Common use of Authorization of Bonds Clause in Contracts

Authorization of Bonds. The Company will authorize the issue and sale of (i) $100,000,000 aggregate principal amount of its 5.18% First Mortgage Bonds, Series 2024A, Tranche A due 2034 (the “Series 2024A Tranche A Bonds”), (ii) $60,000,000 aggregate principal amount of its 5.28% First Mortgage Bonds, Series 2024A, Tranche B due 2036 (the “Series 2024A Tranche B Bonds” and together with the Series 2024A Tranche A Bonds, the “Series 2024A Bonds”) and (iii) $165,000,000 aggregate principal amount of its 5.69% First Mortgage Bonds, Series 2025A, Tranche A due 2055 (the “Series 2025A Bonds” and together with the Series 2024A Bonds, the “Bonds”). The Bonds are to be issued under and will be entitled to the benefit of and secured by that certain Amended and Restated Indenture of Mortgage and Deed of Trust dated as of January 1, 2023, as amended and supplemented by the First Supplemental Indenture dated as of March 15, 2023 and the Second Supplemental Indenture dated as of October 13, 2023 (the “Amended and Restated Mortgage”) between the Company and Deutsche Bank Trust Company Americas (formerly known as Bankers Trust Company) (the “Trustee”) as to be amended and supplemented by a third supplemental indenture relating to the Series 2024A Bonds (the “Third Supplemental Indenture”) and a fourth supplemental indenture relating to the Series 2025A Bonds (the “Fourth Supplemental Indenture” and, together with the Third Supplemental Indenture, collectively, the “Supplemental Indenture”) (such Amended and Restated Mortgage as to be so further amended and supplemented by the Third Supplemental Indenture and the Fourth Supplemental Indenture being hereinafter referred to as the “Indenture”). The Third Supplemental Indenture and the Fourth Supplemental Indenture shall be substantially in the forms set out in Exhibit A and Exhibit B hereto, respectively, with such changes therefrom, if any, as may be approved by the Purchasers and the Company. The term “Bonds” shall include any such Bonds of the same series and tranche issued in substitution therefor pursuant to the terms and provisions of the Indenture. The Bonds, as applicable, shall be substantially in the respective forms set out in the Third Supplemental Indenture and the Fourth Supplemental Indenture, respectively, with such changes therefrom, if any, as may be approved by the Purchasers and the Company. Certain capitalized terms used herein shall have the meaning ascribed to such terms in the Indenture unless otherwise defined in Schedule A to this Agreement or the context hereof shall otherwise require; and references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Sources: Bond Purchase Agreement (Centerpoint Energy Inc)

Authorization of Bonds. The Company will authorize the issue and sale of (i) $100,000,000 30,000,000 aggregate principal amount of its 5.18% First Mortgage Bonds, 3.73% Series 2024A, Tranche A due 2034 2033 (the “3.73% Series 2024A Tranche A Bonds”), and (ii) $60,000,000 120,000,000 aggregate principal amount of its 5.28% First Mortgage Bonds, 4.32% Series 2024A, Tranche B due 2036 2043 (the “4.32% Series 2024A Tranche B Bonds,” and together with the 3.73% Series 2024A Tranche A Bonds, the “Series 2024A Bonds”) and (iii) $165,000,000 aggregate principal amount of its 5.69% First Mortgage Bonds, Series 2025A, Tranche A due 2055 (the “Series 2025A Bonds” and together with the Series 2024A Bonds, the “Bonds”). The Bonds are ) to be issued under and will be entitled to the benefit of and secured by that certain Amended and Restated Indenture of Mortgage and Deed of Trust Trust, dated as of January September 1, 2023, as amended and supplemented by the First Supplemental Indenture dated as of March 15, 2023 and the Second Supplemental Indenture dated as of October 13, 2023 1944 (the “Amended and Restated Original Mortgage”) ), between the Company and Deutsche Company, The Bank Trust Company Americas (formerly known as Bankers of New York Mellon Trust Company) , N.A. (the “Principal Trustee”) and UMB Bank & Trust, N.A (with the Principal Trustee, the “Trustees,” and individually, a “Trustee”), as to be amended and supplemented by a third supplemental indenture relating to the Series 2024A Bonds (the “Third Supplemental Indenture”) and a fourth supplemental indenture relating to the Series 2025A Bonds (the “Fourth Supplemental Indenture” and, together with the Third Thirty-Ninth Supplemental Indenture, collectively, dated as of the Closing (the “Supplemental Indenture”), and entitled to the benefits thereof. The Original Mortgage, as heretofore supplemented and amended including, without limitation, by the Supplemental Indenture, and as may be supplemented and amended in the future, is hereinafter referred to as the “Mortgage.” The Supplemental Indenture, including the forms of the Bonds of each series, shall be in the form set out in Exhibit 1. The Mortgage creates and will create a first mortgage Lien on and a first security interest in the property of the Company described therein as being subjected to the Lien thereof, subject to permitted encumbrances, prepaid liens and Prior liens (each as defined in the Mortgage), and except (i) excepted property (as defined in the Mortgage) and (ii) such property as may have been released from the Lien thereof in accordance with the terms thereof (such Amended and Restated property which at such time is subject to the Lien of the Mortgage as to be so further amended and supplemented by the Third Supplemental Indenture and the Fourth Supplemental Indenture being hereinafter referred to as the “IndentureMortgaged Property”). The Third Supplemental Indenture and the Fourth Supplemental Indenture shall be substantially in the forms set out in Exhibit A and Exhibit B hereto, respectively, with such changes therefrom, if any, as may be approved by the Purchasers and the Company. The term “Bonds” shall include any such Bonds of the same series and tranche issued in substitution therefor pursuant to the terms and provisions of the Indenture. The Bonds, as applicable, shall be substantially in the respective forms set out in the Third Supplemental Indenture and the Fourth Supplemental Indenture, respectively, with such changes therefrom, if any, as may be approved by the Purchasers and the Company. Certain capitalized and other terms used herein shall have the meaning ascribed to such terms in the Indenture unless otherwise this Agreement are defined in Schedule A to this Agreement or the context hereof shall otherwise requireB; and references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Sources: Bond Purchase Agreement (Empire District Electric Co)

