This instrument was prepared by:
EXHIBIT 4(I)
Florida Power & Light Company
000 Xxxxxxxx Xxxxxxxxx
Xxxx Xxxxx, Xxxxxxx 00000
FLORIDA POWER & LIGHT COMPANY
TO
BANKERS TRUST COMPANY
AS TRUSTEE UNDER FLORIDA POWER & LIGHT
COMPANY'S MORTGAGE AND DEED OF TRUST,
DATED AS OF JANUARY 1, 1944.
SUPPLEMENTAL INDENTURE
-------------------
RELATING TO A PRINCIPAL AMOUNT
NOT TO EXCEED $
-------------------
OF FIRST MORTGAGE BONDS, DESIGNATED
SECURED MEDIUM-TERM NOTES, SERIES .
------
*[RELATING TO $ PRINCIPAL AMOUNT
----------------
OF FIRST MORTGAGE BONDS, % SERIES
----
DUE , .]
---------- ----
DATED AS OF ,
------------------- ----
* These three lines will be inserted, in lieu of the four
lines immediately preceding them, in any supplemental
indenture relating to the issuance of First Mortgage
Bonds other than those designated Secured Medium-Term
Notes.
FLORIDA POWER & LIGHT COMPANY
Reconciliation and Tie of Provisions of Trust Indenture Act
of 1939 to provisions of Mortgage and Deed of Trust to Bankers
Trust Company and The Florida National Bank of Jacksonville (now
resigned), as Trustees, dated as of January 1, 1944, as amended.
Sections of Mortgage and
Sections of Act Supplemental Indentures
-------------- -----------------------
310(a) (1) (2) (3) . . Mortgage, 35(a), 88 and 103
310(a) (4) . . . . . . Not Applicable
310(b) . . . . . . . . Mortgage, 99; First Supplemental,
14; Seventh Supplemental, 6
310(c) . . . . . . . . Not Applicable
311(a) . . . . . . . . Mortgage, 98
311(b) . . . . . . . . Mortgage, 98
311(c) . . . . . . . . Not Applicable
312(a) . . . . . . . . Mortgage, 43(a) and 43(b)
312(b) . . . . . . . . Mortgage, 43(c)
312(c) . . . . . . . . Mortgage, 43(d)
313(a) . . . . . . . . Mortgage, 100(a)
313(b) . . . . . . . . Mortgage, 100(b); First
Supplemental, 15
313(c) . . . . . . . . Mortgage, 100(c)
313(d) . . . . . . . . Mortgage, 100(d)
314(a) . . . . . . . . Mortgage, 44
314(b) . . . . . . . . Mortgage, 42
314(c) . . . . . . . . Mortgage, 121, 3, 61 and 7
314(d) . . . . . . . . Mortgage, 59(3), 60, 3 and 28(4)
314(e) . . . . . . . . Mortgage, 121, 3 and 61
314(f) . . . . . . . . Omitted
315(a) . . . . . . . . Mortgage, 89 and 88; First
Supplemental, 13
315(b) . . . . . . . . Mortgage, 66 and 3; First
Supplemental, 11
315(c) . . . . . . . . Mortgage, 88
315(d) . . . . . . . . Mortgage, 89; First
Supplemental, 13
315(e) . . . . . . . . Mortgage, 122
316(a) (1) . . . . . . Mortgage, 71; First
Supplemental, 12
316(a) (2) . . . . . . Omitted
316(b) . . . . . . . . Mortgage, 80
317(a) . . . . . . . . Mortgage, 78
317(b) . . . . . . . . Mortgage, 35(c) and 95; First
Supplemental, 7
318(a) . . . . . . . . Mortgage, 124
SUPPLEMENTAL INDENTURE
-------------------
INDENTURE, dated as of the day of
---------
, , made and entered into
------------------ -----
by and between FLORIDA POWER & LIGHT COMPANY, a corporation of
the State of Florida, whose post office address is 000 Xxxxxxxx
Xxxxxxxxx, Xxxx Xxxxx, Xxxxxxx 00000 (hereinafter sometimes
called FPL), and BANKERS TRUST COMPANY, a corporation of the
State of New York, whose post office address is Four Xxxxxx
Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (hereinafter called the
Trustee), as the supplemental indenture
-------------------
(hereinafter called the Supplemental
-------------------
Indenture) to the Mortgage and Deed of Trust, dated as of
January 1, 1944 (hereinafter called the Mortgage), made and
entered into by FPL, the Trustee and the Florida National Bank of
Jacksonville, as Co-Trustee (now resigned), the Trustee now
acting as the sole trustee under the Mortgage, which Mortgage was
executed and delivered by FPL to secure the payment of bonds
