of the Original Indenture. Section 4.13 of the Original Indenture is hereby amended to read in its entirety as follows:
of the Original Indenture. The last sentence of Section 4.13 of the Original Indenture is hereby amended and restated in relation solely to the Notes to read as follows: “Notwithstanding the foregoing, the Parent Guarantor may, and may permit any Subsidiary to, create, assume, incur or suffer to exist any lien, other than a Permitted Lien, upon any Principal Property or upon any capital stock of any Restricted Subsidiary to secure Indebtedness of the Parent Guarantor, the Company or any other Person (other than the Debt Securities), without in any such case making effective provision whereby all the Debt Securities Outstanding under this Indenture are secured equally and ratably with, or prior to, such Indebtedness so long as such Indebtedness is secured; provided that the aggregate principal amount of all Indebtedness then outstanding secured by such lien and all similar liens, together with the aggregate amount of Attributable Indebtedness deemed to be outstanding in respect of all Sale/Leaseback Transactions (exclusive of any such Sale/Leaseback Transactions otherwise permitted under clauses (a) through (d) of Section 4.12), does not exceed 10% of Consolidated Net Tangible Assets.”
of the Original Indenture. The last paragraph of Section 4.12 of the Original Indenture is hereby amended and restated in relation solely to the Notes to read as follows: “Notwithstanding the foregoing provisions of this Section, the Parent Guarantor may, and may permit any Subsidiary to, effect any Sale/Leaseback Transaction that is not excepted by clauses (a) through (d), inclusive, of this Section, provided that the Attributable Indebtedness from such Sale/Leaseback Transaction, together with the aggregate principal amount of all other such Attributable Indebtedness deemed to be outstanding and all outstanding Indebtedness (other than the Debt Securities) secured by liens, other than Permitted Liens, upon Principal Properties or upon any capital stock of any Restricted Subsidiary, do not exceed 10% of Consolidated Net Tangible Assets.”
of the Original Indenture. The Debenture shall not be redeemed by the Issuer prior to April 30, 1999. Subject to Article 13 of the Original Indenture, on or after May 1, 1999, the Issuer shall have the right to redeem this Debenture at the option of the Issuer, without premium or penalty, in whole or in part, at a redemption price equal to 100% of the principal amount redeemed plus the accrued and unpaid interest thereon to the date fixed for redemption. Any redemption pursuant to this paragraph will be made upon not less than 30 nor more than 60 days notice to the Trustee and Holders of the Debentures (with the Trustee to be notified at least three days prior to notice to such Holders). If the Debentures are only partially redeemed by the Issuer, the notes will be redeemed pro rata or by lot or by any other method utilized by the Trustee; provided that if at the time of redemption, the Debentures are registered as a Global Debenture, the Depositary shall determine by lot the principal amount of such Debentures held by each Debenture holder to be redeemed. In the event of redemption of this Debenture in part only, a new Debenture or Debentures of this series for the unredeemed portion hereof will be issued in the name of the registered holder hereof upon the cancellation hereof. In case an Event of Default, as defined in the Indenture, shall have occurred and be continuing, the principal of all of the Debentures may be declared, and upon such declaration shall become, due and payable, in the manner, with the effect and subject to the conditions provided in the Indenture. The Indenture contains provisions for defeasance at any time of the entire indebtedness of this Debenture upon compliance by the Issuer with certain conditions set forth therein. The Indenture contains provisions permitting the Issuer and the Trustee, with the consent of the registered holders of not less than a majority in aggregate principal amount of the outstanding Debentures of all series affected at the time, as defined in the Indenture, to execute supplemental indentures for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of the Indenture or of any supplemental indenture or of modifying in any manner the rights of the registered holders of the Debentures; provided, however, that no such supplemental indenture shall (i) extend the final maturity of any Debentures of any series, or reduce the principal amount thereof, or reduce the rate of or extend the tim...
of the Original Indenture. Solely for the purpose of determining Events of Default with respect to the 2004 Notes, paragraphs (e), (f) and (h) of Section 5.1 of the Original Indenture shall be amended such that each and every reference therein to the Issuer shall be deemed to mean either the Issuer or Consumers.
of the Original Indenture. The obligations of the Issuer to pay the principal of and interest on the Bonds when due as herein prescribed are absolute and unconditional and no provision of this Bond or the Indenture shall alter or impair such obligations. The Bonds are subject to and have the benefits of the Collateral Documents pursuant to which the rights of the parties in respect of the Collateral will be exercised by the Trustee in accordance with the Collateral Documents. Northeast Generation Supplemental Indenture ------------------------------------------- The Indenture permits, with certain exceptions, as therein provided, the amendment thereof and the modification of the rights and obligations of the Issuer and the rights of the Holder under the Indenture at any time by the Issuer with the consent of the Holders of more than 50% in aggregate principal amount of the Bonds of all series then Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Bonds of all series then Outstanding, on behalf of the Holders of all the Bonds, to waive compliance by the Issuer with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any Act (as such term is defined in the Indenture), including, but not limited to, such a consent, waiver or direction by the Holder of this Bond shall be conclusive and binding upon the Holder and upon all future Holders of this Bond and the Holder of every Bond issued upon the transfer hereof or the exchange herefor or in lieu hereof whether or not notation of such Act is made upon this Bond. This Bond is one of the series designated on the face hereof, limited to $320,000,000 in aggregate principal amount as provided in the First Supplemental Indenture. This Bond and all Bonds issued or to be issued in a series created under the First Supplemental Indenture are redeemable in whole or in part at the option of the Issuer in accordance with Section 6.1 of the Original Indenture, on not less than 30 nor more than 60 days' notice, at a redemption price equal to the principal amount thereof plus unpaid and accrued interest plus the Make-Whole Premium. The Bonds are, under certain conditions, subject to mandatory redemption in whole or in part as set forth in Section 6.2 of the Original Indenture. Notice of any redemption of Bonds will be given at least 30 days but not more than 60 days before the Redemption Date to each Holder at its ad...
of the Original Indenture. Section 4.23 of the Original Indenture is hereby deleted.
of the Original Indenture. SECTION 5.01. Mandatory Purchase of Bonds on Mandatory Purchase Date. 6 SECTION 5.02. Funds for Purchase of Bonds. 7 ARTICLE VI AMENDMENT TO ARTICLE V OF THE ORIGINAL INDENTURE SECTION 6.01. Additional Sections in Article V. 7 ARTICLE VII AMENDMENT TO ARTICLE VI OF THE ORIGINAL INDENTURE SECTION 7.01. Additional Section in Article VI. 8 ARTICLE VIII AMENDMENT TO ARTICLE XIII OF THE ORIGINAL INDENTURE SECTION 8.01. Notices. 8 ARTICLE IX AMENDMENT TO ARTICLE X OF THE ORIGINAL INDENTURE SECTION 9.01. Successor Remarketing Agent. 8 ARTICLE X REPLACEMENT BOND SECTION 10.01. Replacement Bond. 9 ARTICLE XI MISCELLANEOUS
of the Original Indenture. Section 11.04(a) of the Original Indenture is amended and restated in its entirety as follows:
of the Original Indenture. Section 5.07(a) of the Original Indenture is amended by inserting the phrase “or Covenant Breach” after the phrase “Event of Default.”
