Exhibit 4.01
LACLEDE GAS COMPANY
TO
UMB BANK & TRUST, N.A.
Trustee
Twenty-Seventh Supplemental Indenture
Dated as of April 15, 2004
First Mortgage Bonds
5½% Series due May 1, 2019
TABLE OF CONTENTS
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Page
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Parties
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1
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Recitals
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1
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Previous Indentures
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1
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Identity of the Company
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9
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Identity of Trustee
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9
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Outstanding Bonds
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9
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Form of Fully Registered Bond
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10
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Form of Trustee’s Certificate of
Authentication.
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13
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Compliance with legal requirements
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13
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Granting Clause
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13
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Exception Clause
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15
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Habendum Clause
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15
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Exceptions, Reservations, etc
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15
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Grant in trust
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15
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Covenant Clause
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16
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ARTICLE I
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DEFINITIONS
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Section 1.1
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Terms defined by reference
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16
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Section 1.2
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Trustee
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16
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Section 1.3
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Original Indenture
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16
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Section 1.4
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First Supplemental Indenture
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16
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Section 1.5
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Second Supplemental Indenture
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16
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Section 1.6
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Third Supplemental Indenture
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16
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Section 1.7
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Fourth Supplemental Indenture
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16
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Section 1.8
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Fifth Supplemental Indenture
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16
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Section 1.9
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Sixth Supplemental Indenture
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17
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Section 1.10
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Seventh Supplemental Indenture
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17
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Section 1.11
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Eighth Supplemental Indenture
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17
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Section 1.12
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Ninth Supplemental Indenture
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17
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Section 1.13
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Tenth Supplemental Indenture
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17
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Section 1.14
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Eleventh Supplemental Indenture
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17
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Section 1.15
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Twelfth Supplemental Indenture
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17
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Section 1.16
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Thirteenth Supplemental Indenture
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17
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Section 1.17
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Fourteenth Supplemental Indenture
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17
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Section 1.18
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Fifteenth Supplemental Indenture
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17
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Section 1.19
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Sixteenth Supplemental Indenture
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17
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Section 1.20
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Seventeenth Supplemental Indenture
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17
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Section 1.21
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Eighteenth Supplemental Indenture
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17
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Section 1.22
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Nineteenth Supplemental Indenture
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17
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i
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Page
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Section 1.23
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Twentieth Supplemental Indenture
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17
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Section 1.24
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Twenty-First Supplemental Indenture
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18
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Section 1.25
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Twenty-Second Supplemental Indenture
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18
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Section 1.26
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Twenty-Third Supplemental Indenture
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18
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Section 1.27
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Twenty-Fourth Supplemental Indenture
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18
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Section 1.28
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Twenty-Fifth Supplemental Indenture
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18
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Section 1.29
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Twenty-Sixth Supplemental Indenture
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18
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Section 1.30
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The Mortgage
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18
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Section 1.31
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Hereof, hereunder, etc.
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18
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Section 1.32
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2019 Series
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18
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ARTICLE II
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CREATION, DESCRIPTION, REGISTRATION,
TRANSFER AND EXCHANGE OF
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THE 2019 SERIES OF BONDS
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Section 2.1
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Creation and principal amount of the 2019
Series
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Section 2.2
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Date of Bonds
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19
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Section 2.3
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Denominations, etc.
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19
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Section 2.4
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Exchange of Bonds
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19
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Section 2.5
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Registration of Bonds
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19
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Section 2.6
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Temporary Bonds
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19
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Section 2.7
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Payment of Defaulted Interest
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19
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Section 2.8
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Transfers or Exchanges of Bonds called for
redemption
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20
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ARTICLE III
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REDEMPTION OF BONDS OF THE 2019
SERIES
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Section 3.1
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Circumstances in which redeemable
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20
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Section 3.2
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Additional circumstances in which
redeemable
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20
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Section 3.3
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Notice of intention to redeem
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21
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ARTICLE IV
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PARTICULAR COVENANTS OF THE
COMPANY
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Section 4.1
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Maintenance and Improvement Fund
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22
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Section 4.2
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Restrictions as to dividends
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22
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Section 4.3
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Earnings requirements for additional
Bonds
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23
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Section 4.4
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Postponement of interest
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24
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ARTICLE V
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MISCELLANEOUS
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Section 5.1
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Payments due on Sundays and holidays
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24
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Section 5.2
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Provisions required by Trust Indenture Act of
1939 to control
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25
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ii
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Section 5.3
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Acceptance of Trust
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25
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Section 5.4
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This Indenture Part of Original
Indenture
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25
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Section 5.5
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Execution in any number of
counterparts
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25
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Section 5.6
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Date of execution
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25
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iii
TWENTY-SEVENTH SUPPLEMENTAL
INDENTURE, dated as of the 15th day of April 2004 between LACLEDE
GAS COMPANY, a corporation duly organized and existing under the
laws of the State of Missouri, having its principal place of
business at 720 Olive Street, St. Louis, Missouri 63101,
hereinafter sometimes called the “Company,” party of
the first part, and UMB BANK & TRUST, N.A., a national banking
association organized under the laws of the United States, having
its principal place of business and corporate trust office at Two
South Broadway, St. Louis, Missouri 63102, hereinafter sometimes
called the “Trustee,” party of the second
part.