issued or to be issued under and in accordance with the
provisions thereof, reference to which Mortgage is hereby made,
this Supplemental Indenture being
-------------------
supplemental thereto;
WHEREAS, Section 8 of the Mortgage provides that the form of
each series of bonds (other than the first series) issued
thereunder shall be established by Resolution of the Board of
Directors of FPL and that the form of such series, as established
by said Board of Directors, shall specify the descriptive title
of the bonds and various other terms thereof, and may also
contain such provisions not inconsistent with the provisions of
the Mortgage as the Board of Directors may, in its discretion,
cause to be inserted therein expressing or referring to the terms
and conditions upon which such bonds are to be issued and/or
secured under the Mortgage; and
WHEREAS, Section 120 of the Mortgage provides, among other
things, that any power, privilege or right expressly or impliedly
reserved to or in any way conferred upon FPL by any provision of
the Mortgage, whether such power, privilege or right is in any
way restricted or is unrestricted, may be in whole or in part
waived or surrendered or subjected to any restriction if at the
time unrestricted or to additional restriction if already
restricted, and FPL may enter into any further covenants,
limitations or restrictions for the benefit of any one or more
series of bonds issued thereunder, or FPL may cure any ambiguity
contained therein, or in any supplemental indenture, or may
establish the terms and provisions of any series of bonds other
than said first series, by an instrument in writing executed and
acknowledged by FPL in such manner as would be necessary to
entitle a conveyance of real estate to record in all of the
states in which any property at the time subject to the Lien of
the Mortgage shall be situated; and
WHEREAS, FPL now desires to create the series of bonds
described in Article I hereof and to add to its covenants and
agreements contained in the Mortgage certain other covenants and
agreements to be observed by it and to alter and amend in certain
respects the covenants and provisions contained in the Mortgage;
and
WHEREAS, the execution and delivery by FPL of this
Supplemental Indenture, and the terms
--------------------
of the bonds, hereinafter referred to in Article I, have been
duly authorized by the Board of Directors of FPL by appropriate
resolutions of said Board of Directors;
NOW, THEREFORE, THIS INDENTURE WITNESSETH: That FPL, in
consideration of the premises and of One Dollar to it duly paid
by the Trustee at or before the ensealing and delivery of these
presents, the receipt whereof is hereby acknowledged, and in
further evidence of assurance of the estate, title and rights of
the Trustee and in order further to secure the payment of both
the principal of and interest and premium, if any, on the bonds
from time to time issued under the Mortgage, according to their
tenor and effect, and the performance of all the provisions of
the Mortgage (including any instruments supplemental thereto and
any modification made as in the Mortgage provided) and of said
bonds, hereby grants, bargains, sells, releases, conveys,
assigns, transfers, mortgages, pledges, sets over and confirms
(subject, however, to Excepted Encumbrances as defined in
Section 6 of the Mortgage) unto Bankers Trust Company, as Trustee
under the Mortgage, and to its successor or successors in said
trust, and to said Trustee and its successors and assigns
forever, all property, real, personal and mixed, acquired by FPL
