original Indenture which are hereby amended,
being for convenience sometimes referred to as the "Amendment of
1956") a valid, binding and legal instrument, and a valid, binding
and legal amendment of the Original Indenture, having been duly
performed and done :
Now, THEREFORE, in consideration of the premises it
is hereby agreed and provided:
ARTICLE I.
AMENDMENTS TO
INDENTURE.
The Original Indenture, as heretofore
amended, supplemented and now in effect, is hereby further amended
and supplemented as follows (page and section references being to
the printed forms of the Original Indenture, or the Amendment of
1955, as the case may be, as originally executed) :
SECTION
1.01. In the definition
of "net bondable value of property additions" in Section 1.02 of
the Original Indenture:
(a) Amend that portion of said definition
which precedes paragraph (1) thereof (page 92 of Original
Indenture) to read as follows:
"The term net bondable value of property
additions'
shall mean, at any partic
