UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): June 18, 2018
DUKE ENERGY FLORIDA, LLC
(Exact Name of Registrant as Specified in its Charter)
Florida |
|
001-3274 |
|
59-0247770 |
(State or Other Jurisdiction
|
|
(Commission
|
|
(IRS Employer
|
299 First Avenue North, St. Petersburg, Florida 33701
(Address of Principal Executive Offices, including Zip Code)
(704) 382-3853
(Registrants telephone number, including area code)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
o Emerging growth company
¨ If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.
Item 8.01. Other Events.
On June 21, 2018, Duke Energy Florida, LLC (the Company) consummated the issuance and sale of the securities described below pursuant to an underwriting agreement, dated June 18, 2018 (the Underwriting Agreement), with Barclays Capital Inc., BNP Paribas Securities Corp., PNC Capital Markets LLC, SMBC Nikko Securities America, Inc. and SunTrust Robinson Humphrey, Inc., as representatives of the several underwriters named therein (the Underwriters), pursuant to which the Company agreed to issue and sell to the Underwriters $600,000,000 aggregate principal amount of the Companys First Mortgage Bonds, 3.80% Series due 2028 and $400,000,000 aggregate principal amount of the Companys First Mortgage Bonds, 4.20% Series due 2048 (collectively, the Mortgage Bonds). The Mortgage Bonds were sold to the Underwriters at discounts to their principal amounts. The Mortgage Bonds were issued under the Indenture, dated as of January 1, 1944, as amended and supplemented from time to time, including by the Fifty-Fifth Supplemental Indenture (the Supplemental Indenture), dated as of June 1, 2018, each between the Company and The Bank of New York Mellon, as successor Trustee, relating to the Mortgage Bonds (collectively, the Mortgage). The disclosure in this Item 8.01 is qualified in its entirety by the provisions of the Mortgage, the Supplemental Indenture, which is filed as Exhibit 4.1 hereto, and the Underwriting Agreement, which is filed as Exhibit 99.1 hereto. Such exhibits are incorporated herein by reference. Also, in connection with the issuance and sale of the Mortgage Bonds, the Company is filing a legal opinion regarding the validity of the Mortgage Bonds as Exhibit 5.1 to this Form 8-K for the purpose of incorporating the opinion into the Companys Registration Statement on Form S-3, as amended, No. 333-213765-04.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits
Exhibit |
|
Description |
|
|
|
Exhibit 4.1 |
|
Fifty-Fifth Supplemental Indenture, dated as of June 1, 2018, between the Company and The Bank of New York Mellon, as successor Trustee |
|
|
|
Exhibit 5.1 |
|
Opinion regarding validity of the Mortgage Bonds |
|
|
|
Exhibit 23.1 |
|
Consent (included as part of Exhibit 5.1) |
|
|
|
Exhibit 99.1 |
|
Underwriting Agreement, dated June 18, 2018, among the Company and Barclays Capital Inc., BNP Paribas Securities Corp., PNC Capital Markets LLC, SMBC Nikko Securities America, Inc. and SunTrust Robinson Humphrey, Inc., as representatives of the several underwriters named therein |
SIGNATURE
Pursuant to the requirements of the Securities and Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
|
DUKE ENERGY FLORIDA, LLC |
||
|
|
||
Date: June 21, 2018 |
By: |
/s/ Robert T. Lucas III, Esq. |
|
|
|
Name: |
Robert T. Lucas III, Esq. |
|
|
Title: |
Assistant Secretary |
This instrument was prepared
under the supervision of:
Dianne M. Triplett, Deputy General Counsel
Duke Energy Business Services LLC
550 S. Tryon Street
Charlotte, North Carolina 28202
DUKE ENERGY FLORIDA, LLC
TO
THE BANK OF NEW YORK MELLON, TRUSTEE
FIFTY-FIFTH
SUPPLEMENTAL INDENTURE
Dated as of June 1, 2018
This is a security agreement covering personal property as
well as a mortgage upon real estate and other property.
SUPPLEMENT TO INDENTURE
DATED AS OF JANUARY 1, 1944, AS SUPPLEMENTED
NOTE TO RECORDER: |
|
Nonrecurring Intangible Taxes and Documentary Stamp Taxes have been collected by the Pinellas County Circuit Court Clerk. With respect to the Nonrecurring Intangible Taxes due, the Intangible Tax Base was calculated in compliance with Subsections (1) and (2) of Section 199.133 of the Florida Statutes and is $82,100,000. |
TABLE OF CONTENTS*
|
Page |
|
|
RECITALS |
1 |
|
|
Granting Language |
4 |
|
|
ARTICLE I |
|
|
|
THE NEW SERIES BONDS |
5 |
|
|
A. CREATION OF FIRST MORTGAGE BONDS, 3.80% SERIES DUE 2028 |
5 |
|
|
B. CREATION OF FIRST MORTGAGE BONDS, 4.20% SERIES DUE 2048 |
9 |
|
|
C. FORM OF THE NEW SERIES BONDS |
13 |
|
|
D. INTEREST ON THE NEW SERIES BONDS |
20 |
|
|
ARTICLE II |
|
|
|
ADDITIONAL COVENANTS |
21 |
|
|
ARTICLE III |
|
|
|
SUNDRY PROVISIONS |
21 |
|
|
EXHIBIT: |
|
|
|
Exhibit ARecording Information |
A-1 |
* The headings listed in this Table of Contents are for convenience only and should not be included for substantive purposes as part of this Supplemental Indenture.
RECITALS
SUPPLEMENTAL INDENTURE , dated as of the 1st day of June 2018, made and entered into by and between DUKE ENERGY FLORIDA, LLC , a limited liability company of the State of Florida (hereinafter sometimes called the Company), party of the first part, and THE BANK OF NEW YORK MELLON (formerly known of record as The Bank of New York), a New York banking corporation, whose post office address is 101 Barclay Street, New York, New York 10286, as successor trustee (hereinafter sometimes called the Trustee), party of the second part.
WHEREAS , the Company has heretofore executed and delivered an indenture of mortgage and deed of trust, titled the Indenture, dated as of January 1, 1944, and the same has been recorded in the public records and on the dates listed on Exhibit A hereto, and for the purpose of preventing the extinguishment of said Indenture under Chapter 712, Florida Statutes, the above-referred-to Indenture applicable to each county in which this instrument is recorded is hereby incorporated herein and made a part hereof by this reference thereto (said Indenture is hereinafter referred to as the Original Indenture and with the below-mentioned fifty-four Supplemental Indentures and this Supplemental Indenture and all other indentures, if any, supplemental to the Original Indenture collectively referred to as the Indenture), in and by which the Company conveyed and mortgaged to the Trustee certain property therein described to secure the payment of all bonds of the Company to be issued thereunder in one or more series; and
WHEREAS , pursuant to and under the terms of the Original Indenture, the Company issued $16,500,000 First Mortgage Bonds, 3 3/8% Series due 1974; and
WHEREAS , subsequent to the date of the execution and delivery of the Original Indenture, the Company has from time to time executed and delivered fifty-four indentures supplemental to the Original Indenture (together with this Supplemental Indenture, collectively, the Supplemental Indentures), providing for the creation of additional series of bonds secured by the Original Indenture and/or for amendment of certain terms and provisions of the Original Indenture and of indentures supplemental thereto, such Supplemental Indentures, and the purposes thereof, being as follows:
|
Providing for: |
|
First
|
|
$4,000,000 First Mortgage Bonds, 2 7/8% Series due 1974 |
Second
|
|
$8,500,000 First Mortgage Bonds, 3 1/4% Series due 1978 |
Third
|
|
$14,000,000 First Mortgage Bonds, 3 3/8% Series due 1981 |
Fourth
|
|
$15,000,000 First Mortgage Bonds, 3 3/8% Series due 1982 |
Fifth
|
|
$10,000,000 First Mortgage Bonds, 3 5/8% Series due 1983 |
Sixth
|
|
$12,000,000 First Mortgage Bonds, 3 1/8% Series due 1984 |
Seventh
|
|
$20,000,000 First Mortgage Bonds, 3 7/8% Series due 1986, and amendment of certain provisions of the Original Indenture |
Eighth
|
|
$25,000,000 First Mortgage Bonds, 4 1/8% Series due 1988, and amendment of certain provisions of the Original Indenture |
Ninth
|
|
$25,000,000 First Mortgage Bonds, 4 3/4% Series due 1990 |
Tenth
|
|
$25,000,000 First Mortgage Bonds, 4 1/4% Series due 1992 |
Eleventh
|
|
$30,000,000 First Mortgage Bonds, 4 5/8% Series due 1995 |
Twelfth
|
|
$25,000,000 First Mortgage Bonds, 4 7/8% Series due 1995 |
|
Providing for: |
|
Thirteenth
|
|
$25,000,000 First Mortgage Bonds, 6 1/8% Series due 1997 |
Fourteenth
|
|
$30,000,000 First Mortgage Bonds, 7% Series due 1998 |
Fifteenth
|
|
$35,000,000 First Mortgage Bonds, 7 7/8% Series due 1999 |
Sixteenth
|
|
Amendment of certain provisions of the Original Indenture |
Seventeenth
|
|
$40,000,000 First Mortgage Bonds, 9% Series due 2000 |
Eighteenth
|
|
$50,000,000 First Mortgage Bonds, 7 3/4% Series due 2001 |
Nineteenth
|
|
$50,000,000 First Mortgage Bonds, 7 3/8% Series due 2002 |
Twentieth
|
|
$50,000,000 First Mortgage Bonds, 7 1/4% Series A due 2002 |
Twenty-First
|
|
$60,000,000 First Mortgage Bonds, 7 3/4% Series due 2003 |
Twenty-Second
|
|
$70,000,000 First Mortgage Bonds, 8% Series A due 2003 |
Twenty-Third
|
|
$80,000,000 First Mortgage Bonds, 8 3/4% Series due 2006 |
Twenty-Fourth
|
|
$40,000,000 First Mortgage Bonds, 6 3/4-6 7/8% Series due 2004-2009 |
Twenty-Fifth
|
|
$100,000,000 First Mortgage Bonds, 13 5/8% Series due 1987 |
Twenty-Sixth
|
|
$100,000,000 First Mortgage Bonds, 13.30% Series A due 1990 |
Twenty-Seventh
|
|
$38,000,000 First Mortgage Bonds, 10-10 1/4% Series due 2000-2010 |
Twenty-Eighth
|
|
$50,000,000 First Mortgage Bonds, 9 1/4% Series A due 1984 |
Twenty-Ninth
|
|
Amendment of certain provisions of the Original Indenture |
Thirtieth
|
|
$100,000,000 First Mortgage Bonds, 13 1/8% Series due 2012 |
Thirty-First
|
|
$150,000,000 First Mortgage Bonds, 8 5/8% Series due 2021 |
Thirty-Second
|
|
$150,000,000 First Mortgage Bonds, 8% Series due 2022 |
Thirty-Third
|
|
$75,000,000 First Mortgage Bonds, 6 1/2% Series due 1999 |
Thirty-Fourth
|
|
$80,000,000 First Mortgage Bonds, 6-7/8% Series due 2008 |
Thirty-Fifth
|
|
$70,000,000 First Mortgage Bonds, 6-1/8% Series due 2003 |
Thirty-Sixth
|
|
$110,000,000 First Mortgage Bonds, 6% Series due 2003 |
Thirty-Seventh
|
|
$100,000,000 First Mortgage Bonds, 7% Series due 2023 |
Thirty-Eighth
|
|
Appointment of First Chicago Trust Company of New York as successor Trustee and resignation of former Trustee and Co-Trustee |
Thirty-Ninth
|
|
$300,000,000 First Mortgage Bonds, 6.650% Series due 2011 |
|
Providing for: |
|
Fortieth
|
|
$240,865,000 First Mortgage Bonds in three series as follows: (i) $108,550,000 Pollution Control Series 2002A Bonds due 2027; (ii) $100,115,000 Pollution Control Series 2002B Bonds due 2022; and (iii) $32,200,000 Pollution Control Series 2002C Bonds due 2018; and reservation of amendment of certain provisions of the Original Indenture |
Forty-First
|
|
$650,000,000 First Mortgage Bonds in two series as follows: (i) $425,000,000 4.80% Series due 2013 and (ii) $225,000,000 5.90% Series due 2033; and reservation of amendment of certain provisions of the Original Indenture |
Forty-Second
|
|
Amendment of certain provisions of the Original Indenture; appointment of Bank One, N.A. as successor Trustee and resignation of former Trustee; and reservation of amendment of certain provisions of the Original Indenture |
Forty-Third
|
|
$300,000,000 First Mortgage Bonds, 5.10% Series due 2015; and reservation of amendment of certain provisions of the Original Indenture |
Forty-Fourth
|
|
Amendment of certain provisions of the Original Indenture |
Forty-Fifth
|
|
$300,000,000 First Mortgage Bonds, 4.50% Series due 2010 |
Forty-Sixth
|
|
$750,000,000 First Mortgage Bonds in two series as follows: (i) $250,000,000 5.80% Series due 2017 and (ii) $500,000,000 6.35% Series due 2037 |
Forty-Seventh
|
|
Appointment of The Bank of New York Mellon as successor Trustee and resignation of former Trustee |
Forty-Eighth
|
|
$1,500,000,000 First Mortgage Bonds in two series as follows: (i) $500,000,000 5.65% Series due 2018 and (ii) $1,000,000,000 6.40% Series due 2038 |
Forty-Ninth
|
|
$600,000,000 First Mortgage Bonds in two series as follows: (i) $250,000,000 4.55% Series due 2020 and (ii) $350,000,000 5.65% Series due 2040 |
Fiftieth
|
|
$300,000,000 First Mortgage Bonds, 3.10% Series due 2021 |
Fifty-First
|
|
$650,000,000 First Mortgage Bonds in two series as follows: (i) $250,000,000 0.65% Series due 2015 and (ii) $400,000,000 3.85% Series due 2042 |
Fifty-Second
|
|
Amendment of certain provisions of the Original Indenture |
Fifty-Third
|
|
$600,000,000 First Mortgage Bonds, 3.40% Series due 2046 |
Fifty-Fourth
|
|
$900,000,000 First Mortgage Bonds in two series as follows: (i) $250,000,000 1.85% Series due 2020 and (ii) $650,000,000 3.20% Series due 2027 |
WHEREAS , such Supplemental Indentures have each been recorded in the public records of the counties listed on Exhibit A hereto, on the dates and in the official record books and at the page numbers listed thereon; and
WHEREAS , the Company converted its form of organization effective August 1, 2015 from a Florida corporation to a Florida limited liability company named Duke Energy Florida, LLC, and evidence of such conversion was recorded in all counties in the State of Florida in which this Supplemental Indenture is to be recorded; and
WHEREAS , subsequent to the date of the execution and delivery of the Fifty-Fourth Supplemental Indenture the Company has purchased, constructed or otherwise acquired certain property hereinafter referred to, and the Company desires by this Supplemental Indenture to confirm the lien of the Original Indenture on such property; and
WHEREAS , pursuant to the Forty-Seventh Supplemental Indenture, JPMorgan Chase Bank, N.A., resigned as Trustee and The Bank of New York Mellon was appointed as the successor Trustee, effective December 13, 2007; and
WHEREAS, The Bank of New York Mellon is eligible and qualified to serve as Trustee under the Indenture; and