after the date of the execution and delivery of the Mortgage
(except any herein or in the Mortgage, as heretofore
supplemented, expressly excepted), now owned (except any
properties heretofore released pursuant to any provisions of the
Mortgage and in the process of being sold or disposed of by FPL)
or, subject to the provisions of Section 87 of the Mortgage,
hereafter acquired by FPL and wheresoever situated, including
(without in anywise limiting or impairing by the enumeration of
the same the scope and intent of the foregoing) all lands, power
sites, flowage rights, water rights, water locations, water
appropriations, ditches, flumes, reservoirs, reservoir sites,
canals, raceways, dams, dam sites, aqueducts, and all rights or
means for appropriating, conveying, storing and supplying water;
all rights of way and roads; all plants for the generation of
electricity by steam, water and/or other power; all power houses,
gas plants, street lighting systems, standards and other
equipment incidental thereto, telephone, radio and television
systems, air-conditioning systems and equipment incidental
thereto, water works, water systems, steam heat and hot water
plants, substations, lines, service and supply systems, bridges,
culverts, tracks, ice or refrigeration plants and equipment,
offices, buildings and other structures and the equipment
thereof; all machinery, engines, boilers, dynamos, electric, gas
and other machines, regulators, meters, transformers, generators,
motors, electrical, gas and mechanical appliances, conduits,
cables, water, steam heat, gas or other pipes, gas mains and
pipes, service pipes, fittings, valves and connections, pole and
transmission lines, wires, cables, tools, implements, apparatus,
furniture, chattels, and choses in action; all municipal and
other franchises, consents or permits; all lines for the
transmission and distribution of electric current, gas, steam
heat or water for any purpose including towers, poles, wires,
cables, pipes, conduits, ducts and all apparatus for use in
connection therewith; all real estate, lands, easements,
servitudes, licenses, permits, franchises, privileges, rights of
way and other rights in or relating to real estate or the
occupancy of the same and (except as herein or in the Mortgage,
as heretofore supplemented, expressly excepted) all the right,
title and interest of FPL in and to all other property of any
kind or nature appertaining to and/or used and/or occupied and/or
enjoyed in connection with any property hereinbefore or in the
Mortgage, as heretofore supplemented, described.
TOGETHER WITH all and singular the tenements, hereditaments
and appurtenances belonging or in anywise appertaining to the
aforesaid property or any part thereof, with the reversion and
reversions, remainder and remainders and (subject to the
provisions of Section 57 of the Mortgage) the tolls, rents,
revenues, issues, earnings, income, products and profits thereof,
and all the estate, right, title and interest and claim
whatsoever, at law as well as in equity, which FPL now has or may
hereinafter acquire in and to the aforesaid property and
franchises and every part and parcel thereof.
IT IS HEREBY AGREED by FPL that, subject to the provisions
of Section 87 of the Mortgage, all the property, rights, and
franchises acquired by FPL after the date hereof (except any
herein or in the Mortgage, as heretofore supplemented, expressly
excepted) shall be and are as fully granted and conveyed hereby
and as fully embraced within the Lien of the Mortgage, as if such
property, rights and franchises were now owned by FPL and were
specifically described herein and conveyed hereby.
