Common use of IN TRUST NEVERTHELESS Clause in Contracts

IN TRUST NEVERTHELESS. upon the terms and trusts herein and in the Original Indenture set forth; this first Supplemental Indenture being made for the purpose, inter alia, of subjecting the real estate and premises and other property above described (other than property excluded above) to the lien and operation of the Indenture, so that the same shall be held specifically by the Trustee under and subject to the terms and conditions of the Indenture in identically the same manner and for the same trusts, uses and purposes, aa though the said real estate and premises and other property had been specifically described in the Original Indenture; PROVIDED, HOWEVER, and these presents are upon the condition that if the Company, its successors or assigns, shall pay or cause to be paid the principal of and interest on all said bonds, together with the premium, if any, payable on such of said bonds as may have been called for redemption prior to maturity, or shall provide, as permitted by the Indenture, for the payment thereof by depositiug with the Trustee the entire amount due or to become due thereon for principal, interest and premium, if any, and if the Company shall also pay or cause to be paid all other sums payable under the Indenture by it, then the Indenture and the estate and rights thereby granted shall cease, determine and be void, otherwise to be and remain in full force and effect. IT IS HEREBY FURTHER COVENANTED, DECLARED AND AGREED by and between the Company and the Trustee, for the benefit of those who shall hold said bonds and coupons or any of them, as follows:

Appears in 1 contract

Sources: First Supplemental Indenture (Central Louisiana Electric Co Inc)

IN TRUST NEVERTHELESS. upon the terms and trusts herein and in the Original Indenture set forth; this first Supplemental Indenture being made for the purpose, inter alia, of subjecting the real estate equal and premises ratable benefit and other property above described (other than property excluded above) to the lien and operation security of the Indenture, so that the same shall be held specifically by the Trustee under and subject Holders from time to the terms and conditions time of the Indenture in identically the same manner and for the same trusts, uses and purposes, aa though the said real estate and premises and all Outstanding Securities without any priority of any such Security over any other property had been specifically described in the Original Indenturesuch Security; PROVIDED, HOWEVER, that the right, title and these presents are upon interest of the condition that if Trustee in and to the CompanyMortgaged Property shall cease, its successors terminate and become void in accordance with, and subject to the conditions set forth in, Article IX or assignsArticle XIV hereof, shall pay or cause to be paid and if, thereafter, the principal of and interest on all said bonds, together with the premium, if any, payable on such of said bonds as may have been called for redemption prior to maturity, or shall provide, as permitted by the Indenture, for the payment thereof by depositiug with the Trustee the entire amount due or to become due thereon for principal, interest and premium, if any, and interest, if any, on the Securities shall have been paid to the Holders thereof, or shall have been paid to the Company pursuant to Section 6.03 hereof, then and in that case this Indenture shall terminate, and the Trustee shall execute and deliver to the Company such instruments as the Company shall also pay or cause require to be paid all other sums payable under the Indenture by itevidence such termination; otherwise this Indenture, then the Indenture and the estate and rights thereby granted hereby granted, shall cease, determine and be void, otherwise to be and remain in full force and effect. ; and IT IS HEREBY FURTHER COVENANTED, DECLARED COVENANTED AND AGREED by and between the Company and the Trustee that all the Securities are to be authenticated and delivered, and that the Mortgaged Property is to be held, subject to the further covenants, conditions and trusts hereinafter set forth, and the Company hereby covenants and agrees to and with the Trustee, for the equal and ratable benefit of those who shall hold said bonds and coupons or any all Holders of themthe Securities, as follows:

Appears in 1 contract

Sources: First Mortgage Indenture (Allegheny Energy, Inc)