Liability Solely Corporate. No recourse shall be had for the payment of the principal of or premium, if any, or interest, if any, on any Securities, or any part thereof, or for any claim based thereon or otherwise in respect thereof, or of the indebtedness represented thereby, or upon any obligation, covenant or agreement under this Indenture, against any incorporator, stockholder, officer or director, as such, past, present or future of the Company or of any predecessor or successor corporation (either directly or through the Company or a predecessor or successor corporation), whether by virtue of any constitutional provision, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly agreed and understood that this Indenture and all the Securities are solely corporate obligations, and that no personal liability whatsoever shall attach to, or be incurred by, any incorporator, stockholder, officer or director, past, present or future, of the Company or of any predecessor or successor corporation, either directly or indirectly through the Company or any predecessor or successor corporation, because of the indebtedness hereby authorized or under or by reason of any of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or to be implied herefrom or therefrom, and that any such personal liability is hereby expressly waived and released as a condition of, and as part of the consideration for, the execution of this Indenture and the issuance of the Securities. ARTICLE FIFTEEN
Liability Solely Corporate. No recourse shall be had for the payment of the principal of (or premium, if any) or the interest on any Debt Securities, or any part thereof, or of the indebtedness represented thereby, or upon any obligation, covenant or agreement of this Indenture, against any incorporator, or against any stockholder, officer, director, member, manager or employee, as such, past, present or future, of the Company or of any other Person now or hereafter an obligor with respect to this Indenture or any Debt Securities (or any incorporator, stockholder, officer, director, member, manager or employee of any predecessor or successor corporation or other entity), either directly or through the Company or of any other Person now or hereafter an obligor with respect to this Indenture or any Debt Securities (or any such predecessor or successor corporation or other entity), whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly agreed and understood that this Indenture and all the Debt Securities are solely corporate obligations, and that no personal liability whatsoever shall attach to, or be incurred by, any such incorporator, stockholder, officer, director, member, manager or employee, past, present or future, of the Company or of any other Person now or hereafter an obligor with respect to this Indenture or any Debt Securities (or any incorporator, stockholder, officer, director, member, manager or employee of any such predecessor or successor corporation or other entity), either directly or indirectly through the Company or of any other Person now or hereafter an obligor with respect to this Indenture or any Debt Securities (or any such predecessor or successor corporation or other entity), because of the indebtedness hereby authorized or under or by reason of any of the obligations, covenants, promises or agreements contained in this Indenture or in any of the Debt Securities or to be implied herefrom or therefrom; and that any such personal liability is hereby expressly waived and released as a condition of, and as part of the consideration for, the execution of this Indenture and the issue of Debt Securities; provided, however, that nothing herein or in the Debt Securities contained shall be taken to prevent recourse to and the enforcement of the liability, if any, of any stockholder or subscriber to capital stock upon or in respect of the shares of capital stock not fully paid.
Liability Solely Corporate. 13 ARTICLE TWO
Liability Solely Corporate. 16 ARTICLE II.....................................................................................17
Liability Solely Corporate. 85 Testimonium.................................................................85
Liability Solely Corporate. 18 Section 1.15. Treatment of Debt Securities as Debt.......................18 ARTICLE II.............................................................................19
Liability Solely Corporate. 119 SCHEDULE 1 FORM OF EXPERT'S CERTIFICATE UNDER SECTION 5.02................ S1-1 SCHEDULE 2 FORM OF EXPERT'S CERTIFICATE UNDER SECTION 8.03(C)............. S2-1 SCHEDULE 3 FORM OF OFFICER'S CERTIFICATE UNDER SECTION 8.03(D)............ S3-1 SCHEDULE 4 FORM OF EXPERT'S CERTIFICATE UNDER SECTION 8.04................ S4-1 INDENTURE OF MORTGAGE (this "Indenture"), dated as of __________ ___, 2004 between PACIFIC GAS AND ELECTRIC COMPANY, a corporation duly organized and existing under the laws of the State of California (the "Company"), and BNY WESTERN TRUST COMPANY, a California banking corporation, as Trustee (the "Trustee").
Liability Solely Corporate. 72 ARTICLE FIFTEEN................................................................................................. 72 Securities of the First Series and Second Series................................................................ 72 SECTION 1501. Designation of Securities of the First Series........................................... 72 SECTION 1502. Designation of Securities of the Second Series.......................................... 73 Testimonium..................................................................................................... 70 Signatures...................................................................................................... 70 Acknowledgements................................................................................................ 71 TEXAS UTILITIES COMPANY RECONCILIATION AND TIE BETWEEN TRUST INDENTURE ACT OF 1939 AND INDENTURE, DATED AS OF JANUARY 1, 1998 TRUST INDENTURE ACT SECTION INDENTURE SECTION
Liability Solely Corporate. 67 ARTICLE FIFTEEN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Liability Solely Corporate. 69 Testimonium............................................................... 70 Signatures................................................................ 70 Acknowledgements.......................................................... 71 ENSERCH CORPORATION RECONCILIATION AND TIE BETWEEN TRUST INDENTURE ACT OF 1939 AND INDENTURE, DATED AS OF JANUARY 1, 1998 TRUST INDENTURE ACT SECTION INDENTURE SECTION