Authorization of Bonds. The Company will authorize the issue and sale of (i) $100,000,000 aggregate principal amount of its 5.18% First Mortgage Bonds, Series 2024A, Tranche A due 2034 (the “Series 2024A Tranche A Bonds”), (ii) $60,000,000 aggregate principal amount of its 5.28% First Mortgage Bonds, Series 2024A5.30% SERIES DUE MARCH 15, Tranche B due 2036 2033 (the “Series 2024A Tranche B Bonds” and together with the Series 2024A Tranche A Bonds, the “Series 2024A 5.30% Bonds”) and (iii) ), $165,000,000 340,000,000 aggregate principal amount of its 5.69% First Mortgage Bonds, Series 2025A5.45% SERIES DUE NOVEMBER 8, Tranche A due 2055 2033 (the “5.45% Bonds”), $75,000,000 aggregate principal amount of its First Mortgage Bonds, 5.55% SERIES DUE NOVEMBER 8, 2038 (the “5.55% Bonds”), $65,000,000 aggregate principal amount of its First Mortgage Bonds, 5.57% SERIES DUE MARCH 15, 2053 (the “5.57% Bonds”) and $110,000,000 aggregate principal amount of its First Mortgage Bonds, 5.72% Series 2025A due NOVEMBER 8, 2053 (the “5.72% Bonds” and together and, collectively with the Series 2024A 5.30% Bonds, the 5.45% Bonds, the 5.55% Bonds and the 5.57% Bonds, the “Bonds”). The Bonds are to will be issued under and will be entitled to the benefit of in accordance with and secured by that certain Amended and Restated Indenture of the Mortgage and Deed of Trust Trust, dated as of January October 1, 20231943 (the “Mortgage and Deed of Trust”), from the Company to The Bank of New York Mellon (as successor to The New York Trust Company), as trustee (the “Trustee”), as amended and supplemented by through the First Supplemental Indenture dated date hereof and as of March 15, 2023 and the Second Supplemental Indenture dated as of October 13, 2023 (the “Amended and Restated Mortgage”) between the Company and Deutsche Bank Trust Company Americas (formerly known as Bankers Trust Company) (the “Trustee”) as to be amended and supplemented by a third supplemental indenture relating to the Series 2024A Bonds (the “Third Supplemental Indenture”) and a fourth supplemental indenture relating to the Series 2025A Bonds (the “Fourth Supplemental Indenture” and, together with the Third Supplemental Indenture, collectively, the “Supplemental Indenture”) (such Amended and Restated Mortgage as to be so further amended and supplemented by the Third Supplemental Indenture Indenture, dated as of March 1, 2023 (the “Supplemental Indenture”), establishing the terms of the Bonds (the Mortgage and the Fourth Supplemental Indenture Deed of Trust, as so amended and supplemented, being hereinafter referred to as called the “IndentureMortgage”). The Third Supplemental Indenture and the Fourth Supplemental Indenture shall be substantially in the forms form set out in Exhibit A and Exhibit B hereto, respectively, with such changes therefrom, if any, as may be approved by the Purchasers and the Company. The term “Bonds” shall include any such Bonds of the same series and tranche issued in substitution therefor pursuant to the terms and provisions of the Indenture. The Bonds, as applicable, shall be substantially in the respective forms set out in the Third Supplemental Indenture and the Fourth Supplemental Indenture, respectively, with such changes therefrom, if any, as may be approved by the Purchasers and the Company. Certain capitalized terms used herein shall have the meaning respective meanings ascribed to such terms in the Indenture Mortgage unless otherwise defined in Schedule A B to this Agreement or the context hereof shall otherwise require; and references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Sources: Bond Purchase Agreement (Delmarva Power & Light Co /De/)