WHEREAS , the Company desires by this Supplemental Indenture to create two new series of bonds to be designated as (i) First Mortgage Bonds, 3.80% Series due 2028 (the 2028 Bonds) and (ii) First Mortgage Bonds, 4.20% Series due 2048 (the 2048 Bonds and together with the 2028 Bonds, the New Series Bonds), to be issued under the Original Indenture pursuant to Section 2.01 of the Original Indenture, and also desires to deliver to the Trustee prior to or simultaneously with the authentication and delivery of the initial issue of One Billion Dollars ($1,000,000,000) aggregate principal amount of New Series Bonds, consisting of Six Hundred Million Dollars ($600,000,000) principal amount of the 2028 Bonds and Four Hundred Million Dollars ($400,000,000) principal amount of the 2048 Bonds, pursuant to Section 4.05 of the Original Indenture the documents and instruments required by said section; and
WHEREAS , the Company in the exercise of the powers and authority conferred upon and reserved to it under and by virtue of the Indenture, and pursuant to the resolutions of its Board of Directors (as defined in the Indenture, which definition includes any duly authorized committee of the Board of Directors, including the First Mortgage Bond Indenture Committee of the Board of Directors) has duly resolved and determined to make, execute and deliver to the Trustee a Supplemental Indenture in the form hereof for the purposes herein provided; and
WHEREAS , all conditions and requirements necessary to make this Supplemental Indenture a valid, binding and legal instrument in accordance with its terms have been done, performed and fulfilled, and the execution and delivery hereof have been in all respects duly authorized;
NOW, THEREFORE, THIS SUPPLEMENTAL INDENTURE WITNESSETH : That the Company, in consideration of the premises and of One Dollar ($1.00) and other good and valuable consideration 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 order to secure the payment of both the principal of and interest and premium, if any, on the bonds from time to time issued and to be issued under the Indenture, according to their tenor and effect, does hereby confirm the grant, sale, resale, conveyance, assignment, transfer, mortgage and pledge of the property described in the Original Indenture and the Supplemental Indentures (except such properties or interests therein as may have been released or sold or disposed of in whole or in part as permitted by the provisions of the Original Indenture), and hath granted, bargained, sold, released, conveyed, assigned, transferred, mortgaged, pledged, set over and confirmed, and by these presents doth grant, bargain, sell, release, convey, assign, transfer, mortgage, pledge, set over and confirm unto The Bank of New York Mellon, as Trustee, and to its successors in the trust and to its successors and assigns, forever, all property, real, personal and mixed, tangible and intangible, owned by the Company on the date of the execution of this Supplemental Indenture or which may be hereafter acquired by it, including (but not limited to) all property which it has acquired subsequent to the date of execution of the Fifty-Fourth Supplemental Indenture and situated in the State of Florida (in all cases, except such property as is expressly excepted by the Original Indenture from the lien and operation thereof); and without in any way 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 other 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, facilities for utilization of natural gas, street lighting systems, if any, standards and other equipment incidental thereto, telephone, radio and television systems, microwave systems, facilities for utilization of water, steam heat and hot water plants, if any, all substations, lines, service and supply systems, bridges, culverts, tracks, offices, buildings and other structures and equipment and fixtures thereof; all machinery, engines, boilers, dynamos, electric machines, regulators, meters, transformers, generators, motors, electrical and mechanical appliances, conduits, cables, pipes, fittings, valves and connections, poles (wood, metal and concrete), and transmission lines, wires, cables, conductors, insulators, tools, implements, apparatus, furniture, chattels, and choses in action; all municipal and other franchises, consents, licenses or permits; all lines for the distribution of electric current, gas, steam heat or water for any purpose including towers, poles (wood, metal and concrete), 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 use and occupancy of the same (except as herein or in the Original Indenture or any of the Supplemental Indentures expressly excepted); all the right, title and interest of the Company 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 Original Indenture and said Supplemental Indentures, described.
IT IS HEREBY AGREED by the Company that all the property, rights and franchises acquired by the Company after the date hereof (except any property herein or in the Original Indenture or any of the Supplemental Indentures expressly excepted) shall, subject to the provisions of Section 9.01 of the Original Indenture and to the extent permitted by law, be as fully embraced within the lien hereof as if such property, rights and franchises were now owned by the Company and/or specifically described herein and conveyed hereby.
TOGETHER WITH all and singular the tenements, hereditaments and appurtenances belonging or in any way appertaining to the aforesaid mortgaged property or any part thereof, with the reversion and reversions, remainder and remainders and (subject to the provisions of Section 9.01 of the Original Indenture) the tolls, rents, revenues, issues, earnings, income, product and profits thereof, and all the estate, right, title and interest and claim whatsoever, at law as well as in equity, which the Company now has or may hereafter acquire in and to the aforesaid mortgaged property and every part and parcel thereof.
TO HAVE AND TO HOLD THE SAME unto The Bank of New York Mellon, as Trustee, and its successors in the trust and its assigns forever, but IN TRUST NEVERTHELESS upon the terms and trusts set forth in the Indenture, for the benefit and security of those who shall hold the bonds and coupons issued and to be issued under the Indenture, without preference, priority or distinction as to lien of any of said bonds and coupons over any others thereof by reason or priority in the time of the issue or negotiation thereof, or otherwise howsoever, subject, however, to the provisions of Sections 10.03 and 10.12 of the Original Indenture.
SUBJECT, HOWEVER , to the reservations, exceptions, conditions, limitations and restrictions contained in the several deeds, servitudes and contracts or other instruments through which the Company acquired, and/or claims title to and/or enjoys the use of the aforesaid properties; and subject also to encumbrances of the character defined in the Original Indenture as excepted encumbrances in so far as the same may attach to any of the property embraced herein.
Without derogating from the security and priority presently afforded by the Indenture and by law for all of the bonds of the Company that have been, are being, and may in the future be, issued pursuant to the Indenture, for purposes of obtaining any additional benefits and security provided by Section 697.04 of the Florida Statutes, the following provisions of this paragraph shall be applicable. The Indenture also shall secure the payment of both principal and interest and premium, if any, on the bonds from time to time hereafter issued pursuant to the Indenture, according to their tenor and effect, and the performance and observance of all the provisions of the Indenture (including any indentures supplemental thereto and any modification or alteration thereof made as therein provided), whether the issuance of such bonds may be optional or mandatory, and for any purpose, within twenty (20) years from the date of this Supplemental Indenture. The total amount of indebtedness secured by the Indenture may decrease or increase from time to time, but the total unpaid balance so secured at any one time shall not exceed the maximum principal amount of $10,000,000,000, plus interest and premium, if any, as well as any disbursements made for the payment of taxes, levies or insurance on the property encumbered by the Indenture, with interest on those disbursements, plus any increase in the principal balance as the result of negative amortization or deferred interest. For purposes of Section 697.04 of the Florida Statutes, the Original Indenture, as well as all of the indentures supplemental thereto that have been executed prior to the date of this Supplemental Indenture, are incorporated herein by this reference with the same effect as if they had been set forth in full herein.
And, upon the consideration hereinbefore set forth, the Company does hereby covenant and agree to and with the Trustee and its successors in trust under the Indenture for the benefit of those who shall hold bonds and coupons issued and to be issued under the Indenture, as follows:
ARTICLE I
THE NEW SERIES BONDS
A. CREATION OF FIRST MORTGAGE BONDS, 3.80 % SERIES DUE 2028
Section 1. The Company hereby creates a new series of bonds, not limited in principal amount except as provided in the Original Indenture, to be issued under and secured by the Original Indenture, to be designated by the title First Mortgage Bonds, 3.80% Series due 2028. The initial issue of the 2028 Bonds shall consist of Six Hundred
Million Dollars ($600,000,000) principal amount thereof. Subject to the terms of the Indenture, the principal amount of the 20 28 Bonds is unlimited. The Company may, at its option in the future, issue additional 2028 Bonds.
The 2028 Bonds shall be issued only as registered bonds without coupons in the denomination of Two Thousand Dollars ($2,000) and any integral multiple of One Thousand Dollars ($1,000) above that amount.
Section 2. (a) The 2028 Bonds shall be issued in registered form without coupons and shall be issued initially in the form of one or more Global Bonds (each such Global Bond, a 2028 Global Bond) to or on behalf of The Depository Trust Company (DTC), as depositary therefor (in such capacity, the Depositary), and registered in the name of such Depositary or its nominee. Any 2028 Bonds to be issued or transferred to, or to be held by or on behalf of DTC as such Depositary or such nominee (or any successor of such nominee) for such purpose shall bear the depositary legends in substantially the form set forth at the top of the form of the 2028 Bonds in Section C of this Article I, unless otherwise agreed by the Company, and in the case of a successor Depositary, such legend or legends as such Depositary and/or the Company shall require and to which each shall agree, in each case such agreement to be confirmed in writing to the Trustee. Principal of, and interest on, the 2028 Bonds and the 2028 Bonds Redemption Price (as defined below), if applicable, will be payable, the transfer of the 2028 Bonds will be registrable and the 2028 Bonds will be exchangeable for the 2028 Bonds bearing identical terms and provisions, at the office or agency of the Company in the Borough of Manhattan, The City and State of New York; provided, however, that payment of interest may be made at the option of the Company by check mailed to the registered holders thereof at their registered address; and further provided, however, that with respect to a 2028 Global Bond, the Company may make payments of principal of, and interest on, the 2028 Global Bond and the 2028 Bonds Redemption Price, if applicable, and interest on such 2028 Global Bond pursuant to and in accordance with such arrangements as are agreed upon by the Company and the Depositary for such 2028 Global Bond. The 2028 Bonds shall have the terms set forth in the form of the New Series Bond set forth in Section C of this Article I.
(b) Notwithstanding any other provision of this Subsection A.2 of this Article I or of Section 2.03 of the Original Indenture, except as contemplated by the provisions of paragraph (c) below, a 2028 Global Bond may be transferred, in whole but not in part and in the manner provided in Section 2.03 of the Original Indenture, only to a nominee of the Depositary for such 2028 Global Bond, or to the Depositary, or to a successor Depositary for such 2028 Global Bond selected or approved by the Company, or to a nominee of such successor Depositary.
(c) (1) If at any time the Depositary for a 2028 Global Bond notifies the Company that it is unwilling or unable to continue as the Depositary for such 2028 Global Bond or if at any time the Depositary for a 2028 Global Bond ceases to be a clearing agency registered under the Securities Exchange Act of 1934, as amended, at a time when the Depositary is required to be so registered to act as such Depositary, the Company shall appoint a successor Depositary with respect to such 2028 Global Bond. If a successor Depositary for such 2028 Global Bond is not appointed by the Company within 90 days after the Company receives such notice or becomes aware of such cessation, the Company will execute, and the Trustee, upon receipt of a Company order for the authentication and delivery of 2028 Bonds in the form of definitive certificates in exchange for such 2028 Global Bond, will authenticate and deliver, without service charge, 2028 Bonds in the form of definitive certificates of like tenor and terms in an aggregate principal amount equal to the principal amount of the 2028 Global Bond in exchange for such 2028 Global Bond. Such 2028 Bonds will be issued to and registered in the name of such person or persons as are specified by the Depositary.