PROVIDED that the following are not and are not intended to
be now or hereafter granted, bargained, sold, released, conveyed,
assigned, transferred, mortgaged, pledged, set over or confirmed
hereunder and are hereby expressly excepted from the Lien and
operation of this Supplemental Indenture and
-------------------
from the Lien and operation of the Mortgage, as heretofore
supplemented, viz: (1) cash, shares of stock, bonds, notes and
other obligations and other securities not hereafter specifically
pledged, paid, deposited, delivered or held under the Mortgage or
covenanted so to be; (2) merchandise, equipment, materials or
supplies held for the purpose of sale in the usual course of
business and fuel (including Nuclear Fuel unless expressly
subjected to the Lien and operation of the Mortgage by FPL in a
future Supplemental Indenture), oil and similar materials and
supplies consumable in the operation of any properties of FPL;
rolling stock, buses, motor coaches, automobiles and other
vehicles; (3) bills, notes and accounts receivable, and all
contracts, leases and operating agreements not specifically
pledged under the Mortgage or covenanted so to be; (4) the last
day of the term of any lease or leasehold which may hereafter
become subject to the Lien of the Mortgage; (5) electric energy,
gas, ice, and other materials or products generated,
manufactured, produced or purchased by FPL for sale, distribution
or use in the ordinary course of its business; all timber,
minerals, mineral rights and royalties; (6) FPL's franchise to be
a corporation; and (7) the properties already sold or in the
process of being sold by FPL and heretofore released from the
Mortgage and Deed of Trust, dated as of January 1, 1926, from
Florida Power & Light Company to Bankers Trust Company and The
Florida National Bank of Jacksonville, trustees, and specifically
described in three separate releases executed by Bankers Trust
Company and The Florida National Bank of Jacksonville, dated
July 28, 1943, October 6, 1943 and December 11, 1943, which
releases have heretofore been delivered by the said trustees to
FPL and recorded by FPL among the Public Records of all Counties
in which such properties are located; provided, however, that the
property and rights expressly excepted from the Lien and
operation of the Mortgage in the above subdivisions (2) and (3)
shall (to the extent permitted by law) cease to be so excepted in
the event and as of the date that the Trustee or a receiver or
trustee shall enter upon and take possession of the Mortgaged and
Pledged Property in the manner provided in Article XIII of the
Mortgage by reason of the occurrence of a Default as defined in
Section 65 thereof.
TO HAVE AND TO HOLD all such properties, real, personal and
mixed, granted, bargained, sold, released, conveyed, assigned,
transferred, mortgaged, pledged, set over or confirmed by FPL as
aforesaid, or intended so to be, unto Bankers Trust Company, the
Trustee, and its successors and assigns forever.
IN TRUST NEVERTHELESS, for the same purposes and upon the
same terms, trusts and conditions and subject to and with the
same provisos and covenants as are set forth in the Mortgage, as
heretofore supplemented, this Supplemental
-------------------
Indenture being supplemental thereto.
AND IT IS HEREBY COVENANTED by FPL that all terms,
conditions, provisos, covenants and provisions contained in the
Mortgage shall affect and apply to the property hereinbefore
described and conveyed and to the estate, rights, obligations and
duties of FPL and the Trustee and the beneficiaries of the trust
with respect to said property, and to the Trustee and its
successors as Trustee of said property in the same manner and
with the same effect as if said property had been owned by FPL at
the time of the execution of the Mortgage, and had been
specifically and at length described in and conveyed to said
Trustee, by the Mortgage as a part of the property therein stated
to be conveyed.
FPL further covenants and agrees to and with the Trustee and
its successors in said trust under the Mortgage, as follows:
ARTICLE I
SERIES OF BONDS
-------------------
**SECTION 1. (I) There shall be a series of bonds
designated "Secured Medium-Term Notes, Series ", herein
------
sometimes referred to as the Series", each of
-------------------
which shall also bear the descriptive title First Mortgage Bond,
and the form thereof, which shall be established by Resolution of
the Board of Directors of FPL, shall contain suitable provisions
with respect to the matters hereinafter in this Section
specified. Bonds of the Series shall be
-------------------
issued from time to time in an aggregate principal amount not to
exceed $ at any one time Outstanding except as
-------------------
provided in Section 16 of the Mortgage. [The amount which may be
Outstanding from time to time will be stated in one or more
notices of receipt of advance under mortgage providing for future
advances (a form of which is annexed hereto) executed by the
Company and recorded in Palm Beach County, Florida, and in one or