WHEREAS, there have heretofore been
duly executed and delivered the following four indentures between
the Company and Mississippi Valley Trust Company,
to-wit:
(a) An indenture of mortgage and
deed of trust, hereinafter sometimes called the “Original
Indenture,” dated as of February 1, 1945, which is recorded
in the office of the Recorder of Deeds of the City of St. Louis,
Missouri, in Book 6324 at Page 93 and in the office of the Recorder
of Deeds of St. Louis County, Missouri, in Book 2078 at Page 12 and
in the office of the Recorder of Deeds of Boone County, Missouri,
in Book 294 at Page 399 and in the office of the Recorder of Deeds
of Jefferson County, Missouri, in Book 434 at Page 480 and in the
office of the Recorder of Deeds of St. Francois County, Missouri,
in Book 551 at Page 593 and in the office of the Recorder of Deeds
of Ste. Genevieve County, Missouri, in Book 198 at Page 629 and in
the office of the Recorder of Deeds of Madison County, Missouri, in
Book 77 at Page 1 and in the office of the Recorder of Deeds of
Iron County, Missouri, in Book 224 at Page 451 and in the office of
the Recorder of Deeds of Butler County, Missouri, in Book 503 at
Page 606 and is filed in the office of the Secretary of State of
Missouri under filing number 26,557 and is filed in the office of
the Secretary of State of Missouri pursuant to R.S.Mo. 443.451
under filing number 2590088; and
(b) A supplemental indenture,
hereinafter sometimes called the “First Supplemental
Indenture,” dated as of December 1, 1946, which is recorded
in the office of the Recorder of Deeds of the City of St. Louis,
Missouri, in Book 6562 at Page 528, and in the office of the
Recorder of Deeds of St. Louis County, Missouri, in Book 2268 at
Page 273; and
(c) A supplemental indenture,
hereinafter sometimes called the “Second Supplemental
Indenture,” dated as of March 15, 1948, which is recorded in
the office of the Recorder of Deeds of the City of St. Louis,
Missouri, in Book 6687 at Page 467, and in the office of the
Recorder of Deeds of St. Louis County, Missouri, in Book 2327 at
Page 357; and
(d) A supplemental indenture,
hereinafter sometimes called the “Third Supplemental
Indenture,” dated as of April 1, 1951, which is recorded in
the office of the Recorder of Deeds of the City of St. Louis,
Missouri, in Book 7079 at Page 125 and in the office of the
Recorder of Deeds of St. Louis County, Missouri, in Book 2869 at
Page 275; and
WHEREAS, there have been heretofore
duly executed and delivered four indentures between the Company and
Mercantile Trust Company, to-wit:
(a) A supplemental indenture,
hereinafter sometimes called the “Fourth Supplemental
Indenture,” dated as of December 1, 1954, which is recorded
in the office of the Recorder of
1
Deeds of the City of St. Louis,
Missouri, in Book 7458 at Page 400 and in the office of the
Recorder of Deeds of St. Louis County, Missouri, in Book 3342 at
Page 34 and in the office of the Recorder of Deeds of Boone County,
Missouri, in Book 294 at Page 477 and in the office of the Recorder
of Deeds of Jefferson County, Missouri, in Book 434 at Page 574 and
in the office of the Recorder of Deeds of St. Francois County,
Missouri, in Book 552 at Page 1 and in the office of the Recorder
of Deeds of Ste. Genevieve County, Missouri, in Book 198 at Page
721 and in the office of the Recorder of Deeds of Madison County,
Missouri, in Book 77 at Page 183 and in the office of the Recorder
of Deeds of Iron County, Missouri, in Book 224 at Page 632 and in
the office of the Recorder of Deeds of Butler County, Missouri, in
Book 507 at Page 1 and is filed in the office of the Secretary of
State of Missouri under filing number 26,558; and
(b) A supplemental indenture,
hereinafter sometimes called the “Fifth Supplemental
Indenture,” dated as of May 1, 1957, which is recorded in the
office of the Recorder of Deeds of the City of St. Louis, Missouri,
in Book 7731 at Page 152 and in the office of the Recorder of Deeds
of St. Louis County, Missouri, in Book 3766 at Page 1 and in the
office of the Recorder of Deeds of Boone County, Missouri, in Book
294 at Page 494 and in the office of the Recorder of Deeds of
Jefferson County, Missouri, in Book 434 at Page 611 and in the
office of the Recorder of Deeds of St. Francois County, Missouri,
in Book 552 at Page 38 and in the office of the Recorder of Deeds
of Ste. Genevieve County, Missouri, in Book 199 at Page 1 and in
the office of the Recorder of Deeds of Madison County, Missouri, in