(2) The Company may at any time and in its sole discretion (subject to the procedures of the Depositary) determine that any 2028 Bonds issued or issuable in the form of one or more 2028 Global Bonds shall no longer be represented by such 2028 Global Bond or Bonds. In any such event the Company will execute, and the Trustee, upon receipt of a Company order for the authentication and delivery of 2028 Bonds in the form of definitive certificates in exchange in whole or in part for such 2028 Global Bond or Bonds, will authenticate and deliver, without service charge, to each person specified by the Depositary, 2028 Bonds in the form of definitive certificates of like tenor and terms in an aggregate principal amount equal to the principal amount of such 2028 Global Bond or the aggregate principal amount of such 2028 Global Bonds in exchange for such 2028 Global Bond or Bonds.
(3) If at any time a completed default has occurred and is continuing with respect to the 2028 Bonds and beneficial owners of a majority in aggregate principal amount of the 2028 Bonds represented by 2028 Global Bonds advise the Depositary to cease acting as the Depositary, the Company will execute, and the Trustee,
upon receipt of a Company order for the authentication and delivery of 2028 Bonds in the form of definitive certificates in exchange for such 2028 Global Bond, will authenticate and deliver, without service charge, 2028 Bonds in the form of definitive certificates of like tenor and terms in an aggregate principal amount equal to the principal amount of the 2028 Global Bond in exchange for such 2028 Global Bond. Such 2028 Bonds will be issued to and registered in the name of such person or persons as are specified by the Depositary.
(4) In any exchange provided for in any of the preceding three subparagraphs, the Company shall execute and the Trustee shall authenticate and deliver 2028 Bonds in the form of definitive certificates in authorized denominations. Upon the exchange of the entire principal amount of a 2028 Global Bond for 2028 Bonds in the form of definitive certificates, such 2028 Global Bond shall be canceled by the Trustee. Except as provided in the immediately preceding subparagraph, 2028 Bonds issued in exchange for a 2028 Global Bond pursuant to Subsection A.2 of this Article I shall be registered in such names and in such authorized denominations as the Depositary for such 2028 Global Bond, acting pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the Trustee. Provided that the Company and the Trustee have so agreed, the Trustee shall deliver such 2028 Bonds to the persons in whose names the 2028 Bonds are so to be registered.
(5) Any endorsement of a 2028 Global Bond to reflect the principal amount thereof, or any increase or decrease in such principal amount, shall be made in such manner and by such person or persons as shall be specified in or pursuant to any applicable letter of representations or other arrangement entered into with, or procedures of, the Depositary with respect to such 2028 Global Bond or in the Company order delivered or to be delivered pursuant to Section 4.07 of the Original Indenture with respect thereto. Subject to the provisions of Section 4.07 of the Original Indenture, the Trustee shall deliver and redeliver any such 2028 Global Bond in the manner and upon instructions given by the person or persons specified in or pursuant to any applicable letter of representations or other arrangement entered into with, or procedures of, the Depositary with respect to such 2028 Global Bond or in any applicable Company order. If a Company order pursuant to Section 4.07 of the Original Indenture is so delivered, any instructions by the Company with respect to such 2028 Global Bond contained therein shall be in writing but need not be accompanied by or contained in an officers certificate and need not be accompanied by an opinion of counsel.
(6) The Depositary or, if there be one, its nominee, shall be the holder of a 2028 Global Bond for all purposes under the Indenture and the 2028 Bonds and beneficial owners with respect to such 2028 Global Bond shall hold their interests pursuant to applicable procedures of such Depositary. The Company, the Trustee and any bond registrar shall be entitled to deal with such Depositary for all purposes of the Indenture relating to such 2028 Global Bond (including the payment of principal, the 2028 Bonds Redemption Price, if applicable, and interest and the giving of instructions or directions by or to the beneficial owners of such 2028 Global Bond as the sole holder of such 2028 Global Bond and shall have no obligations to the beneficial owners thereof (including any direct or indirect participants in such Depositary)). None of the Company, the Trustee, any paying agent or bond registrar shall have any responsibility or liability for any aspect of the records relating to or payments made on account of beneficial ownership interests of a beneficial owner in or pursuant to any applicable letter of representations or other arrangement entered into with, or procedures of, the Depositary with respect to such 2028 Global Bond or for maintaining, supervising or reviewing any records relating to such beneficial ownership interests.
Section 3. June 21, 2018, shall be the date of the beginning of the first interest period for the 2028 Bonds. The first Interest Payment Date (as defined below) shall be January 15, 2019. The 2028 Bonds shall be dated as provided in Section 2.01 of the Original Indenture. The 2028 Bonds shall be payable on July 15, 2028 in such coin or currency of the United States of America as at the time of payment is legal tender for the payment of public and private debts, and shall bear interest, payable in like coin or currency, at the rate of 3.80% per annum, payable semiannually on January 15 and July 15 of each year (each an Interest Payment Date) to the persons in whose names the 2028 Bonds are registered at the close of business on the tenth calendar day next preceding the Interest Payment Date (i.e., January 5 and July 5, respectively) (each a Regular Record Date), provided, however, that so long as the 2028 Bonds are registered in the name of DTC, its nominee or a successor depository, the Regular Record Date for interest payable on any Interest Payment Date shall be the close of business on the business day immediately preceding such Interest Payment Date (each subject to certain exceptions provided in this Supplemental Indenture and the Indenture), until maturity, according to the terms of the bonds or on prior redemption or by declaration or otherwise, and at the highest rate of interest borne by any of the bonds outstanding under the Indenture from such date of maturity until they shall be paid or payment thereof shall have been duly provided for. Principal of, and
interest on, the 20 28 Bonds and the 2028 Bonds Redemption Price, if applicable, shall be payable at the office or agency of the Company in the Borough of Manhattan, The City of New York; provided, however , that payment of interest may be made, at the option of the Company, by check mailed by the Company or its affiliate to the person entitled thereto at his registered address. If a due date for the payment of interest, principal or the 2028 Bonds Redemption Price, if applicable, falls on a day that is not a business day, then the payment will be made on the next succeeding business day, and no interest will accrue on the amounts payable for the period from and after the original due date and until the next business day. The term business day means any day other than a Saturday or Sunday or day on which banking institutions in The City of New York are required or authorized to close.
At any time before April 15, 2028 (the 2028 Par Call Date), the 2028 Bonds shall be redeemable, in whole or in part and from time to time, at the option of the Company, on any date (a Redemption Date), at a redemption price (the 2028 Bonds Make-Whole Redemption Price) equal to the greater of (i) 100% of the principal amount of the 2028 Bonds being redeemed and (ii) the sum of the present values of the remaining scheduled payments of principal and interest on the 2028 Bonds being redeemed that would be due if the 2028 Bonds matured on the 2028 Par Call Date (exclusive of interest accrued to such Redemption Date), discounted to such Redemption Date on a semi-annual basis (assuming a 360-day year consisting of twelve 30-day months) at the Treasury Rate plus 15 basis points, plus, in either case, accrued and unpaid interest on the principal amount being redeemed to, but excluding, such Redemption Date.
At any time on or after the 2028 Par Call Date, the 2028 Bonds shall be redeemable, in whole or in part and from time to time, at the option of the Company, at a redemption price (together with any 2028 Bonds Make-Whole Redemption Price, each a 2028 Bonds Redemption Price) equal to 100% of the principal amount of the 2028 Bonds being redeemed plus accrued and unpaid interest on the principal amount being redeemed to, but excluding, such Redemption Date.
For purposes of the second preceding paragraph of this Section 3, the following terms have the following meanings:
Comparable Treasury Issue means the United States Treasury security selected by the Quotation Agent as having an actual or interpolated maturity comparable to the remaining term of the 2028 Bonds to be redeemed (assuming, for this purpose, that the 2028 Bonds matured on the 2028 Par Call Date), that would be utilized, at the time of selection and in accordance with customary financial practice, in pricing new issues of corporate debt securities of comparable maturity to the remaining term of the 2028 Bonds.
Comparable Treasury Price means, with respect to any Redemption Date for the 20 28 Bonds, (1) the average of the Reference Treasury Dealer Quotations for such Redemption Date, after excluding the highest and lowest of such Reference Treasury Dealer Quotations, or (2) if the Quotation Agent obtains fewer than four of such Reference Treasury Dealer Quotations, the average of all such Reference Treasury Dealer Quotations as determined by the Company.
Quotation Agent means a Reference Treasury Dealer appointed by the Company.
Reference Treasury Dealer means each of (i) Barclays Capital Inc. and BNP Paribas Securities Corp. and (ii) a Primary Treasury Dealer (as defined below) selected by each of PNC Capital Markets LLC, SMBC Nikko Securities America, Inc. and SunTrust Robinson Humphrey, Inc., or their respective affiliates or successors, each of which is a primary U.S. Government securities dealer in the United States (a Primary Treasury Dealer); provided, however , that if any of the foregoing or their affiliates or successors shall cease to be a Primary Treasury Dealer, the Company shall substitute therefor another Primary Treasury Dealer.
Reference Treasury Dealer Quotations means, with respect to each Reference Treasury Dealer and any Redemption Date for the 20 28 Bonds, the average, as determined by the Quotation Agent, of the bid and asked prices for the Comparable Treasury Issue (expressed in each case as a percentage of its principal amount) quoted in writing to the Quotation Agent by such Reference Treasury Dealer at 5:00 p.m., New York City time, on the third business day preceding such Redemption Date.
Treasury Rate means, with respect to any Redemption Date for the 20 28 Bonds, the rate per annum equal to the semi-annual equivalent yield to maturity or interpolated maturity (on a day count basis) of the Comparable Treasury Issue, assuming a price for the Comparable Treasury Issue (expressed as a percentage of its principal amount) equal to the Comparable Treasury Price for such Redemption Date. The Treasury Rate shall be calculated by the Company on the third business day preceding the Redemption Date.
So long as the 20 28 Bonds are registered in the name of DTC, its nominee or a successor depositary, if the Company elects to redeem less than all of the 2028 Bonds, DTCs practice is to determine by lot the amount of the interest of each Direct Participant in the 2028 Bonds to be redeemed. At all other times, the Trustee shall draw by lot, in such manner as it deems appropriate, the particular 2028 Bonds, or portions of them, to be redeemed.
The 2028 Bonds shall also be redeemable, as a whole but not in part, at the 2028 Bonds Make-Whole Redemption Price in the event that (i) all the outstanding common stock of the Company shall be acquired by some governmental body or instrumentality and the Company elects to redeem all of the bonds of all series, the Redemption Date in any such event to be not more than one hundred twenty (120) days after the date on which all said stock is so acquired, or (ii) all, or substantially all, the mortgaged and pledged property constituting bondable property which at the time shall be subject to the lien of the Indenture as a first lien shall be released from the lien of the Indenture pursuant to the provisions thereof, and available moneys in the hands of the Trustee, including any moneys deposited by the Company available for the purpose, are sufficient to redeem all the bonds of all series at the redemption prices (together with accrued interest to the date of redemption) specified therein applicable to the redemption thereof upon the happening of such event.
Notice of redemption shall be given by mail not less than 30 nor more than 90 days prior to the date fixed for redemption to the holders of 20 28 Bonds to be redeemed (which, as long as the 2028 Bonds are held in the book-entry only system, will be the Depositary, its nominee or a successor depositary). On and after the date fixed for redemption (unless the Company defaults in the payment of the 2028 Bonds Redemption Price and interest accrued thereon to such date), interest on the 2028 Bonds or the portions of them so called for redemption shall cease to accrue. If the Company elects to redeem any 2028 Bonds, the Company will notify the Trustee of its election at least 45 days prior to the Redemption Date for the 2028 Bonds (or a shorter period acceptable to the Trustee). The Company will provide the Trustee a reasonably detailed computation of the 2028 Bonds Redemption Price with such notice (or, if not then known, the manner of calculation, with the actual computation provided by the Company to the Trustee promptly following its computation).
The 20 28 Bonds of the several denominations are exchangeable for a like aggregate principal amount of other 2028 Bonds of other authorized denominations. Notwithstanding the provisions of Section 2.03 of the Original Indenture, for any exchange of the 2028 Bonds for other 2028 Bonds of different authorized denominations, or for any transfer of 2028 Bonds, the Company may require the payment of a sum sufficient to reimburse it for any tax or other governmental charge incident thereto only. The 2028 Bonds may be presented for transfer or exchange at the corporate trust office of the Trustee in New York, New York.
B. CREATION OF FIRST MORTGAGE BONDS, 4.20% SERIES DUE 2048
Section 1. The Company hereby creates a new series of bonds, not limited in principal amount except as provided in the Original Indenture, to be issued under and secured by the Original Indenture, to be designated by the title First Mortgage Bonds, 4.20% Series due 2048. The initial issue of the 2048 Bonds shall consist of Four Hundred Million Dollars ($400,000,000) principal amount thereof. Subject to the terms of the Indenture, the principal amount of the 2048 Bonds is unlimited. The Company may, at its option in the future, issue additional 2048 Bonds.
The 2048 Bonds shall be issued only as registered bonds without coupons in the denomination of Two Thousand Dollars ($2,000) and any integral multiple of One Thousand Dollars ($1,000) above that amount.