more acknowledgements of future advance (a form of which is
annexed hereto) executed by FPL and the Trustee and recorded in
Monroe County, Georgia.] Bonds of the Series
-------------------
shall be issued as fully registered bonds in the denominations of
[One Hundred] Thousand Dollars and, at the option of FPL, in any
larger amount that is an integral multiple of [One] Thousand
Dollars (the exercise of such option to be evidenced by the
execution and delivery thereof); each bond of the
Series shall mature on [such date not less
-------------------
than months nor more than
---------------- ---------------
years from date of issue,] shall bear interest at [such rate or
rates (which may be either fixed or variable) and have such other
terms and provisions not inconsistent with the Mortgage as the
Board of Directors may determine in accordance with a Resolution
filed with the Trustee referring to this
-------------------
Supplemental Indenture]; interest on bonds of the
Series [which bear interest at a fixed rate]
-------------------
shall be payable [semi-annually on and
-------------------
of each year] and at maturity (each an
-------------------
interest payment date); interest on bonds of the
Series [which bear interest at a variable
-------------------
rate] shall be payable [on the dates established on the Issue
Date [or the Original Interest Accrual Date] with respect to such
bonds and shall be set forth in such bonds.] [Notwithstanding
the foregoing, so long as there is no existing default in the
payment of interest on the bonds of the
-------------------
Series, all bonds of the Series authenticated
-------------------
by the Trustee after the Record Date hereinafter specified for
any interest payment date, and prior to such interest payment
date (unless the Issue Date [or the Original Interest Accrual
Date] is after such Record Date), shall be dated the date of
authentication, but shall bear interest from such interest
payment date, and the person in whose name any bond of the
Series is registered at the close of business
-------------------
---------------------
** The provisions in this Section 1 will be inserted in
supplemental indentures relating to the issuance of First
Mortgage Bonds designated Secured Medium Term Notes, provided
that the bracketed language may change.
on any Record Date with respect to any interest payment date
shall be entitled to receive the interest payable on such
interest payment date, notwithstanding the cancellation of such
bond of the Series, upon any transfer or
-------------------
exchange thereof subsequent to the Record Date and on or prior to
such interest payment date. If the Issue Date [or the Original
Interest Accrual Date] of the bonds of the
-------------------
Series of a designated interest rate and maturity is after the
Record Date, such bonds shall bear interest from the Issue Date
[or the Original Interest Accrual Date] but payment of interest
shall commence on the second interest payment date succeeding the
Issue Date [or the Original Interest Accrual Date]. "Record
Date" for bonds of the Series which bear
-------------------
interest at a fixed rate shall mean for
-------------------
interest payable and for
------------------- -------------------
interest payable , and for bonds of the
-------------------
Series which bear interest at a variable
-------------------
rate, the date 15 calendar days prior to any interest payment
date, provided that, interest payable on the maturity date will
be payable to the person to whom the principal thereof shall be
payable. "Issue Date" [or "Original Interest Accrual Date"] with
respect to bonds of the Series of a
-------------------
designated interest rate and maturity [unless a Resolution filed
with the Trustee on or before such date shall specify another
date from which interest shall accrue, then such other date for
bonds of such designated interest rate and maturity.] shall mean
the date of first authentication of bonds of such designated
interest rate and maturity.] The principal of and interest on
each said bond is payable at the office or agency of FPL in the
Borough of Manhattan, The City of New York, in such coin or
currency of the United States of America as at the time of
payment is legal tender for public and private debts. Bonds of
the Series shall be dated as in Section 10 of
-------------------
the Mortgage provided.
***[(II) Bonds of the Series may be
-------------------
redeemable either at the option of FPL or pursuant to the
requirements of the Mortgage (including, among other
requirements, the application of cash delivered to or deposited
with the Trustee pursuant to the provisions of Section 39 or
Section 64 of the Mortgage or with proceeds of Released Property)
in whole at any time, or in part from time to time, prior to
maturity, upon notice, as provided in Section 52 of the Mortgage,
mailed at least thirty (30) days prior to the date fixed for
redemption, as the Board of Directors may determine in accordance
with a Resolution filed with the Trustee referring to this
Supplement Indenture.]