Authorization of Bonds. The Company will authorize the issue and sale of (i) $100,000,000 First Mortgage Bonds, 5.38% Series due May 31, 2035 (herein referred to as the “5.38% Series due May 31, 2035 Bonds”) in an aggregate principal amount of its 5.18$75,000,000, to bear interest at the rate of 5.38% per annum, and to mature on May 31, 2035 and (ii) First Mortgage Bonds, 5.63% Series 2024Adue May 31, Tranche A due 2034 2040 (herein referred to as the “5.63% Series 2024A Tranche A due May 31, 2040 Bonds”), (ii) $60,000,000 in an aggregate principal amount of its 5.28$25,000,000, to bear interest at the rate of 5.63% First Mortgage Bondsper annum, Series 2024Aand to mature on May 31, Tranche B due 2036 2040 (the 5.63% Series due May 31, 2040 Bonds and the 5.38% Series due May 31, 2035 Bonds are collectively referred to as the Series 2024A Tranche B Bonds” and together with the Series 2024A Tranche A Bonds, the “Series 2024A Bonds”) and (iii) $165,000,000 aggregate principal amount of its 5.69% First Mortgage Bonds, Series 2025A, Tranche A due 2055 (the “Series 2025A Bonds” and together with the Series 2024A Bonds, the “Bonds”such term includes any such bonds issued in substitution therefor). The Bonds are to will be issued under and will be entitled to the benefit of and secured by that certain Amended and Restated Indenture of Mortgage and Deed of Trust dated as of January 1, 20231941, from the Company (as successor by merger to the Philadelphia Suburban Water Company), as amended and supplemented by the First Supplemental Indenture dated as grantor, to The Bank of March 15, 2023 and the Second Supplemental Indenture dated as of October 13, 2023 (the “Amended and Restated Mortgage”) between the Company and Deutsche Bank Trust Company Americas (formerly known as Bankers New York Mellon Trust Company) , N.A., as successor trustee (the “Trustee”) (the “Original Indenture”), as to be previously amended and supplemented by a third sixty-two supplemental indenture relating to the Series 2024A Bonds (the “Third Supplemental Indenture”) indentures and a fourth supplemental indenture relating to the Series 2025A Bonds (the “Fourth Supplemental Indenture” and, together with the Third Supplemental Indenture, collectively, the “Supplemental Indenture”) (such Amended and Restated Mortgage as to be so further amended and supplemented by the Sixty-Third Supplemental Indenture and the Fourth dated as of May 1, 2025 (such Sixty-Third Supplemental Indenture being hereinafter referred to herein as the “IndentureSupplement). The Third Supplemental Indenture and the Fourth Supplemental Indenture shall ) which will be substantially in the forms set out in form attached hereto as Exhibit A and Exhibit B hereto, respectivelyA, with such changes therefromtherein, if any, as may shall be approved by the Purchasers and the Company. The term “Bonds” shall include any such Bonds of the same series and tranche issued in substitution therefor pursuant to the terms and provisions of the Original Indenture. The Bonds, as applicable, shall be substantially in supplemented and amended by the respective forms set out in the Third Supplemental Indenture aforementioned sixty-two supplemental indentures and the Fourth Supplemental Supplement, and as further supplemented or amended according to its terms, is hereinafter referred to as the “Indenture, respectively, with such changes therefrom, if any, as may be approved by the Purchasers and the Company. Certain capitalized and other terms used herein shall have the meaning ascribed to such terms in the Indenture unless otherwise this Agreement are defined in Schedule A to this Agreement or the context hereof shall otherwise requireB; and references to a “Schedule” or an “Exhibit” are, unless otherwise specified, 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. Aqua Pennsylvania, Inc. Bond Purchase Agreement

Appears in 1 contract

Sources: Bond Purchase Agreement (Essential Utilities, Inc.)