Book 77 at Page 220 and in the office of the Recorder of Deeds of
Iron County, Missouri, in Book 226 at Page 1 and in the office of
the Recorder of Deeds of Butler County, Missouri, in Book 507 at
Page 38 and is filed in the office of the Secretary of State of
Missouri under filing number 26,559; and
(c) A supplemental indenture,
hereinafter sometimes called the “Sixth Supplemental
Indenture,” dated as of July 1, 1960, which is recorded in
the office of the Recorder of Deeds of the City of St. Louis,
Missouri, in Book 8087 at Page 55 and in the office of the Recorder
of Deeds of St. Louis County, Missouri, in Book 4348 at Page 1 and
in the office of the Recorder of Deeds of Boone County, Missouri,
in Book 294 at Page 535 and in the office of the Recorder of Deeds
of Jefferson County, Missouri, in Book 434 at Page 651 and in the
office of the Recorder of Deeds of St. Francois County, Missouri,
in Book 552 at Page 78 and in the office of the Recorder of Deeds
of Ste. Genevieve County, Missouri, in Book 199 at Page 22 and in
the office of the Recorder of Deeds of Madison County, Missouri, in
Book 77 at Page 260 and in the office of the Recorder of Deeds of
Iron County, Missouri, in Book 226 at Page 42 and in the office of
the Recorder of Deeds of Butler County, Missouri, in Book 507 at
Page 62 and is filed in the office of the Secretary of State of
Missouri under filing number 26,560; and
(d) A supplemental indenture,
hereinafter sometimes called the “Seventh Supplemental
Indenture,” dated as of June 1, 1964, which is recorded in
the office of the Recorder of Deeds of the City of St. Louis,
Missouri, in Book 8506 at Page 215 and in the office of the
Recorder of Deeds of St. Louis County, Missouri, in Book 5410 at
Page 399 and in the office of the Recorder of Deeds of Boone
County, Missouri, in Book 342 at Page 2 and in the office of the
Recorder of Deeds of Jefferson County, Missouri, in Book 434 at
Page 697 and in the office of the Recorder of Deeds of St. Francois
County, Missouri, in Book 552 at Page 124 and in the office of the
Recorder of Deeds of Ste. Genevieve County, Missouri, in Book 199
at Page 46 and in the office of the Recorder of Deeds of Madison
County, Missouri, in Book 77 at Page 306 and in the office of
the
2
Recorder of Deeds of Iron County,
Missouri, in Book 226 at Page 89 and in the office of the Recorder
of Deeds of Butler County, Missouri, in Book 507 at Page 90 and is
filed in the office of the Secretary of State of Missouri under
filing number 26,561; and
WHEREAS, there have been heretofore
duly executed and delivered eight indentures between the Company
and Mercantile Trust Company National Association,
to-wit:
(a) A supplemental indenture,
hereinafter sometimes called the “Eighth Supplemental
Indenture,” dated as of April 15, 1966, which is recorded in
the office of the Recorder of Deeds of the City of St. Louis,
Missouri, in Book 8678 at Page 1 and in the office of the Recorder
of Deeds of St. Louis County, Missouri, in Book 5949 at Page 450
and in the office of the Recorder of Deeds of Boone County,
Missouri, in Book 361 at Page 148 and in the office of the Recorder
of Deeds of Jefferson County, Missouri, in Book 434 at Page 746 and
in the office of the Recorder of Deeds of St. Francois County,
Missouri, in Book 552 at Page 172 and in the office of the Recorder
of Deeds of Ste. Genevieve County, Missouri, in Book 199 at Page 71
and in the office of the Recorder of Deeds of Madison County,
Missouri, in Book 77 at Page 354 and in the office of the Recorder
of Deeds of Iron County, Missouri, in Book 226 at Page 138 and in
the office of the Recorder of Deeds of Butler County, Missouri, in
Book 507 at Page 118 and is filed in the office of the Secretary of
State of Missouri under filing number 28,645; and
(b) A supplemental indenture,
hereinafter sometimes called the “Ninth Supplemental
Indenture,” dated as of May 1, 1968, which is recorded in the
office of the Recorder of Deeds of the City of St. Louis, Missouri,
in Book 8834 at Page 213 and in the office of the Recorder of Deeds
of St. Louis County, Missouri, in Book 6323 at Page 1904 and in the
office of the Recorder of Deeds of Boone County, Missouri, in Book
389 at Page 888 and in the office of the Recorder of Deeds of St.
Charles County, Missouri, in Book 498 at Page 408 and in the office
of the Recorder of Deeds of Jefferson County, Missouri, in Book 434
at Page 790 and in the office of the Recorder of Deeds of St.