Section 2. (a) The 2048 Bonds shall be issued in registered form without coupons and shall be issued initially in the form of one or more Global Bonds (each such Global Bond, a 2048 Global Bond) to or on behalf of The Depository Trust Company (DTC), as depositary therefor (in such capacity, the Depositary), and registered in the name of such Depositary or its nominee. Any 2048 Bonds to be issued or transferred to, or to be held by or on behalf of DTC as such Depositary or such nominee (or any successor of such nominee) for such purpose shall bear
the depositary legends in substantially the form set forth at the top of the form of the 2048 Bonds in Section C of this Article I, unless otherwise agreed by the Company, and in the case of a successor Depositary, such legend or legends as such Depositary and/or the Company shall require and to which each shall agree, in each case such agreement to be confirmed in writing to the Trustee. Principal of, and interest on, the 2048 Bonds and the 2048 Bonds Redemption Price (as defined below), if applicable, will be payable, the transfer of the 2048 Bonds will be registrable and the 2048 Bonds will be exchangeable for the 2048 Bonds bearing identical terms and provisions, at the office or agency of the Company in the Borough of Manhattan, The City and State of New York; provided, however, that payment of interest may be made at the option of the Company by check mailed to the registered holders thereof at their registered address; and further provided, however, that with respect to a 2048 Global Bond, the Company may make payments of principal of, and interest on, the 2048 Global Bond and the 2048 Bonds Redemption Price, if applicable, and interest on such 2048 Global Bond pursuant to and in accordance with such arrangements as are agreed upon by the Company and the Depositary for such 2048 Global Bond. The 2048 Bonds shall have the terms set forth in the form of the New Series Bond set forth in Section C of this Article I.
(b) Notwithstanding any other provision of this Subsection B.2 of this Article I or of Section 2.03 of the Original Indenture, except as contemplated by the provisions of paragraph (c) below, a 2048 Global Bond may be transferred, in whole but not in part and in the manner provided in Section 2.03 of the Original Indenture, only to a nominee of the Depositary for such 2048 Global Bond, or to the Depositary, or to a successor Depositary for such 2048 Global Bond selected or approved by the Company, or to a nominee of such successor Depositary.
(c) (1) If at any time the Depositary for a 2048 Global Bond notifies the Company that it is unwilling or unable to continue as the Depositary for such 2048 Global Bond or if at any time the Depositary for a 2048 Global Bond ceases to be a clearing agency registered under the Securities Exchange Act of 1934, as amended, at a time when the Depositary is required to be so registered to act as such Depositary, the Company shall appoint a successor Depositary with respect to such 2048 Global Bond. If a successor Depositary for such 2048 Global Bond is not appointed by the Company within 90 days after the Company receives such notice or becomes aware of such cessation, the Company will execute, and the Trustee, upon receipt of a Company order for the authentication and delivery of 2048 Bonds in the form of definitive certificates in exchange for such 2048 Global Bond, will authenticate and deliver, without service charge, 2048 Bonds in the form of definitive certificates of like tenor and terms in an aggregate principal amount equal to the principal amount of the 2048 Global Bond in exchange for such 2048 Global Bond. Such 2048 Bonds will be issued to and registered in the name of such person or persons as are specified by the Depositary.
(2) The Company may at any time and in its sole discretion (subject to the procedures of the Depositary) determine that any 2048 Bonds issued or issuable in the form of one or more 2048 Global Bonds shall no longer be represented by such 2048 Global Bond or Bonds. In any such event the Company will execute, and the Trustee, upon receipt of a Company order for the authentication and delivery of 2048 Bonds in the form of definitive certificates in exchange in whole or in part for such 2048 Global Bond or Bonds, will authenticate and deliver, without service charge, to each person specified by the Depositary, 2048 Bonds in the form of definitive certificates of like tenor and terms in an aggregate principal amount equal to the principal amount of such 2048 Global Bond or the aggregate principal amount of such 2048 Global Bonds in exchange for such 2048 Global Bond or Bonds.
(3) If at any time a completed default has occurred and is continuing with respect to the 2048 Bonds and beneficial owners of a majority in aggregate principal amount of the 2048 Bonds represented by 2048 Global Bonds advise the Depositary to cease acting as the Depositary, the Company will execute, and the Trustee, upon receipt of a Company order for the authentication and delivery of 2048 Bonds in the form of definitive certificates in exchange for such 2048 Global Bond, will authenticate and deliver, without service charge, 2048 Bonds in the form of definitive certificates of like tenor and terms in an aggregate principal amount equal to the principal amount of the 2048 Global Bond in exchange for such 2048 Global Bond. Such 2048 Bonds will be issued to and registered in the name of such person or persons as are specified by the Depositary.
(4) In any exchange provided for in any of the preceding three subparagraphs, the Company shall execute and the Trustee shall authenticate and deliver 2048 Bonds in the form of definitive certificates in authorized denominations. Upon the exchange of the entire principal amount of a 2048 Global Bond for 2048 Bonds in the form of definitive certificates, such 2048 Global Bond shall be canceled by the Trustee. Except as provided in the immediately preceding subparagraph, 2048 Bonds issued in exchange for a 2048 Global Bond
pursuant to Subsection B.2 of this Article I shall be registered in such names and in such authorized denominations as the Depositary for such 2048 Global Bond, acting pursuant to instructions from its direct or indirect participants or otherwise, shall instruct the Trustee. Provided that the Company and the Trustee have so agreed, the Trustee shall deliver such 2048 Bonds to the persons in whose names the 2048 Bonds are so to be registered.
(5) Any endorsement of a 2048 Global Bond to reflect the principal amount thereof, or any increase or decrease in such principal amount, shall be made in such manner and by such person or persons as shall be specified in or pursuant to any applicable letter of representations or other arrangement entered into with, or procedures of, the Depositary with respect to such 2048 Global Bond or in the Company order delivered or to be delivered pursuant to Section 4.07 of the Original Indenture with respect thereto. Subject to the provisions of Section 4.07 of the Original Indenture, the Trustee shall deliver and redeliver any such 2048 Global Bond in the manner and upon instructions given by the person or persons specified in or pursuant to any applicable letter of representations or other arrangement entered into with, or procedures of, the Depositary with respect to such 2048 Global Bond or in any applicable Company order. If a Company order pursuant to Section 4.07 of the Original Indenture is so delivered, any instructions by the Company with respect to such 2048 Global Bond contained therein shall be in writing but need not be accompanied by or contained in an officers certificate and need not be accompanied by an opinion of counsel.
(6) The Depositary or, if there be one, its nominee, shall be the holder of a 2048 Global Bond for all purposes under the Indenture and the 2048 Bonds and beneficial owners with respect to such 2048 Global Bond shall hold their interests pursuant to applicable procedures of such Depositary. The Company, the Trustee and any bond registrar shall be entitled to deal with such Depositary for all purposes of the Indenture relating to such 2048 Global Bond (including the payment of principal, the 2048 Bonds Redemption Price, if applicable, and interest and the giving of instructions or directions by or to the beneficial owners of such 2048 Global Bond as the sole holder of such 2048 Global Bond and shall have no obligations to the beneficial owners thereof (including any direct or indirect participants in such Depositary)). None of the Company, the Trustee, any paying agent or bond registrar shall have any responsibility or liability for any aspect of the records relating to or payments made on account of beneficial ownership interests of a beneficial owner in or pursuant to any applicable letter of representations or other arrangement entered into with, or procedures of, the Depositary with respect to such 2048 Global Bond or for maintaining, supervising or reviewing any records relating to such beneficial ownership interests.
Section 3. June 21, 2018, shall be the date of the beginning of the first interest period for the 2048 Bonds. The first Interest Payment Date (as defined below) shall be January 15, 2019. The 2048 Bonds shall be dated as provided in Section 2.01 of the Original Indenture. The 2048 Bonds shall be payable on July 15, 2048 in such coin or currency of the United States of America as at the time of payment is legal tender for the payment of public and private debts, and shall bear interest, payable in like coin or currency, at the rate of 4.20% per annum, payable semiannually on January 15 and July 15 of each year (each an Interest Payment Date) to the persons in whose names the 2048 Bonds are registered at the close of business on the tenth calendar day next preceding the Interest Payment Date (i.e., January 5 and July 5, respectively) (each a Regular Record Date), provided, however, that so long as the 2048 Bonds are registered in the name of DTC, its nominee or a successor depository, the Regular Record Date for interest payable on any Interest Payment Date shall be the close of business on the business day immediately preceding such Interest Payment Date (each subject to certain exceptions provided in this Supplemental Indenture and the Indenture), until maturity, according to the terms of the bonds or on prior redemption or by declaration or otherwise, and at the highest rate of interest borne by any of the bonds outstanding under the Indenture from such date of maturity until they shall be paid or payment thereof shall have been duly provided for. Principal of, and interest on, the 2048 Bonds and the 2048 Bonds Redemption Price, if applicable, shall be payable at the office or agency of the Company in the Borough of Manhattan, The City of New York; provided, however , that payment of interest may be made, at the option of the Company, by check mailed by the Company or its affiliate to the person entitled thereto at his registered address. If a due date for the payment of interest, principal or the 2048 Bonds Redemption Price, if applicable, falls on a day that is not a business day, then the payment will be made on the next succeeding business day, and no interest will accrue on the amounts payable for the period from and after the original due date and until the next business day. The term business day means any day other than a Saturday or Sunday or day on which banking institutions in The City of New York are required or authorized to close.
At any time before January 15, 2048 (the 2048 Par Call Date), the 2048 Bonds shall be redeemable, in whole or in part and from time to time, at the option of the Company, on any date (a Redemption Date), at a redemption price
(the 2048 Bonds Make-Whole Redemption Price) equal to the greater of (i) 100% of the principal amount of the 2048 Bonds being redeemed and (ii) the sum of the present values of the remaining scheduled payments of principal and interest on the 2048 Bonds being redeemed that would be due if the 2048 Bonds matured on the 2048 Par Call Date (exclusive of interest accrued to such Redemption Date), discounted to such Redemption Date on a semi-annual basis (assuming a 360-day year consisting of twelve 30-day months) at the Treasury Rate plus 20 basis points, plus, in either case, accrued and unpaid interest on the principal amount being redeemed to, but excluding, such Redemption Date.
At any time on or after the 2048 Par Call Date, the 2048 Bonds shall be redeemable, in whole or in part and from time to time, at the option of the Company, at a redemption price (together with any 2048 Bonds Make-Whole Redemption Price, each a 2048 Bonds Redemption Price) equal to 100% of the principal amount of the 2048 Bonds being redeemed plus accrued and unpaid interest on the principal amount being redeemed to, but excluding, such Redemption Date.
For purposes of the second preceding paragraph of this Section 3, the following terms have the following meanings:
Comparable Treasury Issue means the United States Treasury security selected by the Quotation Agent as having an actual or interpolated maturity comparable to the remaining term of the 2048 Bonds to be redeemed (assuming, for this purpose, that the 2048 Bonds matured on the 2048 Par Call Date), that would be utilized, at the time of selection and in accordance with customary financial practice, in pricing new issues of corporate debt securities of comparable maturity to the remaining term of the 2048 Bonds.
Comparable Treasury Price means, with respect to any Redemption Date for the 2048 Bonds, (1) the average of the Reference Treasury Dealer Quotations for such Redemption Date, after excluding the highest and lowest of such Reference Treasury Dealer Quotations, or (2) if the Quotation Agent obtains fewer than four of such Reference Treasury Dealer Quotations, the average of all such Reference Treasury Dealer Quotations as determined by the Company.
Quotation Agent means a Reference Treasury Dealer appointed by the Company.
Reference Treasury Dealer means each of (i) Barclays Capital Inc. and BNP Paribas Securities Corp. and (ii) a Primary Treasury Dealer (as defined below) selected by each of PNC Capital Markets LLC, SMBC Nikko Securities America, Inc. and SunTrust Robinson Humphrey, Inc., or their respective affiliates or successors, each of which is a primary U.S. Government securities dealer in the United States (a Primary Treasury Dealer); provided, however , that if any of the foregoing or their affiliates or successors shall cease to be a Primary Treasury Dealer, the Company shall substitute therefor another Primary Treasury Dealer.
Reference Treasury Dealer Quotations means, with respect to each Reference Treasury Dealer and any Redemption Date for the 2048 Bonds, the average, as determined by the Quotation Agent, of the bid and asked prices for the Comparable Treasury Issue (expressed in each case as a percentage of its principal amount) quoted in writing to the Quotation Agent by such Reference Treasury Dealer at 5:00 p.m., New York City time, on the third business day preceding such Redemption Date.
Treasury Rate means, with respect to any Redemption Date for the 2048 Bonds, the rate per annum equal to the semi-annual equivalent yield to maturity or interpolated maturity (on a day count basis) of the Comparable Treasury Issue, assuming a price for the Comparable Treasury Issue (expressed as a percentage of its principal amount) equal to the Comparable Treasury Price for such Redemption Date. The Treasury Rate shall be calculated by the Company on the third business day preceding the Redemption Date.
So long as the 2048 Bonds are registered in the name of DTC, its nominee or a successor depositary, if the Company elects to redeem less than all of the 2048 Bonds, DTCs practice is to determine by lot the amount of the interest of each Direct Participant in the 2048 Bonds to be redeemed. At all other times, the Trustee shall draw by lot, in such manner as it deems appropriate, the particular 2048 Bonds, or portions of them, to be redeemed.