Authorization of Bonds. The Company has authorized and will authorize the issue and sale create a series of (i) $100,000,000 its first mortgage bonds in an aggregate principal amount of its 5.18$145,000,000 (the “Series 2019A Bonds”) to be issued in four Tranches as follows: (a) 2.84% First Mortgage Bonds, Series 2024A2019A-1, Tranche A due 2034 September 27, 2029 in the aggregate principal amount of $40,000,000 (the “Series 2024A Tranche A 2019A-1 Bonds”), ; (iib) $60,000,000 aggregate principal amount of its 5.282.84% First Mortgage Bonds, Series 2024A2019A-2, Tranche B due 2036 October 29, 2029 in the aggregate principal amount of $35,000,000 (the “Series 2024A Tranche B Bonds” and together with the Series 2024A Tranche A Bonds, the “Series 2024A 2019A-2 Bonds”); (c) and (iii) $165,000,000 aggregate principal amount of its 5.692.94% First Mortgage Bonds, Series 2025A2019A-3, Tranche A due 2055 November 26, 2031 in the aggregate principal amount of $25,000,000 (the “Series 2025A 2019A-3 Bonds”); and (d) 2.94% First Mortgage Bonds, Series 2019A-4, due December 27, 2031 in the aggregate principal amount of $45,000,000 (the “Series 2019A-4 Bonds”; and together with the Series 2024A 2019A-1 Bonds, the Series 2019A-2 Bonds, and the Series 2019A-3 Bonds, the “Bonds”). The Bonds are to will be issued under and will be entitled to the benefit of and secured by that certain Amended and Restated First Mortgage Indenture of Mortgage and Deed of Trust dated as of January 1July 2, 20232018 (the “Original Indenture”), between the Company and Wilmington Trust, National Association, as amended and Trustee (the “Trustee”), as supplemented by the First Supplemental Indenture dated as of March 15December 20, 2023 2018 (the “First Supplement”) and the as further supplemented by that certain Second Supplemental Indenture dated as of October 13September 27, 2023 (the “Amended and Restated Mortgage”) between the Company and Deutsche Bank Trust Company Americas (formerly known as Bankers Trust Company) (the “Trustee”) as to be amended and supplemented by a third supplemental indenture relating to the Series 2024A Bonds (the “Third Supplemental Indenture”) and a fourth supplemental indenture relating to the Series 2025A Bonds (the “Fourth Supplemental Indenture” and, together with the Third Supplemental Indenture, collectively, the “Supplemental Indenture”) 2019 (such Amended and Restated Mortgage as to be so further amended and supplemented by the Third Supplemental Indenture and the Fourth Second Supplemental Indenture being hereinafter referred to herein as the “IndentureSecond Supplement”). The Third Supplemental Indenture and the Fourth Supplemental Indenture shall , which will be substantially in the forms set out in form attached hereto as Exhibit A. The Original Indenture as so amended and supplemented, and as further supplemented and amended according to its terms, is herein called the “Indenture.” A and Exhibit B hereto, respectively, with such changes therefrom, if any, as may be approved by copy of the Purchasers and the CompanyOriginal Indenture has been delivered to you. The term “Bonds” Bonds shall include any such be issuable in fully registered form only. The Series 2019A‑1 Bonds shall mature on September 27, 2029, shall bear interest at the rate of 2.84% per annum payable semiannually, on March 27 and September 27 of each year and at maturity, commencing on March 27, 2020, shall be subject to redemption as provided in the same series Indenture or this Agreement, and tranche issued shall be in substitution therefor the form established pursuant to the terms and provisions of the Indenture. The BondsSeries 2019A‑2 Bonds shall mature on October 29, as applicable2029, shall bear interest at the rate of 2.84% per annum payable semiannually, on April 29 and October 29 of each year and at maturity, commencing on April 29, 2020, shall be substantially in the respective forms set out in the Third Supplemental Indenture and the Fourth Supplemental Indenture, respectively, with such changes therefrom, if any, subject to redemption as may be approved by the Purchasers and the Company. Certain capitalized terms used herein shall have the meaning ascribed to such terms provided in the Indenture unless otherwise or this Agreement, and shall be in the form established pursuant to the Indenture. The Series 2019A‑3 Bonds shall mature on November 26, 2031, shall bear interest at the rate of 2.94% per annum payable semiannually, on May 26 and November 26 of each year and at maturity, commencing on May 26, 2020, shall be subject to redemption as provided in the Indenture or this Agreement, and shall be in the form established pursuant to the Indenture. The Series 2019A‑4 Bonds shall mature on December 27, 2031, shall bear interest at the rate of 2.94% per annum payable semiannually, on June 27 and December 27 of each year and at maturity, commencing on June 27, 2020, shall be subject to redemption as provided in the Indenture or this Agreement, and shall be in the form established pursuant to the Indenture. As permitted by the Indenture, the Bonds originally issued to you thereunder shall be dated, and bear interest from, the date of their original issue on the date of the applicable Closing. Schedule B (to Bond Purchase Agreement) Certain capitalized and other terms used in this Agreement are defined in Schedule A to this Agreement or the context hereof shall otherwise requireB; and references to a “Schedule” or an “Exhibit” are, unless otherwise specified, 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.