Francois County, Missouri, in Book 552 at Page 216 and in the
office of the Recorder of Deeds of Ste. Genevieve County, Missouri,
in Book 199 at Page 94 and in the office of the Recorder of Deeds
of Madison County, Missouri, in Book 77 at Page 398 and in the
office of the Recorder of Deeds of Iron County, Missouri, in Book
226 at Page 183 and in the office of the Recorder of Deeds of
Butler County, Missouri, in Book 507 at Page 145 and is filed in
the office of the Secretary of State of Missouri under filing
number 87,403; and
(c) A supplemental indenture,
hereinafter sometimes called the “Tenth Supplemental
Indenture,” dated as of May 15, 1970, which is recorded in
the office of the Recorder of Deeds of the City of St. Louis,
Missouri, in Book 8988 at Page 52 and in the office of the Recorder
of Deeds of St. Louis County, Missouri, in Book 6456 at Page 132
and in the office of the Recorder of Deeds of Boone County,
Missouri, in Book 396 at Page 560 and in the office of the Recorder
of Deeds of St. Charles County, Missouri, in Book 554 at Page 79
and in the office of the Recorder of Deeds of Jefferson County,
Missouri, in Book 434 at Page 829 and in the office of the Recorder
of Deeds of St. Francois County, Missouri, in Book 552 at Page 255
and in the office of the Recorder of Deeds of Ste. Genevieve
County, Missouri, in Book 199 at Page 114 and in the office of the
Recorder of Deeds of Madison County, Missouri, in Book 77 at Page
436 and in the office of the Recorder of Deeds of Iron County,
Missouri, in Book 226 at Page 223 and in the office
3
of the Recorder of Deeds of Butler
County, Missouri, in Book 507 at Page 168 and is filed in the
office of the Secretary of State of Missouri under filing number
154,857; and
(d) A supplemental indenture,
hereinafter sometimes called the “Eleventh Supplemental
Indenture,” dated as of March 15, 1972, which is recorded in
the office of the Recorder of Deeds of the City of St. Louis,
Missouri, in Book 9133 at Page 4 and in the office of the Recorder
of Deeds of St. Louis County, Missouri, in Book 6577 at Page 1993
and in the office of the Recorder of Deeds of Boone County,
Missouri, in Book 401 at Page 706 and in the office of the Recorder
of Deeds of St. Charles County, Missouri, in Book 620 at Page 157
and in the office of the Recorder of Deeds of Jefferson County,
Missouri, in Book 435 at Page 23 and in the office of the Recorder
of Deeds of Ste. Genevieve County, Missouri, in Book 199 at Page
210 and in the office of the Recorder of Deeds of St. Francois
County, Missouri, in Book 552 at Page 640 and in the office of the
Recorder of Deeds of Iron County, Missouri, in Book 226 at Page 282
and in the office of the Recorder of Deeds of Madison County,
Missouri, in Book 78 at Page 1 and in the office of the Recorder of
Deeds of Butler County, Missouri, in Book 507 at Page 265 and is
filed in the office of the Secretary of State of Missouri under
filing number 234,221; and
(e) A supplemental indenture,
hereinafter sometimes called the “Twelfth Supplemental
Indenture,” dated as of March 15, 1974, which is recorded in
the office of the Recorder of Deeds of the City of St. Louis,
Missouri, in Book 40M at Page 1 and in the office of the Recorder
of Deeds of St. Louis County, Missouri, in Book 6721 at Page 91 and
in the office of the Recorder of Deeds of Boone County, Missouri,
in Book 407 at Page 888 and in the office of the Recorder of Deeds
of St. Charles County, Missouri, in Book 677 at Page 1445 and in
the office of the Recorder of Deeds of Jefferson County, Missouri,
in Book 465 at Page 976 and in the office of the Recorder of Deeds
of Ste. Genevieve County, Missouri, in Book 210 at Page 255 and in
the office of the Recorder of Deeds of St. Francois County,
Missouri, in Book 598 at Page 683 and in the office of the Recorder
of Deeds of Iron County, Missouri, in Book 237 at Page 1 and in the
office of the Recorder of Deeds of Madison County, Missouri, in
Book 84 at Page 117 and in the office of the Recorder of Deeds of
Butler County, Missouri, in Book 535 at Page 540 and in the office
of the Recorder of Deeds of Beckham County, Oklahoma, in Book 127
at Page 149 and in the office of the County Clerk of Wheeler
County, Texas, in Trust Vol. 58 at Page 731 and is filed in the
office of the Secretary of State of Missouri under filing number
333,360; and
(f) A supplemental indenture,
hereinafter sometimes called the “Thirteenth Supplemental
Indenture,” dated as of June 1, 1975, which is recorded in
the office of the Recorder of Deeds of the City of St. Louis,
Missouri, in Book 70M at Page 2061 and in the office of the
Recorder of Deeds of St. Louis County, Missouri, in Book 6796 at
Page 1447 and in the office of the Recorder of Deeds of Boone
County, Missouri, in Book 411 at Page 9 and in the office of the
Recorder of Deeds of St. Charles County, Missouri, in Book 704 at
Page 1739 and in the office of the Recorder of Deeds of Jefferson
County, Missouri, in Book 481 at Page 292 and in the office of the
Recorder of Deeds of Ste. Genevieve County, Missouri, in Book 124
at Page 225 and in the office of the Recorder of Deeds of St.
