Common use of Authorization of Bonds Clause in Contracts

Authorization of Bonds. The Company has authorized the issue and sale of $30,000,000 aggregate principal amount of its First Mortgage Bonds, 6.53% Series due August 1, 2036 (the “Bonds”), to be issued under and secured as provided in the Company’s Indenture of First Mortgage and Deed of Trust (the “Original Indenture”), dated as of February 1, 1955, to The Bank of New York, as successor to United States Trust Company of New York, successor to The Chase Manhattan Bank (National Association), successor to The Chase National Bank of the City of New York, as trustee (the “Trustee”), as previously supplemented and modified by seventeen supplemental indentures and as to be further supplemented and modified by an Eighteenth Supplemental Indenture (the “Eighteenth Supplemental Indenture”), to be dated as of July 1, 2006 and to be substantially in the form of Exhibit A attached hereto. As used herein, “Indenture” shall mean the Original Indenture, as previously supplemented and modified by seventeen supplemental indentures and as further supplemented and modified by the Eighteenth Supplemental Indenture. The Bonds shall be issuable in fully registered form only, shall mature on August 1, 2036, shall bear interest at the rate of 6.53% per annum, payable semi-annually on February 1 and August 1 of each year, commencing February 1, 2007, shall be subject to redemption as provided in the Eighteenth Supplemental Indenture and shall be in the form established pursuant to the Eighteenth Supplemental Indenture. As provided in the Eighteenth Supplemental Indenture, the Bonds originally issued to you thereunder shall be dated, and shall bear interest from, the date of their original issue on the date of the Closing referred to in section 3. References to a “Schedule” or “Exhibit”, unless otherwise specified, are to a Schedule or Exhibit to this Agreement.

Authorization of Bonds. The Company has authorized will authorize the issue and sale of $30,000,000 First Mortgage Bonds, 5.60% Series due February 1, 2043 (herein referred to as the “5.60% Series due February 1, 2043 Bonds”) in an aggregate principal amount of its First Mortgage Bonds$75,000,000, 6.53to bear interest at the rate of 5.60% per annum, and to mature on February 1, 2043 (the 5.60% Series due August February 1, 2036 (2043 Bonds are collectively referred to as the “Bonds”” and such term includes any such bonds issued in substitution therefor), to . The Bonds will be issued under and secured as provided in the Company’s by that certain Indenture of First Mortgage and Deed dated as of January 1, 1941, from the Company (as successor by merger to the Philadelphia Suburban Water Company), as grantor, to The Bank of New York Mellon Trust Company, N.A., as successor trustee (the “Trustee”) (the “Original Indenture”), dated as of February 1, 1955, to The Bank of New York, as successor to United States Trust Company of New York, successor to The Chase Manhattan Bank (National Association), successor to The Chase National Bank of the City of New York, as trustee (the “Trustee”), as previously amended and supplemented and modified by seventeen supplemental indentures and as to be further supplemented and modified by an Eighteenth Supplemental Indenture (the “Eighteenth Supplemental Indenture”), to be dated as of July 1, 2006 and to be substantially in the form of Exhibit A attached hereto. As used herein, “Indenture” shall mean the Original Indenture, as previously supplemented and modified by seventeen sixty supplemental indentures and as further supplemented and modified by the Eighteenth Sixty-first Supplemental Indenture. The Bonds shall be issuable in fully registered form only, shall mature on August Indenture dated as of December 1, 2036, shall bear interest at the rate of 6.53% per annum, payable semi2022 (such Sixty-annually on February 1 and August 1 of each year, commencing February 1, 2007, shall be subject to redemption as provided in the Eighteenth first Supplemental Indenture and shall being referred to herein as the “Supplement”) which will be substantially in the form established pursuant to attached hereto as Exhibit A, with such changes therein, if any, as shall be approved by the Eighteenth Supplemental IndenturePurchasers and the Company. As provided in the Eighteenth Supplemental The Original Indenture, as supplemented and amended by the Bonds originally issued to you thereunder shall be datedaforementioned sixty supplemental indentures and the Supplement, and shall bear interest fromas further supplemented or amended according to its terms, the date of their original issue on the date of the Closing is hereinafter referred to as the “Indenture”. Certain capitalized and other terms used in section 3. References this Agreement are defined in Schedule B; and references to a “Schedule” or an “Exhibit”” are, unless otherwise specified, are to a Schedule or an Exhibit attached to this Agreement. Terms used herein but not defined herein shall have the meanings set forth in the Indenture.