Appears in 1 contract

Sources: Bond Purchase Agreement (South Jersey Industries Inc)

Authorization of Bonds. The Company will authorize the issue and sale of (i) $100,000,000 First Mortgage Bonds, 5.48% Series due August 1, 2053 (herein referred to as the “5.48% Series due August 1, 2053 Bonds”) in an aggregate principal amount of its 5.18$175,000,000, to bear interest at the rate of 5.48% per annum, and to mature on August 1, 2053 and (ii) First Mortgage Bonds, 5.56% Series 2024Adue August 1, Tranche A due 2034 2061 (herein referred to as the “5.56% Series 2024A Tranche A due August 1, 2061 Bonds”), (ii) $60,000,000 in an aggregate principal amount of its 5.28$50,000,000, to bear interest at the rate of 5.56% First Mortgage Bondsper annum, Series 2024Aand to mature on August 1, Tranche B due 2036 2061 (the 5.56% Series due August 1, 2061 Bonds and the 5.48% Series due August 1, 2053 Bonds are collectively referred to as the Series 2024A Tranche B Bonds” and together with the Series 2024A Tranche A Bonds, the “Series 2024A Bonds”) and (iii) $165,000,000 aggregate principal amount of its 5.69% First Mortgage Bonds, Series 2025A, Tranche A due 2055 (the “Series 2025A Bonds” and together with the Series 2024A Bonds, the “Bonds”such term includes any such bonds issued in substitution therefor). The Bonds are to will be issued under and will be entitled to the benefit of and secured by that certain Amended and Restated Indenture of Mortgage and Deed of Trust dated as of January 1, 20231941, from the Company (as successor by merger to the Philadelphia Suburban Water Company), as amended and supplemented by the First Supplemental Indenture dated as grantor, to The Bank of March 15, 2023 and the Second Supplemental Indenture dated as of October 13, 2023 (the “Amended and Restated Mortgage”) between the Company and Deutsche Bank Trust Company Americas (formerly known as Bankers New York Mellon Trust Company) , N.A., as successor trustee (the “Trustee”) (the “Original Indenture”), as to be previously amended and supplemented by a third sixty-one supplemental indenture relating to the Series 2024A Bonds (the “Third Supplemental Indenture”) indentures and a fourth supplemental indenture relating to the Series 2025A Bonds (the “Fourth Supplemental Indenture” and, together with the Third Supplemental Indenture, collectively, the “Supplemental Indenture”) (such Amended and Restated Mortgage as to be so further amended and supplemented by the Third Sixty-second Supplemental Indenture dated as of July 27, 2023 and the Fourth effective as of August 1, 2023 (such Sixty-second Supplemental Indenture being hereinafter referred to herein as the “IndentureSupplement). The Third Supplemental Indenture and the Fourth Supplemental Indenture shall ) which will be substantially in the forms set out in form attached hereto as Exhibit A and Exhibit B hereto, respectivelyA, with such changes therefromtherein, if any, as may shall be approved by the Purchasers and the Company. The term “Bonds” shall include any such Bonds of the same series and tranche issued in substitution therefor pursuant to the terms and provisions of the Original Indenture. The Bonds, as applicable, shall be substantially in supplemented and amended by the respective forms set out in the Third Supplemental Indenture aforementioned sixty supplemental indentures and the Fourth Supplemental Supplement, and as further supplemented or amended according to its terms, is hereinafter referred to as the “Indenture, respectively, with such changes therefrom, if any, as may be approved by the Purchasers and the Company. Certain capitalized and other terms used herein shall have the meaning ascribed to such terms in the Indenture unless otherwise this Agreement are defined in Schedule A to this Agreement or the context hereof shall otherwise requireB; and references to a “Schedule” or an “Exhibit” are, unless otherwise specified, 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.

Appears in 1 contract

Sources: Bond Purchase Agreement (Essential Utilities, Inc.)