-------------------
[(III) At the option of the registered owner, any bonds of
the Series, upon surrender thereof for
-------------------
cancellation at the office or agency of FPL in the Borough of
Manhattan, The City of New York, together with a written
instrument of transfer wherever required by FPL, duly executed by
the registered owner or by his duly authorized attorney, shall
(subject to the provisions of Section 12 of the Mortgage) be
---------------------------
*** These or other redemption provisions or other terms and
conditions relating to the series of First Mortgage Bonds
may be inserted here.
exchangeable for a like aggregate principal amount of bonds of
the same series of other authorized denominations which have the
same issue date, maturity date, and redemption provisions, if
any, and which bear interest at the same rate.]
Bonds of the Series shall be
-------------------
transferrable (subject to the provisions of Section 12 of the
Mortgage) at the office or agency of FPL in the Borough of
Manhattan, The City of New York.
Upon any exchange or transfer of bonds of the
Series, FPL may make a charge therefor
-------------------
sufficient to reimburse it for any tax or taxes or other
governmental charge, as provided in Section 12 of the Mortgage,
but FPL hereby waives any right to make a charge in addition
thereto for any exchange or transfer of bonds of the
Series.
-------------------
****[SECTION 1. (I) There shall be a series of bonds
designated " % Series due , ", herein
---- ------------------- ------
sometimes referred to as the " Series", each
-------------------
of which shall also bear the descriptive title First Mortgage
Bond, and the form thereof, which shall be established by
Resolution of the Board of Directors of FPL, shall contain
suitable provisions with respect to the matters hereinafter in
this Section specified. Bonds of the Series
-------------------
shall mature on , and shall be issued
------------------ ------
as fully registered bonds in denominations of [One] Thousand
Dollars and, at the option of FPL, in any multiple or multiples
of [One] Thousand Dollars (the exercise of such option to be
evidenced by the execution and delivery thereof); they shall bear
interest [at the rate of % per annum, payable semi-
--------
annually on and of each
------------------ -------------------
year;] the principal of and interest on each said bond to be
payable at the office or agency of FPL in the Borough of
Manhattan, The City of New York, in such coin or currency of the
United States of America as at the time of payment is legal
tender for public and private debts. Bonds of the
Series shall be dated as in Section 10 of the
-------------------
Mortgage provided.
[(II) Bonds of the
-------------------
Series shall be redeemable either at the option of FPL or
pursuant to the requirements of the Mortgage (including, among
other requirements, the application of cash delivered to or
deposited with the Trustee pursuant to the provisions of
Section 39 or Section 64 of the Mortgage or with proceeds of
Released Property) in whole at any time, or in part from time to
time, prior to maturity, upon notice, as provided in Section 52
of the Mortgage, mailed at least thirty (30) days prior to the
-----------------------
**** These provisions will be inserted in any supplemental
indentures relating to the issuance of First Mortgage
Bonds other than those designated Secured Medium-Term
Notes, provided that the bracketed language may change.
date fixed for redemption, at the following general redemption
prices, expressed in percentages of the principal amount of the
bonds to be redeemed:
GENERAL REDEMPTION PRICES
If redeemed during the 12 month period ending
,
-------------------
in each case, together with accrued interest to the date fixed
for redemption.]*****
(III) At the option of the registered owner, any bonds
of the Series, upon surrender
-------------------
thereof for cancellation at the office or agency of FPL in the
Borough of Manhattan, The City of New York, together with a
written instrument of transfer wherever required by FPL, duly
executed by the registered owner or by his duly authorized
attorney, shall (subject to the provisions of Section 12 of the
Mortgage) be exchangeable for a like aggregate principal amount
of bonds of the same series of other authorized denominations.
Bonds of the Series shall be
-------------------
transferable (subject to the provisions of Section 12 of the
Mortgage) at the office or agency of FPL in the Borough of
Manhattan, The City of New York.
Upon any exchange or transfer of bonds of the
Series, FPL may make a charge therefor
-------------------
sufficient to reimburse it for any tax or taxes or other
governmental charge, as provided in Section 12 of the Mortgage,
but FPL hereby waives any right to make a charge in addition
thereto for any exchange or transfer of bonds of the
Series.]