The 2048 Bonds shall also be redeemable, as a whole but not in part, at the 2048 Bonds Make-Whole Redemption Price in the event that (i) all the outstanding common stock of the Company shall be acquired by some governmental body or instrumentality and the Company elects to redeem all of the bonds of all series, the Redemption Date in any such event to be not more than one hundred twenty (120) days after the date on which all said stock is so acquired, or (ii) all, or substantially all, the mortgaged and pledged property constituting bondable property which at the time shall be subject to the lien of the Indenture as a first lien shall be released from the lien of the Indenture pursuant to the provisions thereof, and available moneys in the hands of the Trustee, including any moneys deposited by the Company available for the purpose, are sufficient to redeem all the bonds of all series at the redemption prices (together with accrued interest to the date of redemption) specified therein applicable to the redemption thereof upon the happening of such event.
Notice of redemption shall be given by mail not less than 30 nor more than 90 days prior to the date fixed for redemption to the holders of 2048 Bonds to be redeemed (which, as long as the 2048 Bonds are held in the book-entry only system, will be the Depositary, its nominee or a successor depositary). On and after the date fixed for redemption (unless the Company defaults in the payment of the 2048 Bonds Redemption Price and interest accrued thereon to such date), interest on the 2048 Bonds or the portions of them so called for redemption shall cease to accrue. If the Company elects to redeem any 2048 Bonds, the Company will notify the Trustee of its election at least 45 days prior to the Redemption Date for the 2048 Bonds (or a shorter period acceptable to the Trustee). The Company will provide the Trustee a reasonably detailed computation of the 2048 Bonds Redemption Price with such notice (or if the 2048 Bonds Redemption Price includes the 2048 Bonds Make-Whole Redemption Price, the manner of calculation, with the actual computation provided by the Company to the Trustee promptly following its computation).
The 2048 Bonds of the several denominations are exchangeable for a like aggregate principal amount of other 2048 Bonds of other authorized denominations. Notwithstanding the provisions of Section 2.03 of the Original Indenture, for any exchange of the 2048 Bonds for other 2048 Bonds of different authorized denominations, or for any transfer of 2048 Bonds, the Company may require the payment of a sum sufficient to reimburse it for any tax or other governmental charge incident thereto only. The 2048 Bonds may be presented for transfer or exchange at the corporate trust office of the Trustee in New York, New York.
C. FORM OF THE NEW SERIES BONDS
The New Series Bonds shall be substantially in the following form, with such inclusions, omissions, and variations as the Board of Directors of the Company may determine in accordance with the provisions of the Indenture and with such variations, as between the 20 28 Bonds and the 2048 Bonds, as set forth therein:
[FORM OF THE NEW SERIES BONDS]
[Insert applicable depositary legend or legends, which initially shall be the following:
THIS SECURITY IS A GLOBAL NOTE WITHIN THE MEANING OF THE INDENTURE HEREINAFTER REFERRED TO AND IS REGISTERED IN THE NAME OF A DEPOSITARY OR A NOMINEE THEREOF. THIS SECURITY MAY NOT BE EXCHANGED IN WHOLE OR IN PART FOR A SECURITY REGISTERED, AND NO TRANSFER OF THIS SECURITY IN WHOLE OR IN PART MAY BE REGISTERED, IN THE NAME OF ANY PERSON OTHER THAN SUCH DEPOSITARY OR A NOMINEE THEREOF, EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE.
UNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY, A NEW YORK CORPORATION (DTC), TO DUKE ENERGY FLORIDA, LLC OR ITS AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE, OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR IN SUCH OTHER NAME AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (AND ANY PAYMENT IS MADE TO CEDE & CO. OR TO SUCH OTHER ENTITY AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN.
THIS FIRST MORTGAGE BOND, % SERIES DUE 20 MAY, UNDER CONDITIONS PROVIDED IN THE INDENTURE, BE EXCHANGED FOR FIRST MORTGAGE BONDS, % SERIES DUE 20 IN THE FORM OF DEFINITIVE CERTIFICATES OF LIKE TENOR AND OF AN EQUAL AGGREGATE PRINCIPAL AMOUNT, IN AUTHORIZED DENOMINATIONS, REGISTERED IN THE NAMES OF SUCH PERSONS AS THE DEPOSITARY SHALL INSTRUCT THE TRUSTEE. ANY SUCH EXCHANGE SHALL BE MADE UPON RECEIPT BY THE TRUSTEE OF AN OFFICERS CERTIFICATE THEREFOR AND A WRITTEN INSTRUCTION FROM THE DEPOSITARY SETTING FORTH THE NAME OR NAMES IN WHICH THE TRUSTEE IS TO REGISTER SUCH FIRST MORTGAGE BONDS, % SERIES DUE 20 IN THE FORM OF DEFINITIVE CERTIFICATES.]
REGISTERED BOND |
CUSIP No. |
DUKE ENERGY FLORIDA, LLC
(Organized under the laws of the State of Florida)
FIRST MORTGAGE BOND,
% SERIES DUE 20
DUE , 20
No. |
$ |
DUKE ENERGY FLORIDA, LLC, a limited liability company of the State of Florida (hereinafter called the Company), for value received, hereby promises to pay to or registered assigns, on at the office or agency of the Company in the Borough of Manhattan, The City of New York, Dollars ($ ) in such coin or currency of the United States of America as at the time of payment is legal tender for the payment of public and private debts, and to pay interest thereon, semiannually on January 15 and July 15 of each year, commencing January 15, 2019, to the person in whose name this bond is registered at the close of business on the tenth calendar day next preceding the interest payment date (i.e., January 5 and July 5, respectively), provided, however , that so long as this bond is registered in the name of The Depository Trust Company, its nominee or a successor depository, the record date for interest payable on any interest payment date shall be the close of business on the business day immediately preceding such interest payment date (each subject to certain exceptions provided in the Mortgage hereinafter mentioned), at the rate of per annum, at said office or agency in like coin or currency, from the date hereof until this bond shall mature, according to its terms or on prior redemption or by declaration or otherwise, and at the highest rate of interest borne by any of the bonds outstanding under the Mortgage hereinafter mentioned from such date of maturity until this bond shall be paid or the payment hereof shall have been duly provided for; provided, however , that payment of interest may be made at the option of the Company by check mailed by the Company or its affiliate to the person entitled thereto at his registered address. If a due date for the payment of interest, principal, or the Redemption Price, if applicable, falls on a day that is not a business day, then the payment will be made on the next succeeding business day, and no interest will accrue on the amounts payable for the period from and after the original due date and until the next business day. The term business day means any day other than a Saturday or Sunday or day on which banking institutions in The City of New York are required or authorized to close.
Additional provisions of this bond are set forth on the reverse hereof and such provisions shall for all purposes have the same effect as though fully set forth at this place.
This bond shall not become valid or obligatory for any purpose until The Bank of New York Mellon, or its successor as Trustee under the Mortgage, shall have signed the certificate of authentication endorsed hereon.
IN WITNESS WHEREOF, DUKE ENERGY FLORIDA, LLC has caused this bond to be signed in its name by its President or one of its Vice Presidents by his signature or a facsimile thereof, and its company seal, or a facsimile thereof, to be affixed hereto and attested by its Secretary or one of its Assistant Secretaries by his signature or a facsimile thereof.
TRUSTEES AUTHENTICATION CERTIFICATE
This bond is one of the bonds, of the series herein designated, described or provided for in the within-mentioned Mortgage.
|
THE BANK OF NEW YORK MELLON |
||
|
|
||
|
By: |
|
|
|
Name: |
|
|
|
Title: |
|
|
[TEXT APPEARING ON REVERSE SIDE OF BOND]
DUKE ENERGY FLORIDA, LLC
FIRST MORTGAGE BOND
% SERIES DUE 20
DUE , 20
This bond is one of an issue of bonds of the Company (herein referred to as the bonds), not limited in principal amount except as provided in the Mortgage hereinafter mentioned, issuable in series, which different series may mature at different times, may bear interest at different rates, and may otherwise vary as provided in the Mortgage hereinafter mentioned, and is one of a series known as its First Mortgage Bonds, % Series due 20 (herein referred to as the Bonds of this Series), all bonds of all series issued and to be issued under and equally and ratably secured (except insofar as any sinking or analogous fund, established in accordance with the provisions of the Mortgage hereinafter mentioned, may afford additional security for the bonds of any particular series) by an Indenture dated as of January 1, 1944 (the Original Indenture and herein, together with all indentures supplemental thereto including the Fifty-Fifth Supplemental Indenture dated as of June 1, 2018 (the Fifty-Fifth Supplemental Indenture) between the Company and The Bank of New York Mellon, as Trustee, called the Mortgage), to which reference is made for the nature and extent of the security, the rights of the holders of bonds and of the Company in respect thereof, the rights, duties and immunities of the Trustee, and the terms and conditions upon which the bonds are, and are to be, issued and secured. The Mortgage contains provisions permitting the holders of not less than seventy-five per centum (75%) in principal amount of all the bonds at the time outstanding, determined and evidenced as provided in the Mortgage, or in case the rights under the Mortgage of the holders of bonds of one or more, but less than all, of the series of bonds outstanding shall be affected, the holders of not less than seventy-five per centum (75%) in principal amount of the bonds at the time outstanding of all series affected, determined and evidenced as provided in the Mortgage, on behalf of the holders of all the bonds to waive any past default under the Mortgage and its consequences except a completed default, as defined in the Mortgage, in respect of the payment of the principal of or interest on any bond or default arising from the creation of any lien ranking prior to or equal with the lien of the Mortgage on any of the mortgaged and pledged property. The Mortgage also contains provisions permitting the Company and the Trustee, with the consent of the holders of not less than seventy-five per centum (75%) in principal amount of all the bonds at the time outstanding, determined and evidenced as provided in the Mortgage, or in case the rights under the Mortgage of the holders of bonds of one or more, but less than all, of the series of bonds outstanding shall be affected, then with the consent of the holders of not less than seventy-five per centum (75%) in principal amount of the bonds at the time outstanding of all series affected, determined and evidenced as provided in the Mortgage, to execute supplemental indentures adding any provisions to or changing in any manner or eliminating any of the provisions of the Mortgage or modifying in any manner the rights of the holders of the bonds and coupons; provided, however, that no such supplemental indenture shall (i) extend the fixed maturity of any bonds, or reduce the rate or extend the time of payment of interest thereon, or reduce the principal amount thereof, without the express consent of the holder of each bond so affected, or (ii) reduce the aforesaid percentage of bonds, the holders of which are required to consent to any such supplemental indenture, without the consent of the holders of all bonds then outstanding, or (iii) permit the creation of any lien ranking prior to or equal with the lien of the Mortgage on any of the mortgaged and pledged property, or (iv) deprive the holder of any outstanding bond of the lien of the Mortgage on any of the mortgaged and pledged property. Any such waiver or consent by the registered holder of this bond (unless effectively revoked as provided in the Mortgage) shall be conclusive and binding upon such holder and upon all future holders of this bond, irrespective of whether or not any notation of such waiver or consent is made upon this bond. No reference herein to the Mortgage and no provision of this bond or of the Mortgage shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of and interest on this bond at the time and place and at the rate and in the coin or currency herein prescribed.
The Bonds of this Series are issuable in denominations of Two Thousand Dollars ($2,000) and any integral multiple of One Thousand Dollars ($1,000) above that amount and are exchangeable for a like aggregate principal amount of Bonds of this Series of other authorized denominations. This bond is transferable as prescribed in the Mortgage by the registered holder hereof in person, or by his duly authorized attorney, at the office or agency of the Company in said Borough of Manhattan, The City of New York, upon surrender and cancellation of this bond, and upon payment, if the Company shall require it, of the transfer charges prescribed in the Fifty-Fifth Supplemental
Indenture hereinabove referred to, and thereupon a new fully registered bond or bonds of authorized denominations of the same series and for the same aggregate principal amount will be issued to the transferee in exchange herefor as provided in the Mortgage. The Company and the Trustee, any paying agent and any bond registrar may deem and treat the person in whose name this bond is registered as the absolute owner hereof, whether or not this bond shall be overdue, for the purpose of receiving payment and for all other purposes and neither the Company nor the Trustee nor any paying agent nor any bond registrar shall be affected by any notice to the contrary.
[Insert the following two paragraphs solely for the 2028 Bonds:
At any time before April 15, 2028 (the Par Call Date), the Bonds of this Series shall be redeemable, in whole or in part and from time to time, at the option of the Company, on any date (a Redemption Date), at a redemption price (the Make-Whole Redemption Price) equal to the greater of (i) 100% of the principal amount of the Bonds of this Series being redeemed and (ii) the sum of the present values of the remaining scheduled payments of principal and interest on the Bonds of this series being redeemed that would be due if the Bonds of this series matured on the Par Call Date (exclusive of interest accrued to such Redemption Date), discounted to such Redemption Date on a semi-annual basis (assuming a 360-day year consisting of twelve 30-day months) at the Treasury Rate plus 15 basis points, plus, in either case, accrued and unpaid interest on the principal amount being redeemed to, but excluding, such Redemption Date.
At any time on or after the Par Call Date, the Bonds of this Series shall be redeemable, in whole or in part and from time to time, at the option of the Company, at a redemption price (together with any Make-Whole Redemption Price, each a Redemption Price) equal to 100% of the principal amount of the Bonds of this Series being redeemed plus accrued and unpaid interest on the principal amount being redeemed to, but excluding, such Redemption Date.]