Francois County, Missouri, in Book 624 at Page 359 and in the
office of the Recorder of Deeds of Iron County, Missouri, in Book
242 at Page 234 and in the office of the Recorder of Deeds of
Madison County, Missouri, in Book 86 at Pages 483-532 and in the
office of the Recorder of Deeds of Butler County, Missouri, in Book
547 at Page 300 and in the office of the Recorder of Deeds of
Beckham County, Oklahoma, in Book 130 at Page 416 and in
the
4
office of the County Clerk of
Wheeler County, Texas, in Trust Vol. 59 at Page 649 and in the
office of the Clerk of Court for Sabine Parish, Louisiana, under
Registry No. 227328 in Mtg. Book 108 at Page 478 and in the office
of the Clerk of Court for DeSoto Parish, Louisiana, under Registry
No. 378628 in Mtg. Book 115 at Page 803 and in the office of the
Clerk of Court for St. Mary Parish, Louisiana, under Registry No.
124894 in Mtg. Book 343 at Page 293 and in the office of the Clerk
of Court for Red River Parish, Louisiana, under Registry No. 128419
in Mtg. Book 75 at Page 546 and is filed in the office of the
Secretary of State of Missouri under filing number 397,857;
and
(g) A supplemental indenture,
hereinafter sometimes called the “Fourteenth Supplemental
Indenture,” dated as of October 26, 1976, which is recorded
in the office of the Recorder of Deeds of the City of St. Louis,
Missouri, in Book 108M at Page 131 and in the office of the
Recorder of Deeds of St. Louis County, Missouri, in Book 6907 at
Page 1970 and in the office of the Recorder of Deeds of Boone
County, Missouri, in Book 416 at Page 192 and in the office of the
Recorder of Deeds of St. Charles County, Missouri, in Book 745 at
Page 40 and in the office of the Recorder of Deeds of Jefferson
County, Missouri, in Book 507 at Page 669 and in the office of the
Recorder of Deeds of Ste. Genevieve County, Missouri, in Book 241
at Page 279 and in the office of the Recorder of Deeds of St.
Francois County, Missouri, in Book 654 at Page 132 and in the
office of the Recorder of Deeds of Iron County, Missouri, in Book
248 at Page 795 and in the office of the Recorder of Deeds of
Madison County, Missouri, in Book 89 at Pages 694-700 and in the
office of the Recorder of Deeds of Butler County, Missouri, in Book
565 at Page 57 and in the office of the Recorder of Deeds of
Beckham County, Oklahoma, in Book 315 at Page 146 and in the office
of the County Clerk of Wheeler County, Texas, in the Deed Records
Vol. 260 at Page 991 and in the office of the Clerk of Court for
Sabine Parish, Louisiana, under Registry No. 233001 in Mtg. Book
114 at Page 208 and in the office of the Clerk of Court for DeSoto
Parish, Louisiana, under Registry No. 389929 in Mtg. Book 122 at
Page 15 and in the office of the Clerk of Court for St. Mary
Parish, Louisiana, under Registry No. 129850 in Mtg. Book 360 at
Page 593 and in the office of the Clerk of Court for Red River
Parish, Louisiana, under Registry No. 131795 in Mtg. Book 79 at
Page 21 and is filed in the office of the Secretary of State of
Missouri under filing number 479,397 and is filed in the office of
the Secretary of State of Missouri pursuant to R.S.Mo. 443.451
under filing number 2590089; and
(h) A supplemental indenture,
hereinafter sometimes called the “Fifteenth Supplemental
Indenture,” dated as of July 15, 1979, which is recorded in
the office of the Recorder of Deeds of the City of St. Louis,
Missouri, in Book 202M at Page 1288 and in the office of the
Recorder of Deeds of St. Louis County, Missouri, in Book 7181 at
Page 23 and in the office of the Recorder of Deeds of Boone County,
Missouri, in Book 430 at Page 273 and in the office of the Recorder
of Deeds of St. Charles County, Missouri, in Book 846 at Page 880
and in the office of the Recorder of Deeds of Jefferson County,
Missouri, in Book 580 at Page 278 and in the office of the Recorder
of Deeds of Ste. Genevieve County, Missouri, in Book 285 at Page 93
and in the office of the Recorder of Deeds of St. Francois County,
Missouri, in Book 722 at Page 57 and in the office of the Recorder
of Deeds of Iron County, Missouri, in Book 262 at Pages 709-770 and
in the office of the Recorder of Deeds of Madison County, Missouri,
in Book 98 at Pages 720-781 and in the office of the Recorder of
Deeds of Butler County, Missouri, in Book 597 at Page 661 and in
the office of the County Clerk of Beckham County, Oklahoma, in
Misc. Record Book 385 at Page 230 and in the office of the County
Clerk of Roger Mills County, Oklahoma, in Book 273 at Pages 54-116
and in the office of the County Clerk of Blaine County, Oklahoma,
in Book 325 Misc. Page 1 and in the
5
office of the County Clerk of
Wheeler County, Texas, in Deed of Trust Records, Vol. 64 at Page
707 and in the office of the County Clerk of Lipscomb County,
Texas, in the Deed of Trust Records, Vol. 196 at Page 607 and in
the office of the County Clerk of Roberts County, Texas, in the
Deed of Trust Records, Vol. 30 at Page 45 and in the office of the
County Clerk of Hemphill County, Texas, in the Deed of Trust
Records, Vol. 59 at Page 428 and in the office of the Clerk of the
Court for St. Mary Parish, Louisiana, under Registry No. 141319 in
Mtg. Book 402 at Page 2 and in the office of the Clerk of the Court
for the DeSoto Parish, Louisiana, under Registry No. 417237 in Mtg.