Authorization of Bonds. The Company will authorize the issue and sale of (i) $100,000,000 aggregate principal amount of its 5.185.09% First Mortgage Bonds, Series 2024A2025B, Tranche A due 2034 2031 (the “Series 2024A 2025B Tranche A Bonds”), (ii) $60,000,000 105,000,000 aggregate principal amount of its 5.285.52% First Mortgage Bonds, Series 2024A2025B, Tranche B due 2036 2035 (the “Series 2024A 2025B Tranche A Bonds” and together with the Series 2025B Tranche A Bonds, the “Series 2025B Bonds”), (iii) $45,000,000 aggregate principal amount of its 5.77% First Mortgage Bonds, Series 2025C, Tranche A due 2040 (the “Series 2025C Tranche A Bonds”) and (iv) $100,000,000 aggregate principal amount of its 6.18% First Mortgage Bonds, Series 2025C, Tranche B due 2055 (the “Series 2025C Tranche B Bonds” and together with the Series 2024A 2025C Tranche A Bonds, the “Series 2024A Bonds”) and (iii) $165,000,000 aggregate principal amount of its 5.69% First Mortgage Bonds, Series 2025A, Tranche A due 2055 (the “Series 2025A 2025C Bonds” and together with the Series 2024A 2025B Bonds, the “Bonds”). The Bonds are to be issued under and will be entitled to the benefit of and secured by that certain Amended and Restated Indenture of Mortgage and Deed of Trust dated as of January 1, 2023, as amended and supplemented by the First Supplemental Indenture dated as of March 15, 2023 and 2023, the Second Supplemental Indenture dated as of October 13, 2023 2023, the Third Supplemental Indenture dated as of August 29, 2024 and the Fourth Supplemental Indenture dated as of January 31, 2025 (the “Amended and Restated Mortgage”) between the Company and Deutsche Bank Trust Company Americas (formerly known as Bankers Trust Company) (the “Trustee”) as to be amended and supplemented by a third fifth supplemental indenture relating to the Series 2024A 2025B Bonds (the “Third Fifth Supplemental Indenture”) and a fourth sixth supplemental indenture relating to the Series 2025A 2025C Bonds (the “Fourth Sixth Supplemental Indenture” and, together with the Third Fifth Supplemental Indenture, collectively, the “Supplemental Indenture”) (such Amended and Restated Mortgage as to be so further amended and supplemented by the Third Fifth Supplemental Indenture and the Fourth Sixth Supplemental Indenture being hereinafter referred to as the “Indenture”). The Third Fifth Supplemental Indenture and the Fourth Supplemental Indenture shall be substantially in the forms set out in Exhibit A and Exhibit B hereto, respectively, with such changes therefrom, if any, as may be approved by the Purchasers and the Company. The term “Bonds” shall include any such Bonds of the same series and tranche issued in substitution therefor pursuant to the terms and provisions of the Indenture. The Bonds, as applicable, shall be substantially in the respective forms set out in the Third Supplemental Indenture and the Fourth Supplemental Indenture, respectively, with such changes therefrom, if any, as may be approved by the Purchasers and the Company. Certain capitalized terms used herein shall have the meaning ascribed to such terms in the Indenture unless otherwise defined in Schedule A to this Agreement or the context hereof shall otherwise require; and references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.Sixth

Appears in 1 contract

Sources: Bond Purchase Agreement (Centerpoint Energy Inc)