[Insert the following two paragraphs solely for the 2048 Bonds:
At any time before January 15, 2048 (the Par Call Date), the Bonds of this Series shall be redeemable, in whole or in part and from time to time, at the option of the Company, on any date (a Redemption Date), at a redemption price (the Make-Whole Redemption Price) equal to the greater of (i) 100% of the principal amount of the Bonds of this Series being redeemed and (ii) the sum of the present values of the remaining scheduled payments of principal and interest on the Bonds of this series being redeemed that would be due if the Bonds of this series matured on the Par Call Date (exclusive of interest accrued to such Redemption Date), discounted to such Redemption Date on a semi-annual basis (assuming a 360-day year consisting of twelve 30-day months) at the Treasury Rate plus 20 basis points, plus, in either case, accrued and unpaid interest on the principal amount being redeemed to, but excluding, such Redemption Date.
At any time on or after the Par Call Date, the Bonds of this Series shall be redeemable, in whole or in part and from time to time, at the option of the Company, at a redemption price (together with any Make-Whole Redemption Price, each a Redemption Price) equal to 100% of the principal amount of the Bonds of this Series being redeemed plus accrued and unpaid interest on the principal amount being redeemed to, but excluding, such Redemption Date.]
For purposes of the second immediately preceding paragraph, the following terms have the following meanings:
Comparable Treasury Issue means the United States Treasury security selected by the Quotation Agent as having an actual or interpolated maturity comparable to the remaining term of the Bonds of this Series to be redeemed (assuming, for this purpose, that the Bond of this series matured on the Par Call Date) that would be utilized, at the time of selection and in accordance with customary financial practice, in pricing new issues of corporate debt securities of comparable maturity to the remaining term of the Bonds of this Series.
Comparable Treasury Price means, with respect to any Redemption Date for the Bonds of this Series, (1) the average of the Reference Treasury Dealer Quotations for such Redemption Date, after excluding the highest and lowest of such Reference Treasury Dealer Quotations, or (2) if the Quotation Agent obtains fewer than four of such Reference Treasury Dealer Quotations, the average of all such Reference Treasury Dealer Quotations as determined by the Company.
Quotation Agent means a Reference Treasury Dealer appointed by the Company.
Reference Treasury Dealer means each of (i) Barclays Capital Inc. and BNP Paribas Securities Corp. and (ii) a Primary Treasury Dealer (as defined below) selected by each of PNC Capital Markets LLC, SMBC Nikko Securities America, Inc. and SunTrust Robinson Humphrey, Inc., or their respective affiliates or successors, each of which is a primary U.S. Government securities dealer in the United States (a Primary Treasury Dealer); provided, however , that if any of the foregoing or their affiliates or successors shall cease to be a Primary Treasury Dealer, the Company shall substitute therefor another Primary Treasury Dealer.
Reference Treasury Dealer Quotations means, with respect to each Reference Treasury Dealer and any Redemption Date for the Bonds of this Series, the average, as determined by the Quotation Agent, of the bid and asked prices for the Comparable Treasury Issue (expressed in each case as a percentage of its principal amount) quoted in writing to the Quotation Agent by such Reference Treasury Dealer at 5:00 p.m., New York City time, on the third business day preceding such Redemption Date.
Treasury Rate means, with respect to any Redemption Date for the Bonds of this Series, the rate per annum equal to the semi-annual equivalent yield to maturity or interpolated maturity (on a day count basis) of the Comparable Treasury Issue, assuming a price for the Comparable Treasury Issue (expressed as a percentage of its principal amount) equal to the Comparable Treasury Price for such Redemption Date. The Treasury Rate shall be calculated by the Company on the third business day preceding the Redemption Date.
So long as the Bonds of this Series are registered in the name of DTC, its nominee or a successor depositary, if the Company elects to redeem less than all of the Bonds of this Series, DTCs practice is to determine by lot the amount of the interest of each Direct Participant in the Bonds of this Series to be redeemed. At all other times, the Trustee shall draw by lot, in such manner as it deems appropriate, the particular Bonds of this Series, or portions of them, to be redeemed.
The Bonds of this Series shall also be redeemable, as a whole but not in part, at the Make-Whole Redemption Price in the event that (i) all the outstanding common stock of the Company shall be acquired by some governmental body or instrumentality and the Company elects to redeem all of the bonds of all series, the Redemption Date in any such event to be not more than one hundred twenty (120) days after the date on which all said stock is so acquired, or (ii) all, or substantially all, the mortgaged and pledged property constituting bondable property which at the time shall be subject to the lien of the Mortgage as a first lien shall be released from the lien of the Mortgage pursuant to the provisions thereof, and available moneys in the hands of the Trustee, including any moneys deposited by the Company available for the purpose, are sufficient to redeem all the bonds of all series at the redemption prices (together with accrued interest to the date of redemption) specified therein applicable to the redemption thereof upon the happening of such event.
Notice of redemption shall be given by mail not less than 30 nor more than 90 days prior to the date fixed for redemption to the holders of the Bonds of this Series to be redeemed (which, as long as the Bonds of this Series are held in the book-entry only system, will be the Depositary, its nominee or a successor depositary). On and after the date fixed for redemption (unless the Company defaults in the payment of the Redemption Price and interest accrued thereon to such date), interest on the Bonds of this Series or the portions of them so called for redemption shall cease to accrue. If the Company elects to redeem any Bonds of this Series, the Company will notify the Trustee of its election at least 45 days prior to the Redemption Date (or a shorter period acceptable to the Trustee). The Company will provide the Trustee a reasonably detailed computation of the Redemption Price with such notice (or if the Redemption Price includes the Make-Whole Redemption Price, the manner of calculation, with the actual computation provided by the Company to the Trustee promptly following its computation).
The Mortgage provides that if the Company shall deposit with The Bank of New York Mellon or its successor as Trustee in trust for the purpose funds sufficient to pay the principal of all the bonds of any series, or such of the bonds of any series as have been or are to be called for redemption (including any portions, constituting $1,000 or an integral multiple thereof, of fully registered bonds), and premium, if any, thereon, and all interest payable on such bonds (or portions) to the date on which they become due and payable at maturity or upon redemption or otherwise, and complies with the other provisions of the Mortgage in respect thereof, then from the date of such deposit such bonds (or portions) shall no longer be secured by the lien of the Mortgage.
The Mortgage provides that, upon any partial redemption of a fully registered bond, upon surrender thereof endorsed for transfer, new bonds of the same series and of authorized denominations in principal amount equal to the unredeemed portion of such fully registered bond will be delivered in exchange therefor.
The principal hereof may be declared or may become due prior to the express date of the maturity hereof on the conditions, in the manner and at the time set forth in the Mortgage, upon the occurrence of a completed default as in the Mortgage provided.
No recourse shall be had for the payment of the principal of, the Redemption Price, if applicable, or interest on this bond, or for any claim based hereon, or otherwise in respect hereof, or based on or in respect of the Mortgage or under or upon any obligation, covenant or agreement contained in the Mortgage, against any incorporator or any past, present or future subscriber to the capital stock, stockholder, officer or director, as such, of the Company or of any predecessor or successor corporation, either directly or through the Company or any predecessor or successor corporation under any present or future rule of law, statute or constitution or by the enforcement of any assessment or otherwise, all such liability of incorporators, subscribers, stockholders, officers and directors, as such, being waived and released by the holder and owner hereof by the acceptance of this bond and being likewise waived and released by the terms of the Mortgage.
D. INTEREST ON THE NEW SERIES BONDS
Interest on any New Series Bond which is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall be paid to the person in whose name that bond (or one or more predecessor bonds) is registered at the close of business on the Regular Record Date for such interest specified in the provisions of this Supplemental Indenture. Interest shall be computed on the basis of a 360-day year composed of twelve 30-day months.
Any interest on any New Series Bond which is payable, but is not punctually paid or duly provided for, on any Interest Payment Date (herein called Defaulted Interest) shall forthwith cease to be payable to the registered holder on the relevant Regular Record Date solely by virtue of such holder having been such holder; and such Defaulted Interest may be paid by the Company, at its election in each case, as provided in Subsection A or B below:
A. The Company may elect to make payment of any Defaulted Interest on the New Series Bonds to the persons in whose names such bonds (or their respective predecessor bonds) are registered at the close of business on a special record date for the payment of such Defaulted Interest, which shall be fixed in the following manner (a Special Record Date). The Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each bond and the date of the proposed payment (which date shall be such as will enable the Trustee to comply with the next sentence hereof), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the persons entitled to such Defaulted Interest as in this Subsection provided and not to be deemed part of the trust estate or trust moneys . Thereupon the Trustee shall fix a Special Record Date for the payment of such Defaulted Interest which shall be not more than 15 nor less than 10 days prior to the date of the proposed payment and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment . The Trustee shall promptly notify the Company of such Special Record Date and, in the name and at the expense of the Company, shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date therefor to be mailed, first-class postage prepaid, to each holder of a bond of the New Series Bonds at the address as it appears in the bond register not less than 10 days prior to such Special Record Date. The Trustee may, in its discretion in the name and at the expense of the Company, cause a similar notice to be published at least once in a newspaper approved by the Company in each place of payment of the New Series Bonds, but such publication shall not be a condition precedent to the establishment of such Special Record Date . Notice of the proposed payment of such Defaulted Interest and the Special Record Date therefor having been mailed as aforesaid, such Defaulted Interest shall be paid to the persons in whose names the New Series Bonds (or their respective predecessor bonds) are registered on such Special Record Date and shall no longer be payable pursuant to the following Subsection B.
B. The Company may make payment of any Defaulted Interest on the New Series Bonds in any other lawful manner not inconsistent with the requirements of any securities exchange on which such bonds may be listed and upon such notice as may be required by such exchange, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this Subsection, such payment shall be deemed practicable by the Trustee.
Subject to the foregoing provisions of this Section, each New Series Bond delivered under this Supplemental Indenture upon transfer of or in exchange for or in lieu of any other New Series Bonds shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other bond and each such bond shall bear interest from such date, that neither gain nor loss in interest shall result from such transfer, exchange or substitution.
ARTICLE II
ADDITIONAL COVENANTS
The Company hereby covenants as follows:
Section 1. That it will, prior to or simultaneously with the initial authentication and delivery by the Trustee of the New Series Bonds under Section 4.05 of the Original Indenture, deliver to the Trustee the instruments required by said Section.
Section 2. That, so long as any of the New Series Bonds shall be outstanding, it will not declare or pay any dividends (except a dividend in its own common stock) upon its common stock, or make any other distribution (by way of purchase, or otherwise) to the holders thereof, except a payment or distribution out of net income of the Company subsequent to December 31, 1943; and that it will not permit any subsidiary of the Company to purchase any shares of common stock of the Company. The terms (i) dividend shall be interpreted so as to include distributions and (ii) common stock and shares of common stock shall be interpreted so as to include membership interests.
For the purpose of this Section, net income of the Company shall be determined by regarding as charges or credits to income, as the case may be, any and all charges or credits to earned surplus subsequent to December 31, 1943, representing adjustments on account of excessive or deficient accruals to income for taxes, and operating expenses shall include all proper charges for the maintenance and repairs of the property owned by the Company and appropriations out of income for the retirement or depreciation of the property used in its electric business in an amount of not less than the amount of the minimum provision for depreciation determined as provided in clause (5) of paragraph A of Section 1.05 of the Original Indenture.
ARTICLE III
SUNDRY PROVISIONS
Section 1. This Supplemental Indenture is executed and shall be construed as an indenture supplemental to the Original Indenture, and shall form a part thereof and all of the provisions contained in the Original Indenture in respect to the rights, privileges, immunities, powers and duties of the Trustee shall be applicable in respect hereof as fully and with like effect as if set forth herein in full. The Trustee agrees to accept and act upon instructions or directions pursuant to this Supplemental Indenture sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Company shall provide to the Trustee an incumbency certificate listing designated persons authorized to provide such instructions, which incumbency certificate shall be amended whenever a person is to be added or deleted from the listing. If the Company elects to give the Trustee e-mail or facsimile instructions pursuant to this Supplemental Indenture (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustees understanding of such instructions shall be deemed controlling in the absence of manifest error . Subject to Sections 14.02 and 14.03 of the Indenture, the Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustees reliance upon and compliance with such instructions notwithstanding whether such instructions conflict or are inconsistent with a subsequent written instruction. Subject to Sections 14.02 and 14.03 of the Indenture, the Company agrees to assume all risks arising out of the use of such electronic methods to submit instructions and
directions to the Trustee pursuant to this Supplemental Indenture, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.
Section 2. This Supplemental Indenture may be simultaneously executed in any number of counterparts, and all of said counterparts executed and delivered, each as an original, shall constitute but one and the same instrument.
Section 3. The Trustee shall not be responsible in any manner whatsoever for or in respect of the validity or sufficiency of this Supplemental Indenture or of the due execution hereof by the Company or for or in respect of the recitals contained herein, all of which recitals are made by the Company solely.
Section 4. Although this Supplemental Indenture is dated for convenience and for purposes of reference as of June 1, 2018, the actual dates of execution by the Company and by the Trustee are as indicated by the respective acknowledgments hereto annexed.