Book 136 at Page 524 and in the office of the Clerk of the Court
for Sabine Parish, Louisiana, under Registry No. 246026 in Mtg.
Book 128 at Page 86 and in the office of the Clerk of the Court for
Red River Parish, Louisiana, under Registry No. 141470 in Mtg. Book
87 at Page 619 and in the office of the Clerk of the Court for
Terrebonne Parish, Louisiana, under Registry No. 602396 and is
filed in the office of the Secretary of State of Missouri under
Document Number 667303; and
WHEREAS, there have been heretofore
duly executed and delivered two indentures between the Company and
Mercantile Bank National Association, to-wit:
(a) A supplemental indenture,
hereinafter sometimes called the “Sixteenth Supplemental
Indenture,” dated as of May 1, 1986, which is recorded in the
office of the Recorder of Deeds of the City of St. Louis, Missouri,
in Book M-529 at Page 655 and in the office of the Recorder of
Deeds of St. Louis County, Missouri, in Book 7902 at Page 1138 and
in the office of the Recorder of Deeds of Boone County, Missouri,
in Book 573 at Page 2 and in the office of the Recorder of Deeds of
St. Charles County, Missouri, in Book 1080 at Page 1577 and in the
office of the Recorder of Deeds of Jefferson County, Missouri, in
Book 197 at Page 1 and in the office of the Recorder of Deeds of
Ste. Genevieve County, Missouri, in Book 407 at Page 137 and in the
office of the Recorder of Deeds of St. Francois County, Missouri,
in Book 894 at Page 138 and in the office of the Recorder of Deeds
of Iron County, Missouri, in Book 293 at Page 797 and in the office
of the Recorder of Deeds of Madison County, Missouri, in Book 116
at Page 589 and in the office of the Recorder of Deeds of Butler
County, Missouri, in Book 669 at Page 228 and in the office of the
County Clerk of Roger Mills County, Oklahoma, in Book 807 at Page
120 and in the office of the County Clerk of Wheeler County, Texas,
in Deed of Trust Records, Vol. 91 at Page 191, and in Deed Records,
Vol. 348 at Page 69 and in the office of the Secretary of State of
Texas under Document Number 131214 and is filed in the office of
the Secretary of State of Missouri under Document Number 1322775;
and
(b) A supplemental indenture,
hereinafter sometimes called the “Seventeenth Supplemental
Indenture,” dated as of May 15, 1988, which is recorded in
the office of the Recorder of Deeds of the City of St. Louis,
Missouri, in Book M-669 at Page 258 and in the office of the
Recorder of Deeds of St. Louis County, Missouri, in Book 8315 at
Page 902 and in the office of the Recorder of Deeds of Boone
County, Missouri, in Book 676 at Page 449 and in the office of the
Recorder of Deeds of St. Charles County, Missouri, in Book 1212 at
Page 1948 and in the office of the Recorder of Deeds of Jefferson
County, Missouri, in Book 396 at Page 1987 and in the office of the
Recorder of Deeds of Ste. Genevieve County, Missouri, in Book 459
at Page 289 and in the office of the Recorder of Deeds of St.