Authorization of Bonds. The Company will authorize the issue and sale of (i) $100,000,000 First Mortgage Bonds, 3.39% Series due 2052 (herein referred to as the “3.39% Series due 2052 Bonds”) in an aggregate principal amount of its 5.18$75,000,000, to bear interest at the rate of 3.39% per annum, and to mature on January 1, 2052 and (ii) First Mortgage Bonds, 3.41% Series 2024A, Tranche A due 2034 2053 (herein referred to as the “3.41% Series 2024A Tranche A due 2053 Bonds”), (ii) $60,000,000 in an aggregate principal amount of its 5.28$50,000,000, to bear interest at the rate of 3.41% First Mortgage Bondsper annum, Series 2024Aand to mature on January 1, Tranche B due 2036 2053 (the 3.39% Series due 2052 Bonds and the 3.41% Series due 2053 Bonds are collectively referred to as the Series 2024A Tranche B Bonds” and together with the Series 2024A Tranche A Bonds, the “Series 2024A Bonds”) and (iii) $165,000,000 aggregate principal amount of its 5.69% First Mortgage Bonds, Series 2025A, Tranche A due 2055 (the “Series 2025A Bonds” and together with the Series 2024A Bonds, the “Bonds”such term includes any such bonds issued in substitution therefor). The Bonds are to will be issued under and will be entitled to the benefit of and secured by that certain Amended and Restated Indenture of Mortgage and Deed of Trust dated as of January 1, 20231941, from the Company (as successor by merger to the Philadelphia Suburban Water Company), as amended and supplemented by the First Supplemental Indenture dated as grantor, to The Bank of March 15, 2023 and the Second Supplemental Indenture dated as of October 13, 2023 (the “Amended and Restated Mortgage”) between the Company and Deutsche Bank Trust Company Americas (formerly known as Bankers New York Mellon Trust Company) , N.A., as successor trustee (the “Trustee”) (the “Original Indenture”), as to be previously amended and supplemented by a third fifty-six supplemental indenture relating to the Series 2024A Bonds (the “Third Supplemental Indenture”) indentures and a fourth supplemental indenture relating to the Series 2025A Bonds (the “Fourth Supplemental Indenture” and, together with the Third Supplemental Indenture, collectively, the “Supplemental Indenture”) (such Amended and Restated Mortgage as to be so further amended and supplemented by the Third Fifty-seventh Supplemental Indenture and the Fourth dated as of November 1, 2019 (such Fifty-seventh Supplemental Indenture being hereinafter referred to herein as the “IndentureSupplement). The Third Supplemental Indenture and the Fourth Supplemental Indenture shall ) which will be substantially in the forms set out in form attached hereto as Exhibit A and Exhibit B hereto, respectivelyA, with such changes therefromtherein, if any, as may shall be approved by the Purchasers and the Company. The term “Bonds” shall include any such Bonds of the same series and tranche issued in substitution therefor pursuant to the terms and provisions of the Original Indenture. The Bonds, as applicable, shall be substantially in supplemented and amended by the respective forms set out in the Third Supplemental Indenture aforementioned fifty-six supplemental indentures and the Fourth Supplemental Supplement, and as further supplemented or amended according to its terms, is hereinafter referred to as the “Indenture, respectively, with such changes therefrom, if any, as may be approved by the Purchasers and the Company. Certain capitalized and other terms used herein shall have the meaning ascribed to such terms in the Indenture unless otherwise this Agreement are defined in Schedule A to this Agreement or the context hereof shall otherwise requireB; and references to a “Schedule” or an “Exhibit” are, unless otherwise specified, 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.

Appears in 1 contract

Sources: Bond Purchase Agreement (Essential Utilities, Inc.)

Authorization of Bonds. The Company will authorize the issue and sale of $85,000,000 aggregate principal amount of its First Mortgage Bonds, 5.30% Series due March 15, 2033 (i) the “5.30% Bonds”), $100,000,000 aggregate principal amount of its 5.18% First Mortgage Bonds, 5.35% Series 2024Adue September 13, Tranche A due 2034 2033 (the “Series 2024A Tranche A 5.35% Bonds”), (ii) $60,000,000 40,000,000 aggregate principal amount of its 5.28% First Mortgage Bonds, 5.40% Series 2024Adue March 15, Tranche B due 2036 2038 (the “Series 2024A Tranche B Bonds” and together with the Series 2024A Tranche A Bonds, the “Series 2024A 5.40% Bonds”) and (iii) $165,000,000 125,000,000 aggregate principal amount of its 5.69% First Mortgage Bonds, 5.57% Series 2025Adue March 15, Tranche A due 2055 2053 (the “Series 2025A 5.57% Bonds” and together and, collectively with the Series 2024A 5.30% Bonds, the 5.35% Bonds and the 5.40% Bonds, the “Bonds”). The Bonds are to will be issued under and will be entitled to the benefit of in accordance with and secured by that certain Amended and Restated Indenture of the Mortgage and Deed of Trust Trust, dated as of January July 1, 20231936 (the “Mortgage and Deed of Trust”), from the Company to The Bank of New York Mellon (as successor to The ▇▇▇▇▇ National Bank of Washington, D.C.), as trustee (the “Trustee”), as amended and supplemented by through the First Supplemental Indenture dated date hereof and as of March 15, 2023 and the Second Supplemental Indenture dated as of October 13, 2023 (the “Amended and Restated Mortgage”) between the Company and Deutsche Bank Trust Company Americas (formerly known as Bankers Trust Company) (the “Trustee”) as to be amended and supplemented by a third supplemental indenture relating to the Series 2024A Bonds (the “Third Supplemental Indenture”) and a fourth supplemental indenture relating to the Series 2025A Bonds (the “Fourth Supplemental Indenture” and, together with the Third Supplemental Indenture, collectively, the “Supplemental Indenture”) (such Amended and Restated Mortgage as to be so further amended and supplemented by the Third Supplemental Indenture Indenture, dated as of March 1, 2023 (the “Supplemental Indenture”), establishing the terms of the Bonds (the Mortgage and the Fourth Supplemental Indenture Deed of Trust, as so amended and supplemented, being hereinafter referred to as called the “IndentureMortgage”). The Third Supplemental Indenture and the Fourth Supplemental Indenture shall be substantially in the forms form set out in Exhibit A and Exhibit B hereto, respectively, with such changes therefrom, if any, as may be approved by the Purchasers and the Company. The term “Bonds” shall include any such Bonds of the same series and tranche issued in substitution therefor pursuant to the terms and provisions of the Indenture. The Bonds, as applicable, shall be substantially in the respective forms set out in the Third Supplemental Indenture and the Fourth Supplemental Indenture, respectively, with such changes therefrom, if any, as may be approved by the Purchasers and the Company. Certain capitalized terms used herein shall have the meaning respective meanings ascribed to such terms in the Indenture Mortgage unless otherwise defined in Schedule A B to this Agreement or the context hereof shall otherwise require; and references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.