[signature page follows]
IN WITNESS WHEREOF, DUKE ENERGY FLORIDA, LLC has caused this Supplemental Indenture to be signed in its name and behalf by its Assistant Treasurer, and its company seal to be hereunto affixed and attested by its Assistant Secretary, and THE BANK OF NEW YORK MELLON has caused this Supplemental Indenture to be signed and sealed in its name and behalf by a Vice President, and its company seal to be attested by a Vice President, all as of the day and year first above written.
|
|
DUKE ENERGY FLORIDA, LLC |
|
|
|
|
|
|
|
|
|
|
|
By: |
/s/ John L. Sullivan, III |
|
|
|
John L. Sullivan, III, Assistant Treasurer |
|
|
|
299 First Avenue North |
|
|
|
St. Petersburg, Florida 33701 |
|
|
|
|
[SEAL] |
|
|
|
|
|
|
|
Attest: |
|
|
|
|
|
|
|
/s/ Robert T. Lucas III |
|
|
|
Robert T. Lucas III, Assistant Secretary |
|
|
|
299 First Avenue North |
|
|
|
St. Petersburg, Florida 33701 |
|
|
|
|
|
|
|
Signed, sealed and delivered by said |
|
|
|
DUKE ENERGY FLORIDA, LLC |
|
|
|
|
|
|
|
in the presence of: |
|
|
|
|
|
|
|
/s/ Delcia S. Dunlap |
|
|
|
Delcia S. Dunlap |
|
|
|
|
|
|
|
/s/ Sohn E. Daniels |
|
|
|
Sohn E. Daniels |
|
|
[Companys Signature Page of Fifty-Fifth Supplemental Indenture]
|
|
THE BANK OF NEW YORK MELLON |
|
|
|
|
|
|
|
By: |
/s/ Francine Kincaid |
|
|
|
Francine Kincaid, Vice President |
|
|
|
101 Barclay Street |
|
|
|
New York, New York 10286 |
|
|
|
|
[SEAL] |
|
|
|
|
|
|
|
Attest: |
|
|
|
|
|
|
|
/s/ Thoams Hacker |
|
|
|
Thomas Hacker, Vice President |
|
|
|
101 Barclay Street |
|
|
|
New York, New York 10286 |
|
|
|
|
|
|
|
Signed, sealed and delivered by said |
|
|
|
THE BANK OF NEW YORK MELLON |
|
|
|
|
|
|
|
in the presence of: |
|
|
|
|
|
|
|
/s/ Efren Almazan |
|
|
|
Efren Almazan, Vice President |
|
|
|
|
|
|
|
/s/ Glenn McKeever |
|
|
|
Glenn McKeever, Vice President |
|
|
[Trustees Signature Page of Fifty-Fifth Supplemental Indenture]
STATE OF NORTH CAROLINA |
) |
|
|
|
|
|
|
SS: |
|
|
|
COUNTY OF MECKLENBURG |
) |
|
Before me, the undersigned, a notary public in and for the State and County aforesaid, an officer duly authorized to take acknowledgments of deeds and other instruments, personally appeared John L. Sullivan, III, Assistant Treasurer of DUKE ENERGY FLORIDA, LLC , a limited liability company, the limited liability company party of the first part in and to the above written instrument, and also personally appeared before me Robert T. Lucas III, Assistant Secretary of the said limited liability company; such persons being severally personally known to me, who did take an oath and are known by me to be the same individuals who as such Assistant Treasurer and as such Assistant Secretary executed the above written instrument on behalf of said limited liability company; and he, the said Assistant Treasurer, acknowledged that as such Assistant Treasurer, he subscribed the said company name to said instrument on behalf and by authority of said limited liability company, and he, the said Assistant Secretary, acknowledged that he affixed the seal of said limited liability company to said instrument and attested the same by subscribing his name as Assistant Secretary of said limited liability company, by authority and on behalf of said limited liability company, and each of the two persons above named acknowledged that, being informed of the contents of said instrument, they, as such Assistant Treasurer and Assistant Secretary, delivered said instrument by authority and on behalf of said limited liability company and that all such acts were done freely and voluntarily and for the uses and purposes in said instrument set forth and that such instrument is the free act and deed of said limited liability company; and each of said persons further acknowledged and declared that he/she knows the seal of said limited liability company, and that the seal affixed to said instrument is the company seal of the limited liability company aforesaid.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 21 st day of June, 2018 at Charlotte in the State and County aforesaid.
|
/s/ Phoebe P. Elliott |
|
Phoebe P. Elliott |
My commission expires: June 26, 2021
[NOTARIAL SEAL]
STATE OF NEW YORK |
) |
|
|
|
|
|
|
SS: |
|
|
|
COUNTY OF NEW YORK |
) |
|
Before me, the undersigned, a notary public in and for the State of New York, an officer duly authorized to take acknowledgments of deeds and other instruments, personally appeared Francine Kincaid, Vice President (the Executing Vice President) of THE BANK OF NEW YORK MELLON , a New York banking corporation, the corporate party of the second part in and to the above written instrument, and also personally appeared before me Thomas Hacker, Vice President (the Attesting Vice President) of the said corporation; said persons being severally personally known to me, who did take an oath and are known by me to be the same individuals who as such Executing Vice President and as such Attesting Vice President executed the above written instrument on behalf of said corporation; and she, the said Executing Vice President, acknowledged that as such Executing Vice President she subscribed the said corporate name to said instrument and affixed the seal of said corporation to said instrument on behalf and by authority of said corporation, and he, the said Attesting Vice President, acknowledged that he attested the same by subscribing his name as Vice President of said corporation, by authority and on behalf of said corporation, and each of the two persons above named acknowledged that, being informed of the contents of said instrument, they, as such Executing Vice President and Attesting Vice President, delivered said instrument by authority and on behalf of said corporation and that all such acts were done freely and voluntarily and for the uses and purposes in said instrument set forth and that such instrument is the free act and deed of said corporation, and each of said persons further acknowledged and declared that he knows the seal of said corporation, and that the seal affixed to said instrument is the corporate seal of the corporation aforesaid.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 19 th day of June, 2018, at New York, in the State and County aforesaid.
|
/s/ Bret S. Derman |
|
Bret S. Derman |
|
Notary Public - State of New York |
|
No. 02DE6196933 |
|
Qualified in Kings County |
|
Certificate Filed in New York County |
|
My Commission Expires November 17, 2020 |
[NOTARIAL SEAL]
EXHIBIT A
RECORDING INFORMATION
ORIGINAL INDENTURE dated January 1, 1944
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
02/25/44 |
|
121 |
|
172 |
|
Bay |
|
10/20/47 |
|
59 |
|
18 |
|
Brevard |
|
10/30/91 |
|
3157 |
|
3297 |
|
Citrus |
|
02/25/44 |
|
18 |
|
1 |
|
Columbia |
|
02/25/44 |
|
42 |
|
175 |
|
Dixie |
|
02/25/44 |
|
3 |
|
127 |
|
Flagler |
|
10/30/91 |
|
456 |
|
288 |
|
Franklin |
|
02/25/44 |
|
0 |
|
83 |
|
Gadsden |
|
02/26/44 |
|
A-6 |
|
175 |
|
Gilchrist |
|
02/25/44 |
|
5 |
|
60 |
|
Gulf |
|
02/26/44 |
|
6 |
|
193 |
|
Hamilton |
|
02/25/44 |
|
42 |
|
69 |
|
Hardee |
|
02/25/44 |
|
23 |
|
1 |
|
Hernando |
|
02/25/44 |
|
90 |
|
1 |
|
Highlands |
|
02/25/44 |
|
48 |
|
357 |
|
Hillsborough |
|
02/25/44 |
|
662 |
|
105 |
|
Jackson |
|
02/26/44 |
|
370 |
|
1 |
|
Jefferson |
|
07/02/51 |
|
25 |
|
1 |
|
Lafayette |
|
02/25/44 |
|
22 |
|
465 |
|
Lake |
|
02/25/44 |
|
93 |
|
1 |
|
Leon |
|
02/25/44 |
|
41 |
|
1 |
|
Levy |
|
02/25/44 |
|
3 |
|
160 |
|
Liberty |
|
02/25/44 |
|
H |
|
116 |
|
Madison |
|
07/02/51 |
|
61 |
|
86 |
|
Marion |
|
02/25/44 |
|
103 |
|
1 |
|
Orange |
|
02/25/44 |
|
297 |
|
375 |
|
Osceola |
|
02/25/44 |
|
20 |
|
1 |
|
Pasco |
|
02/25/44 |
|
39 |
|
449 |
|
Pinellas |
|
02/26/44 |
|
566 |
|
1 |
|
Polk |
|
02/25/44 |
|
666 |
|
305 |
|
Seminole |
|
02/25/44 |
|
65 |
|
147 |
|
Sumter |
|
02/25/44 |
|
25 |
|
1 |
|
Suwanee |
|
02/25/44 |
|
58 |
|
425 |
|
Taylor |
|
07/03/51 |
|
36 |
|
1 |
|
Volusia |
|
02/25/44 |
|
135 |
|
156 |
|
Wakulla |
|
02/25/44 |
|
14 |
|
1 |
|
STATE OF GEORGIA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Cook |
|
02/25/44 |
|
24 |
|
1 |
|
Echols |
|
02/25/44 |
|
A-1 |
|
300 |
|
Lowndes |
|
02/25/44 |
|
5-0 |
|
1 |
|
SUPPLEMENTAL INDENTURE (First) dated July 1, 1946
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
11/12/46 |
|
166 |
|
1 |
|
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Bay |
|
10/20/47 |
|
59 |
|
1 |
|
Brevard |
|
10/30/91 |
|
3157 |
|
3590 |
|
Citrus |
|
11/12/46 |
|
17 |
|
362 |
|
Columbia |
|
11/12/46 |
|
49 |
|
283 |
|
Dixie |
|
11/14/46 |
|
3 |
|
357 |
|
Flagler |
|
10/30/91 |
|
456 |
|
579 |
|
Franklin |
|
11/13/46 |
|
P |
|
80 |
|
Gadsden |
|
11/13/46 |
|
A-9 |
|
148 |
|
Gilchrist |
|
11/14/46 |
|
7 |
|
120 |
|
Gulf |
|
11/13/46 |
|
10 |
|
313 |
|
Hamilton |
|
11/12/46 |
|
40 |
|
371 |
|
Hardee |
|
11/12/46 |
|
24 |
|
575 |
|
Hernando |
|
11/14/46 |
|
99 |
|
201 |
|
Highlands |
|
11/12/46 |
|
55 |
|
303 |
|
Hillsborough |
|
11/06/46 |
|
95 |
|
375 |
|
Jackson |
|
11/13/46 |
|
399 |
|
1 |
|
Jefferson |
|
07/02/51 |
|
25 |
|
287 |
|
Lafayette |
|
11/14/46 |
|
23 |
|