Authorization of Bonds. The Company has authorized will authorize the issue and sale of $30,000,000 65,000,000 aggregate principal amount of its 2.44% First Mortgage Bonds, 6.53% Series due August 115, 2036 2035, Series 2021A (as amended, restated or otherwise modified from time to time and including any such bonds issued in substitution therefor pursuant to the Indenture, the “Bonds”), to . The Bonds will be issued under and secured as provided in the Company’s Indenture of by that certain First Mortgage and Deed Indenture dated as of Trust March 23, 2009 (the “Original Indenture”), dated from the Company, as of February 1, 1955grantor, to The Bank of New YorkU. S. Bank, as successor to United States Trust Company of New York, successor to The Chase Manhattan Bank (National Association), successor to The Chase National Bank of the City of New York, as trustee (the “Trustee”), as previously amended and supplemented and modified by seventeen supplemental indentures and as to be further supplemented and modified by an Eighteenth a First Supplemental Indenture (the “Eighteenth dated as of March 23, 2009, a Second Supplemental Indenture”), to be dated as of March 25, 2009, a Third Supplemental Indenture, dated as of April 30, 2009, as amended by a First Amendment, dated as of December 16, 2010, a Fourth Supplemental Indenture dated as of September 30, 2011, a Fifth Supplemental Indenture, dated as of April 3, 2013, a Sixth Supplemental Indenture dated as of June 27, 2014, a Seventh Supplemental Indenture, dated as of February 10, 2016, an Eighth Supplemental Indenture, dated as of August 24, 2017, a Ninth Supplemental Indenture dated as of June 28, 2018, a Tenth Supplemental Indenture, dated as of March 29, 2019, an Eleventh Supplemental Indenture dated as of July 1, 2006 2019, a Twelfth Supplemental Indenture dated as of April 24, 2020, and a Thirteenth Supplemental Indenture dated as of July 15, 2020, each such supplemental indenture being between the Company and the Trustee, and to be further supplemented by the Fourteenth Supplemental Indenture (referred to herein as the “Supplement”) which will be substantially in the form of Exhibit A attached heretoset out in Schedule C, with such changes therein, if any, as shall be approved by the Purchasers and the Company. As used herein, “Indenture” shall mean the The Original Indenture, as previously supplemented and modified amended by seventeen the aforementioned thirteen supplemental indentures and the Supplement, and as further supplemented or amended according to its terms, is hereinafter referred to as the “Indenture”. Certain capitalized and modified other terms used in this Agreement are defined in Schedule A. Terms used herein Texas-New Mexico Power Company Bond Purchase Agreement by not defined herein shall have the Eighteenth Supplemental Indenture. The Bonds shall be issuable in fully registered form only, shall mature on August 1, 2036, shall bear interest at the rate of 6.53% per annum, payable semi-annually on February 1 and August 1 of each year, commencing February 1, 2007, shall be subject to redemption as provided meanings set forth in the Eighteenth Supplemental Indenture and shall be in the form established pursuant to the Eighteenth Supplemental Indenture. As provided in the Eighteenth Supplemental Indenture, the Bonds originally issued to you thereunder shall be dated, and shall bear interest from, the date of their original issue on the date of the Closing referred to in section 3unless otherwise specified. References to a “Schedule” or “Exhibit”, are references to a Schedule attached to this Agreement unless otherwise specified, are . References to a Schedule or Exhibit “Section” are references to a Section of this AgreementAgreement unless otherwise specified.

Authorization of Bonds. The Company has authorized the will authorize and issue and sale of $30,000,000 9,000,000 in aggregate principal amount of its 5.21% Series F First Mortgage BondsBonds due April 15, 6.53% Series due August 1, 2036 2011 (the “Bonds”), to be issued "BONDS") under and secured as provided in by the Company’s Indenture of First Mortgage and Deed of Trust (the “Original Indenture”), dated as of February 1July 15, 19551954 (hereinafter called the "ORIGINAL INDENTURE"), between the Company (as successor corporation to The Ansonia Derby Water Company, a Connecticut corporation) and The First National Bank of New York, as successor to United States and Trust Company of New York, successor to The Chase Manhattan Bank (National Association), successor to The Chase National Bank of the City of New YorkHaven, as trustee, which has been succeeded by U.S. Bank National Association as the currently acting trustee (the “Trustee”"TRUSTEE"), as previously supplemented and modified amended by seventeen indentures supplemental indentures thereto and amendatory thereof, dated as of October 1, 1974, June 1, 1981, June 3, 1982, March 8, 1985, July 1, 1988, August 9, 1991 and September 1, 2000, respectively, and as to be further supplemented and modified amended by an Eighteenth the Eighth Supplemental Indenture (the “Eighteenth Supplemental Indenture”), to be dated as of July 1April 15, 2006 2004 (the "EIGHTH SUPPLEMENTAL INDENTURE") entered into by the Company and to the Trustee, which will be substantially in the form of attached hereto as Exhibit A attached hereto. As used herein, “Indenture” shall mean the A. The Original Indenture, Indenture as previously supplemented and modified by seventeen supplemental indentures amended as described in the preceding sentence is referred to herein as the "INDENTURE." The Indenture constitutes a direct mortgage lien upon the franchises of the Company and upon the properties therein described as further supplemented intended to be mortgaged, subject only to the exceptions and modified by encumbrances set forth in the Eighteenth granting clauses of the Indenture and Permitted Encumbrances (as defined in the Eighth Supplemental Mortgage Indenture). The Bonds shall will be issuable in fully registered form only, shall mature on August 1, 2036, shall bear interest at the rate of 6.53% per annum, payable semi-annually on February 1 and August 1 of each year, commencing February 1, 2007, shall be subject to redemption as provided in the Eighteenth Supplemental Indenture and shall be substantially in the form established pursuant attached as Exhibit A to the Eighteenth Eighth Supplemental Indenture. As provided in the Eighteenth Supplemental Indenture, the Bonds originally issued to you thereunder shall be dated, and shall bear interest from, the date of their original issue on the date of the Closing referred to in section 3. References to a “Schedule” or “Exhibit”, unless otherwise specified, are to a Schedule or Exhibit to this Agreement.