Francois County, Missouri, in Book 962 at Page 8 and in the office
of the Recorder of Deeds of Iron County, Missouri, in Book 303 at
Page 527 and in the office of the Recorder of Deeds of Madison
County, Missouri, in Book 123 at Page 243 and in the
office
6
of the Recorder of Deeds of Butler
County, Missouri, in Book 691 at Page 620 and in the office of the
County Clerk of Roger Mills County, Oklahoma, in Book 973 at Page 1
and in the office of the County Clerk of Wheeler County, Texas, in
Deed of Trust Records, Vol. 91 at Page 234, and in Deed Records,
Vol. 369 at Page 386 and in the office of the Secretary of State of
Texas under Document Number 86131214 and is filed in the office of
the Secretary of State of Missouri under Document Number 1596374
and is filed in the office of the Secretary of State of Missouri
pursuant to R.S.Mo. 443.451 under filing number 2590090;
and
WHEREAS, there have been heretofore
duly executed and delivered five indentures between the Company and
Mercantile Bank of St. Louis National Association,
to-wit:
(a) A supplemental indenture,
hereinafter sometimes called the “Eighteenth Supplemental
Indenture,” dated as of November 15, 1989, which is recorded
in the office of the Recorder of Deeds of the City of St. Louis,
Missouri, in Book 762M at Page 1126 and in the office of the
Recorder of Deeds of St. Louis County, Missouri, in Book 8646 at
Page 2196 and in the office of the Recorder of Deeds of Boone
County, Missouri, in Book 748 at Page 17 and in the office of the
Recorder of Deeds of St. Charles County, Missouri, in Book 1294 at
Page 631 and in the office of the Recorder of Deeds of Jefferson
County, Missouri, in Book 442 at Page 14 and in the office of the
Recorder of Deeds of Ste. Genevieve County, Missouri, in Book 498
at Page 13 and in the office of the Recorder of Deeds of St.
Francois County, Missouri, in Book 1012 at Page 36 and in the
office of the Recorder of Deeds of Iron County, Missouri, in Book
311 at Page 503 and in the office of the Recorder of Deeds of
Madison County, Missouri, in Book 127 at Page 682 and in the office
of the Recorder of Deeds of Butler County, Missouri, in Book 709 at
Page 78 and in the office of the County Clerk of Roger Mills
County, Oklahoma, in Book 1094 at Page 263 and in the office of the
County Clerk of Wheeler County, Texas, in Deed of Trust Records,
Vol. 93 at Page 630 and in the office of the Secretary of State of
Texas under Document Number 252980 and is filed in the office of
the Secretary of State of Missouri under Document Number 1798065
and is filed in the office of the Secretary of State of Missouri
pursuant to R.S.Mo. 443.451 under filing number 2590091;
and
(b) A supplemental indenture,
hereinafter sometimes called the “Nineteenth Supplemental
Indenture,” dated as of May 15, 1991, which is recorded in
the office of the Recorder of Deeds of the City of St. Louis,
Missouri, in Book 848 at Page 716 and in the office of the Recorder
of Deeds of St. Louis County, Missouri, in Book 8983 at Page 1095
and in the office of the Recorder of Deeds of Boone County,
Missouri, in Book 821 at Page 79 and in the office of the Recorder
of Deeds of St. Charles County, Missouri, in Book 1370 at Page 1846
and in the office of the Recorder of Deeds of Jefferson County,
Missouri, in Book 483 at Page 1909 and in the office of the
Recorder of Deeds of Ste. Genevieve County, Missouri, in Book 541
at Page 82 and in the office of the Recorder of Deeds of St.
Francois County, Missouri, in Book 1060 at Page 253 and in the
office of the Recorder of Deeds of Iron County, Missouri, in Book
319 at Page 355 and in the office of the Recorder of Deeds of
Madison County, Missouri, in Book 132 at Page 44 and in the office
of the Recorder of Deeds of Butler County, Missouri, in Book 725 at
Page 442 and in the office of the County Clerk of Roger Mills
County, Oklahoma, in Book 1213 at Page 105, UCC Filing No. 135, and
in the office of the County Clerk of Oklahoma County, Oklahoma, UCC
Filing No. 023021, and in the office of the County Clerk of Wheeler
County, Texas, in Deed of Trust Records, Vol. 96 at Page 96 and in
Deed Records, Book 399 at Page 254, and in the office of
the
7
Secretary of State of Texas under
Document Number 088153 and is filed in the office of the Secretary
of State of Missouri under Document Number 1999268 and is filed in
the office of the Secretary of State of Missouri pursuant to
R.S.Mo. 443.451 under filing number 2590092; and
(c) A supplemental indenture,
hereinafter sometimes called the “Twentieth Supplemental
Indenture,” dated as of November 1, 1992, which is recorded
in the office of the Recorder of Deeds of the City of St. Louis,
Missouri, in Book M945 at Page 1068 and in the office of the
Recorder of Deeds of St. Louis County, Missouri, in Book 9494 at
Page 423 and in the office of the Recorder of Deeds of Boone
County, Missouri, in Book 937 at Page 144 and in the office of the
Recorder of Deeds of St. Charles County, Missouri, in Book 1491 at
Page 1289 and in the office of the Recorder of Deeds of Jefferson
County, Missouri, in Book 543 at Page 2135 and in the office of the
Recorder of Deeds of Ste. Genevieve County, Missouri, in Book 594
at Page 10 and in the office of the Recorder of Deeds of St.