-------------------
-----------------
***** These or other redemption provisions or other terms and
conditions relating to the series of First Mortgage Bonds
may be inserted here.*****
ARTICLE II
DIVIDEND COVENANT
SECTION 2. Section 3 of the Third Supplemental Indenture,
as heretofore amended, is hereby further amended by inserting the
words "or Series" immediately
-------------------
before the words "remain Outstanding".
ARTICLE III
MISCELLANEOUS PROVISIONS
SECTION 3. Subject to the amendments provided for in this
Supplemental Indenture, the terms
-------------------
defined in the Mortgage, as heretofore supplemented, shall, for
all purposes of this Supplemental Indenture,
-------------------
have the meanings specified in the Mortgage, as heretofore
supplemented.
******SECTION 4. The holders of bonds of the
Series consent that FPL may, but shall not be
-------------------
obligated to, fix a record date for the purpose of determining
the holders of bonds of the Series entitled
-------------------
to consent to any amendment, supplement or waiver. If a record
date is fixed, those persons who were holders at such record date
(or their duly designated proxies), and only those persons, shall
be entitled to consent to such amendment, supplement or waiver or
to revoke any consent previously given, whether or not such
persons continue to be holders after such record date. No such
consent shall be valid or effective for more than 90 days after
such record date.
SECTION 5. The Trustee hereby accepts the trust herein
declared, provided, created or supplemented and agree to perform
the same upon the terms and conditions herein and in the
Mortgage, as heretofore supplemented, set forth and upon the
following terms and conditions:
The Trustee shall not be responsible in any manner
whatsoever for or in respect of the validity or sufficiency of
this Supplemental Indenture or for or in
-------------------
respect of the recitals contained herein, all of which recitals
are made by FPL solely. In general, each and every term and
condition contained in Article XVII of the Mortgage, as
heretofore amended, shall apply to and form part of this
Supplemental Indenture with the same force
-------------------
and effect as if the same were herein set forth in full with such
omissions, variations and insertions, if any, as may be
--------------------
****** This provision may be deleted in any supplemental indenture
relating to the issuance of First Mortgage Bonds other than
those which are issued to the Depository Trust Company, or
its successor. The remaining sections will be renumbered
accordingly.
appropriate to make the same conform to the provisions of this
Supplemental Indenture.
-------------------
SECTION 6. Whenever in this
-------------------
Supplemental Indenture either of the parties hereto is named or
referred to, this shall, subject to the provisions of Articles
XVI and XVII of the Mortgage, as heretofore amended, be deemed to
include the successors and assigns of such party, and all the
covenants and agreements in this Supplemental
-------------------
Indenture contained by or on behalf of FPL, or by or on behalf of
the Trustee, or either of them, shall, subject as aforesaid, bind
and inure to the respective benefits of the respective successors
and assigns of such parties, whether so expressed or not.
SECTION 7. Nothing in this
-------------------
Supplemental Indenture, expressed or implied, is intended, or
shall be construed, to confer upon, or to give to, any person,
firm or corporation, other than the parties hereto and the
holders of the bonds and coupons Outstanding under the Mortgage,
any right, remedy or claim under or by reason of this
Supplemental Indenture or any covenant,
-------------------
condition, stipulation, promise or agreement hereof, and all the
covenants, conditions, stipulations, promises and agreements in
this Supplemental Indenture contained by or
-------------------
on behalf of FPL shall be for the sole and exclusive benefit of
the parties hereto, and of the holders of the bonds and coupons
Outstanding under the Mortgage.
SECTION 8. The Mortgage, as heretofore supplemented and
amended and as supplemented hereby, is intended by the parties
hereto, as to properties now or hereafter encumbered thereby and
located within the State of Georgia, to operate and is to be
construed as granting a lien only on such properties and not as a
deed passing title thereto.
SECTION 9. This Supplemental
-------------------
Indenture shall be executed in several counterparts, each of
which shall be an original and all of which shall constitute but
one and the same instrument.