Appears in 1 contract

Sources: Bond Purchase Agreement (Delmarva Power & Light Co /De/)

Authorization of Bonds. The Company will authorize the issue and sale of (i) $100,000,000 First Mortgage Bonds, 3.99% Series due 2042 (herein referred to as the “3.99% Series due 2042 Bonds”) in an aggregate principal amount of its 5.18$25,000,000, to bear interest at the rate of 3.99% per annum, and to mature on July 15, 2042, (ii) First Mortgage Bonds, 4.04% Series 2024A, Tranche A due 2034 2045 (herein referred to as the “4.04% Series 2024A Tranche A due 2045 Bonds”), (ii) $60,000,000 in an aggregate principal amount of its 5.28$10,000,000, to bear interest at the rate of 4.04% per annum, and to mature on July 15, 2045, and (iii) First Mortgage Bonds, 4.09% Series 2024A, Tranche B due 2036 2048 (herein referred to as the “4.09% Series 2024A Tranche B Bonds” and together with the Series 2024A Tranche A Bonds, the “Series 2024A due 2048 Bonds”) and (iii) $165,000,000 in an aggregate principal amount of its 5.69$65,000,000, to bear interest at the rate of 4.09% First Mortgage per annum, and to mature on July 15, 2048 (the 3.99% Series due 2042 Bonds, the 4.04% Series 2025Adue 2045 Bonds, Tranche A and the 4.09% Series due 2055 (2048 Bonds are collectively referred to as the “Series 2025A Bonds” and together with the Series 2024A Bonds, the “Bonds”such term includes any such bonds issued in substitution therefor). The Bonds are to will be issued under and will be entitled to the benefit of and secured by that certain Amended and Restated Indenture of Mortgage and Deed of Trust dated as of January 1, 20231941, from the Company (as successor by merger to the Philadelphia Suburban Water Company), as amended and supplemented by the First Supplemental Indenture dated as grantor, to The Bank of March 15, 2023 and the Second Supplemental Indenture dated as of October 13, 2023 (the “Amended and Restated Mortgage”) between the Company and Deutsche Bank Trust Company Americas (formerly known as Bankers New York Mellon Trust Company) , N.A., as successor trustee (the “Trustee”) (the “Original Indenture”), as to be previously amended and supplemented by a third fifty-two supplemental indenture relating to the Series 2024A Bonds (the “Third Supplemental Indenture”) indentures and a fourth supplemental indenture relating to the Series 2025A Bonds (the “Fourth Supplemental Indenture” and, together with the Third Supplemental Indenture, collectively, the “Supplemental Indenture”) (such Amended and Restated Mortgage as to be so further amended and supplemented by the Third Fifty-third Supplemental Indenture and the Fourth dated as of June 1, 2018 (such Fifty-third Supplemental Indenture being hereinafter referred to herein as the “IndentureSupplement). The Third Supplemental Indenture and the Fourth Supplemental Indenture shall ) which will be substantially in the forms set out in form attached hereto as Exhibit A and Exhibit B hereto, respectivelyA, with such changes therefromtherein, if any, as may shall be approved by the Purchasers and the Company. The term “Bonds” shall include any such Bonds of the same series and tranche issued in substitution therefor pursuant to the terms and provisions of the Original Indenture. The Bonds, as applicable, shall be substantially in supplemented and amended by the respective forms set out in the Third Supplemental Indenture aforementioned fifty-two supplemental indentures and the Fourth Supplemental Supplement, and as further supplemented or amended according to its terms, is hereinafter referred to as the “Indenture, respectively, with such changes therefrom, if any, as may be approved by the Purchasers and the Company. Certain capitalized and other terms used herein shall have the meaning ascribed to such terms in the Indenture unless otherwise this Agreement are defined in Schedule A to this Agreement or the context hereof shall otherwise requireB; and references to a “Schedule” or an “Exhibit” are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement.and

Appears in 1 contract

Sources: Bond Purchase Agreement (Aqua America Inc)