Francois County, Missouri, in Book 1121 at Page 458 and in the
office of the Recorder of Deeds of Iron County, Missouri, in Book
326 at Page 888 and in the office of the Recorder of Deeds of
Madison County, Missouri, in Book 137 at Page 166 and in the office
of the Recorder of Deeds of Butler County, Missouri, in Book 747 at
Page 72 and in the office of the Recorder of Deeds of Franklin
County, Missouri, in Book 712 at Page 889 and in the office of the
County Clerk of Roger Mills County, Oklahoma, in Book 1303 at Page
39, UCC Filing No. 296, and in the office of the County Clerk of
Oklahoma County, Oklahoma, UCC Filing No. 056514, and in the office
of the County Clerk of Wheeler County, Texas, in Deed of Trust
Records, Book 98 at Page 88 and in Deed Records, Book 409 at Page
589, and in the office of the Secretary of State of Texas under
Document Number 212435 and is filed in the office of the Secretary
of State of Missouri under Document Number 2188520 and is filed in
the office of the Secretary of State of Missouri pursuant to
R.S.Mo. 443.451 under filing number 2590093; and
(d) A supplemental indenture,
hereinafter sometimes called the “Twenty-First Supplemental
Indenture,” dated as of May 1, 1993, which is recorded in the
office of the Recorder of Deeds of the City of St. Louis, Missouri,
in Book M982 at Page 0356 and in the office of the Recorder of
Deeds of St. Louis County, Missouri, in Book 9701 at Page 797 and
in the office of the Recorder of Deeds of Boone County, Missouri,
in Book 979 at Page 722 and in the office of the Recorder of Deeds
of St. Charles County, Missouri, in Book 1542 at Page 1449 and in
the office of the Recorder of Deeds of Jefferson County, Missouri,
in Book 567 at Page 2217 and in the office of the Recorder of Deeds
of Ste. Genevieve County, Missouri, in Book 610 at Page 136 and in
the office of the Recorder of Deeds of St. Francois County,
Missouri, in Book 1142 at Page 84 and in the office of the Recorder
of Deeds of Iron County, Missouri, in Book 328 at Page 508 and in
the office of the Recorder of Deeds of Madison County, Missouri, in
Book 139 at Page 361 and in the office of the Recorder of Deeds of
Butler County, Missouri, in Book 753 at Page 328 and in the office
of the Recorder of Deeds of Franklin County, Missouri, in Book 743
at Page 638 and in the office of the County Clerk of Roger Mills
County, Oklahoma, in Book 1337 at Page 10, UCC Filing No. 109, and
in the office of the County Clerk of Oklahoma County, Oklahoma, UCC
Filing No. 023874 and in the office of the County Clerk of Wheeler
County, Texas, in Deed of Trust Records, Book 98 at Page 804 and in
Deed Records, Book 413 at Page 387, and in the office of the
Secretary of State of Texas under Document No. 086970 and is filed
in the office of the Secretary of State of Missouri under Document
No. 2259648 and is filed in the office of the Secretary of State of
Missouri pursuant to R.S.Mo. 443.451 under filing number 2590094;
and
8
(e) A supplemental indenture,
hereinafter sometimes called the “Twenty-Second Supplemental
Indenture,” dated as of November 15, 1995, which is filed in
the office of the Secretary of State of Missouri pursuant to
R.S.Mo. 443.451 under filing number 2604323; and
WHEREAS, there have been heretofore
duly executed and delivered three indentures between the Company
and State Street Bank and Trust Company of Missouri, N.A.,
to-wit:
(a) A supplemental indenture,
hereinafter sometimes called the “Twenty-Third Supplemental
Indenture,” dated as of October 15, 1997, which is filed in
the office of the Secretary of State of Missouri pursuant to
R.S.Mo. 443.451 under filing number 2841222; and
(b) A supplemental indenture,
hereinafter sometimes called the “Twenty-Fourth Supplemental
Indenture,” dated as of June 1, 1999, which is filed in the
office of the Secretary of State of Missouri pursuant to R.S.Mo.
443.451 under filing number 3039096; and
(c) A supplemental indenture,
hereinafter sometimes called the “Twenty-Fifth Supplemental
Indenture,” dated as of September 15, 2000, which is filed in
the office of the Secretary of the State of Missouri pursuant to
R.S.Mo. 443.451 under filing number 4088953; and
WHEREAS, there has been heretofore
duly executed and delivered a supplemental indenture between the
Company and UMB Bank & Trust, N.A., to-wit:
(a) A supplemental indenture,
hereinafter sometimes called the “Twenty-Sixth Supplemental
Indenture,” dated as of June 15, 2001, which is filed in the
office of the Secretary of State of the State of Missouri pursuant
to R.S.Mo. 443.451 under filing number 4178825; and
WHEREAS, the Company is the same
corporation as is designated in the Original and First and Second
Supplemental Indentures as The Laclede Gas Light Company, which was
the Company’s corporate name, but before the date of the
Third Supplemental Indenture its corporate na