IN WITNESS WHEREOF, FPL has caused its corporate name to be
hereunto affixed, and this instrument to be signed and sealed by
its President or one of its Vice Presidents, and its corporate
seal to be attested by its Secretary or one of its Assistant
Secretaries for and in its behalf, and BANKERS TRUST COMPANY has
caused its corporate name to be hereunto affixed, and this
instrument to be signed and sealed by one of its Vice Presidents
or Assistant Vice Presidents, and its corporate seal to be
attested by one of its Assistant Vice Presidents or one of its
Assistant Secretaries, all as of the day and year first above
written.
FLORIDA POWER & LIGHT COMPANY
By:
-------------------------
Attest:
--------------------
Executed, sealed and delivered by
FLORIDA POWER & LIGHT COMPANY
in the presence of:
------------------------------
------------------------------
BANKERS TRUST COMPANY,
As Trustee
By:
---------------------------
Attest:
--------------------
Executed, sealed and delivered by
BANKERS TRUST COMPANY
in the presence of:
---------------------------
---------------------------
STATE OF FLORIDA )
) SS.:
COUNTY OF PALM BEACH )
On the day of ,
--------- -------------------
in the year , before me personally came
------
, to me known, who,
------------------------------
being by me duly sworn, did depose and say that he resides at
---------------------------------------; that he is a
-------
of FLORIDA POWER & LIGHT
----------------------------
COMPANY, one of the corporations described in and which executed
the above instrument; that he knows the seal of said corporation;
that the seal affixed to said instrument is such corporate seal;
that it was so affixed by order of the Board of Directors of said
corporation, and that he signed his name thereto by like order.
I HEREBY CERTIFY, that on this day of
----------
, , before me personally
------------------ ------
appeared and ,
----------------------------- ------------------
respectively, the and an
---------------- ---------------------
of FLORIDA POWER & LIGHT COMPANY, a
-------------------
corporation under the laws of the State of Florida, to me known
to be the persons described in and who executed the foregoing
instrument and severally acknowledged the execution thereof to be
their free act and deed as such officers, for the uses and
purposes therein mentioned; and that they affixed thereto the
official seal of said corporation, and that said instrument is
the act and deed of said corporation.
and
---------------------------------------
produced Florida Driver's License
-------------------
No. and Florida Driver's
-----------------------------
License No. as identification,
-------------------
respectively, and did take an oath.
WITNESS my signature and official seal at Juno Beach, in the
County of Palm Beach, and State of Florida, the day and year last
aforesaid.
Notary Public, State of Florida
Commission No.
-------------------
My Commission Expires
-------------------
STATE OF NEW YORK )
) SS.:
COUNTY OF NEW YORK )
On the day of ,
--------- -------------------
in the year , before me personally came
--------
, to me known, who, being by me duly
-------------------
sworn, did depose and say that he resides at
; that he is
--------------------------------------
a of BANKERS TRUST COMPANY, one of
-------------------
the corporations described in and which executed the above
instrument; that he knows the seal of said corporation; that the
seal affixed to said instrument is such corporate seal; that it
was so affixed by order of the Board of Directors of said
corporation, and that he signed his name thereto by like order.
I HEREBY CERTIFY, that on this day of
----------
, , before me personally
------------------ ------
appeared and ,
------------------- --------------------
respectively, a and an of
-------------- ------------------
BANKERS TRUST COMPANY, a corporation under the laws of the state
of New York, to me known to be the persons described in and who
executed the foregoing instrument and severally acknowledged the
execution thereof to be their free act and deed as such
officers, for the uses and purposes therein mentioned; and that
they affixed thereto the official seal of said corporation, and
that said instrument is the act and deed of said corporation.
and
------------------ -------------------
produced Driver's License
-------------------
No. and
------------------- -------------------
Driver's License No. as
-------------------
identification, respectively, and did take an oath.
WITNESS my signature and official seal at New York City, in
the County of New York, and State of New York, the day and year
last aforesaid.
Notary Public, State of New York
Commission No.
-------------------
Qualified in County
---------------
My Commission Expires
-------------------