156 |
|
Lake |
|
11/13/46 |
|
107 |
|
209 |
|
Leon |
|
11/13/46 |
|
55 |
|
481 |
|
Levy |
|
11/14/46 |
|
4 |
|
133 |
|
Liberty |
|
11/13/46 |
|
H |
|
420 |
|
Madison |
|
07/02/51 |
|
61 |
|
373 |
|
Marion |
|
11/12/46 |
|
110 |
|
1 |
|
Orange |
|
11/12/46 |
|
338 |
|
379 |
|
Osceola |
|
11/12/46 |
|
20 |
|
164 |
|
Pasco |
|
11/14/46 |
|
44 |
|
169 |
|
Pinellas |
|
11/06/46 |
|
632 |
|
161 |
|
Polk |
|
11/12/46 |
|
744 |
|
511 |
|
Seminole |
|
11/13/46 |
|
74 |
|
431 |
|
Sumter |
|
11/13/46 |
|
25 |
|
467 |
|
Suwanee |
|
11/12/46 |
|
63 |
|
316 |
|
Taylor |
|
07/03/51 |
|
36 |
|
145 |
|
Volusia |
|
11/13/46 |
|
158 |
|
203 |
|
Wakulla |
|
11/13/36 |
|
14 |
|
299 |
|
SUPPLEMENTAL INDENTURE (Second) dated November 1, 1948
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
01/08/49 |
|
196 |
|
287 |
|
Bay |
|
01/10/49 |
|
64 |
|
395 |
|
Brevard |
|
10/30/91 |
|
3157 |
|
3607 |
|
Citrus |
|
01/13/49 |
|
18 |
|
414 |
|
Columbia |
|
01/08/49 |
|
55 |
|
493 |
|
Dixie |
|
01/10/49 |
|
4 |
|
201 |
|
Flagler |
|
10/30/91 |
|
456 |
|
601 |
|
Franklin |
|
01/10/49 |
|
Q |
|
1 |
|
Gadsden |
|
01/10/49 |
|
A-13 |
|
157 |
|
Gilchrist |
|
01/08/49 |
|
6 |
|
274 |
|
Gulf |
|
01/10/49 |
|
13 |
|
74 |
|
Hamilton |
|
01/10/49 |
|
44 |
|
1 |
|
Hardee |
|
01/08/49 |
|
28 |
|
110 |
|
Hernando |
|
01/08/49 |
|
109 |
|
448 |
|
Highlands |
|
01/08/49 |
|
61 |
|
398 |
|
Hillsborough |
|
01/13/49 |
|
810 |
|
452 |
|
Jackson |
|
01/10/49 |
|
400 |
|
563 |
|
Jefferson |
|
07/02/51 |
|
25 |
|
320 |
|
Lafayette |
|
01/10/49 |
|
25 |
|
210 |
|
Lake |
|
01/08/49 |
|
119 |
|
555 |
|
Leon |
|
01/10/49 |
|
82 |
|
303 |
|
Levy |
|
01/08/49 |
|
5 |
|
242 |
|
Liberty |
|
01/08/49 |
|
H |
|
587 |
|
Madison |
|
07/02/51 |
|
61 |
|
407 |
|
Marion |
|
01/11/49 |
|
122 |
|
172 |
|
Orange |
|
01/08/49 |
|
388 |
|
604 |
|
Osceola |
|
01/08/49 |
|
25 |
|
104 |
|
Pasco |
|
01/08/49 |
|
47 |
|
549 |
|
Pinellas |
|
01/05/49 |
|
716 |
|
11 |
|
Polk |
|
01/07/49 |
|
807 |
|
411 |
|
Seminole |
|
01/06/49 |
|
84 |
|
389 |
|
Sumter |
|
01/08/49 |
|
28 |
|
41 |
|
Suwanee |
|
01/08/49 |
|
69 |
|
150 |
|
Taylor |
|
07/03/51 |
|
36 |
|
162 |
|
Volusia |
|
01/06/49 |
|
192 |
|
167 |
|
Wakulla |
|
01/10/49 |
|
16 |
|
1 |
|
SUPPLEMENTAL INDENTURE (Third) dated July 1, 1951
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
08/02/51 |
|
234 |
|
340 |
|
Bay |
|
08/03/51 |
|
93 |
|
155 |
|
Brevard |
|
10/30/91 |
|
3157 |
|
3630 |
|
Citrus |
|
07/30/51 |
|
20 |
|
251 |
|
Columbia |
|
08/02/51 |
|
66 |
|
503 |
|
Dixie |
|
08/02/51 |
|
5 |
|
271 |
|
Flagler |
|
10/30/91 |
|
456 |
|
624 |
|
Franklin |
|
08/03/51 |
|
Q |
|
522 |
|
Gadsden |
|
08/03/51 |
|
A-19 |
|
271 |
|
Gilchrist |
|
08/02/51 |
|
7 |
|
422 |
|
Gulf |
|
08/03/51 |
|
16 |
|
59 |
|
Hamilton |
|
08/03/51 |
|
51 |
|
347 |
|
Hardee |
|
08/02/51 |
|
32 |
|
1 |
|
Hernando |
|
08/02/51 |
|
118 |
|
537 |
|
Highlands |
|
08/02/51 |
|
69 |
|
344 |
|
Hillsborough |
|
08/02/51 |
|
927 |
|
174 |
|
Jefferson |
|
08/03/51 |
|
25 |
|
359 |
|
Lafayette |
|
08/03/51 |
|
27 |
|
305 |
|
Lake |
|
07/31/51 |
|
139 |
|
323 |
|
Leon |
|
08/02/51 |
|
113 |
|
465 |
|
Levy |
|
08/02/51 |
|
7 |
|
211 |
|
Liberty |
|
07/25/51 |
|
1 |
|
232 |
|
Madison |
|
08/07/51 |
|
62 |
|
1 |
|
Marion |
|
08/02/51 |
|
142 |
|
143 |
|
Orange |
|
08/07/51 |
|
460 |
|
60 |
|
Osceola |
|
08/02/51 |
|
31 |
|
385 |
|
Pasco |
|
08/10/51 |
|
56 |
|
1 |
|
Pinellas |
|
08/02/51 |
|
847 |
|
301 |
|
Polk |
|
08/01/51 |
|
899 |
|
539 |
|
Seminole |
|
08/07/51 |
|
100 |
|
403 |
|
Sumter |
|
08/02/51 |
|
32 |
|
345 |
|
Suwanee |
|
08/02/51 |
|
76 |
|
413 |
|
Taylor |
|
08/07/51 |
|
36 |
|
182 |
|
Volusia |
|
08/07/51 |
|
245 |
|
393 |
|
Wakulla |
|
08/03/51 |
|
17 |
|
259 |
|
STATE OF GEORGIA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Cook |
|
08/08/51 |
|
35 |
|
566 |
|
Echols |
|
08/02/51 |
|
A-3 |
|
521 |
|
Lowndes |
|
08/04/51 |
|
7-E |
|
188 |
|
FOURTH SUPPLEMENTAL INDENTURE November 1, 1952
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
12/31/52 |
|
256 |
|
288 |
|
Bay |
|
01/01/53 |
|
104 |
|
571 |
|
Brevard |
|
10/30/91 |
|
3157 |
|
3663 |
|
Citrus |
|
12/31/52 |
|
22 |
|
321 |
|
Columbia |
|
12/31/52 |
|
72 |
|
521 |
|
Dixie |
|
12/31/52 |
|
6 |
|
135 |
|
Flagler |
|
10/31/91 |
|
456 |
|
657 |
|
Franklin |
|
12/31/52 |
|
R |
|
477 |
|
Gadsden |
|
12/31/52 |
|
A-22 |
|
511 |
|
Gilchrist |
|
12/31/52 |
|
9 |
|
124 |
|
Gulf |
|
01/02/53 |
|
17 |
|
7 |
|
Hamilton |
|
12/31/52 |
|
54 |
|
293 |
|
Hardee |
|
12/31/52 |
|
33 |
|
433 |
|
Hernando |
|
12/31/52 |
|
125 |
|
361 |
|
Highlands |
|
01/02/53 |
|
74 |
|
131 |
|
Hillsborough |
|
12/29/52 |
|
993 |
|
545 |
|
Jefferson |
|
12/31/52 |
|
27 |
|
1 |
|
Lafayette |
|
12/31/52 |
|
28 |
|
445 |
|
Lake |
|
01/02/53 |
|
150 |
|
343 |
|
Leon |
|
12/31/52 |
|
130 |
|
1 |
|
Levy |
|
12/31/52 |
|
8 |
|
362 |
|
Liberty |
|
01/09/53 |
|
1 |
|
462 |
|
Madison |
|
01/02/53 |
|
65 |
|
134 |
|
Marion |
|
01/02/53 |
|
153 |
|
434 |
|
Orange |
|
12/31/52 |
|
505 |
|
358 |
|
Osceola |
|
12/31/52 |
|
36 |
|
145 |
|
Pasco |
|
01/02/53 |
|
61 |
|
563 |
|
Pinellas |
|
12/29/52 |
|
926 |
|
561 |
|
Polk |
|
01/12/53 |
|
974 |
|
177 |
|
Seminole |
|
01/02/53 |
|
111 |
|
41 |
|
Sumter |
|
12/31/52 |
|
35 |
|
441 |
|
Suwanee |
|
01/02/53 |
|
82 |
|
27 |
|
Taylor |
|
12/31/52 |
|
37 |
|
325 |
|
Volusia |
|
01/10/53 |
|
278 |
|
107 |
|
Wakulla |
|
01/02/53 |
|
18 |
|
383 |
|
STATE OF GEORGIA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Cook |
|
01/01/53 |
|
39 |
|
95 |
|
Echols |
|
01/01/53 |
|
A-4 |
|
110 |
|
Lowndes |
|
12/31/52 |
|
7-0 |
|
540 |
|
FIFTH SUPPLEMENTAL INDENTURE November 1, 1953
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
12/29/53 |
|
271 |
|
24 |
|
Bay |
|
01/01/54 |
|
115 |
|
505 |
|
Brevard |
|
10/30/91 |
|
3157 |
|
3690 |
|
Citrus |
|
12/28/53 |
|
2 |
|
73 |
|
Columbia |
|
12/28/53 |
|
7 |
|
3 |
|
Dixie |
|
12/23/53 |
|
6 |
|
466 |
|
Flagler |
|
10/30/91 |
|
456 |
|
684 |
|
Franklin |
|
12/28/53 |
|
1 |
|
447 |
|
Gadsden |
|
12/24/53 |
|
A-26 |
|
251 |
|
Gilchrist |
|
12/23/53 |
|
9 |
|
317 |
|
Gulf |
|
12/28/53 |
|
11 |
|
229 |
|
Hamilton |
|
12/28/53 |
|
58 |
|
220 |
|
Hardee |
|
12/23/53 |
|
35 |
|
518 |
|
Hernando |
|
12/23/53 |
|
130 |
|
409 |
|
Highlands |
|
12/29/53 |
|
78 |
|
1 |
|
Hillsborough |
|
01/04/54 |
|
1050 |
|
229 |
|
Jefferson |
|
12/29/53 |
|
28 |
|
91 |
|
Lafayette |
|
12/24/53 |
|
30 |
|
16 |
|
Lake |
|
12/23/53 |
|
160 |
|
189 |
|
Leon |
|
12/23/53 |
|
144 |
|
268 |
|
Levy |
|
12/23/53 |
|
9 |
|
368 |
|
Liberty |
|
01/06/54 |
|
J |
|
40 |
|
Madison |
|
12/26/53 |
|
67 |
|
381 |
|
Marion |
|
12/28/53 |
|
168 |
|
179 |
|
Orange |
|
12/24/53 |
|
541 |
|
253 |
|
Osceola |
|
12/24/53 |
|
39 |
|
42 |
|
Pasco |
|
12/23/53 |
|
67 |
|
1 |
|
Pinellas |
|
12/22/53 |
|
988 |
|
333 |
|
Polk |
|
01/05/54 |
|
1021 |
|
473 |
|
Seminole |
|
12/29/53 |
|
118 |
|
535 |
|
Sumter |
|
12/28/53 |
|
37 |
|
466 |
|
Suwanee |
|
12/28/53 |
|
85 |
|
346 |
|
Taylor |
|
12/24/53 |
|
43 |
|
225 |
|
Volusia |
|
12/24/53 |
|
303 |
|
454 |
|
Wakulla |
|
12/30/53 |
|
19 |
|
380 |
|
STATE OF GEORGIA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Cook |
|
01/15/54 |
|
39 |
|
437 |
|
Echols |
|
01/15/54 |
|
A-4 |
|
418 |
|
Lowndes |
|
12/29/53 |
|
7-X |
|
235 |
|
SIXTH SUPPLEMENTAL INDENTURE dated July 1, 1954
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
11/19/54 |
|
286 |
|
129 |
|
Bay |
|
11/22/54 |
|
125 |
|
502 |
|
Brevard |
|
10/30/91 |
|
3157 |
|
3719 |
|
Citrus |
|
11/19/54 |
|
9 |
|
525 |
|
Columbia |
|
11/20/54 |
|
17 |
|
479 |
|
Dixie |
|
11/19/54 |
|
7 |
|
299 |
|
Flagler |
|
10/30/91 |
|
456 |
|
713 |
|
Franklin |
|
11/19/54 |
|
5 |
|
465 |
|
Gadsden |
|
11/20/54 |
|
A-29 |
|
411 |
|
Gilchrist |
|
11/19/54 |
|
9 |
|
530 |
|
Gulf |
|
11/22/54 |
|
19 |
|
284 |
|
Hamilton |
|
11/22/54 |
|
59 |
|
425 |
|
Hardee |
|
11/19/54 |
|
37 |
|
307 |
|
Hernando |
|
11/19/54 |
|
7 |
|
335 |
|
Highlands |
|
11/19/54 |
|
82 |
|
403 |
|
Hillsborough |
|
11/26/54 |
|
1116 |
|
164 |
|
Jefferson |
|
11/19/54 |
|
29 |
|
17 |
|
Lafayette |
|
11/19/54 |
|
31 |
|
138 |
|
Lake |
|
11/19/54 |
|
170 |
|
225 |
|
Leon |
|
11/19/54 |
|
159 |
|
209 |
|
Levy |
|
11/19/54 |
|
10 |
|
523 |
|
Liberty |
|
11/30/54 |
|
J |
|
215 |
|
Madison |
|
11/20/54 |
|
69 |
|
483 |
|
Marion |
|
11/20/54 |
|
181 |
|
573 |
|
Orange |
|
11/23/54 |
|
578 |
|
123 |
|
Osceola |
|
11/20/54 |
|
42 |
|
216 |
|
Pasco |
|
11/22/54 |
|
15 |
|
568 |
|
Pinellas |
|
11/18/54 |
|
1046 |
|
507 |
|
Polk |
|
11/23/54 |
|
1068 |
|
22 |
|
Seminole |
|
11/19/54 |
|
28 |
|
374 |
|
Sumter |
|
11/30/54 |
|
40 |
|
81 |
|
Suwanee |
|
11/23/54 |
|
89 |
|
1 |
|
Taylor |
|
11/20/54 |
|
45 |
|
377 |
|
Volusia |
|
11/23/54 |
|
327 |
|
538 |
|
Wakulla |
|
11/19/54 |
|
20 |
|
445 |
|
STATE OF GEORGIA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Cook |
|
11/20/54 |
|
55 |
|
385 |
|
Echols |
|
11/20/54 |
|
5 |
|
86 |
|
Lowndes |
|
11/20/54 |
|
3 |
|
387 |
|
SEVENTH SUPPLEMENTAL INDENTURE dated July 1, 1956
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
07/27/56 |
|
320 |
|
309 |
|
Bay |
|
07/27/56 |
|
145 |
|
395 |
|
Brevard |
|
10/30/91 |
|
3157 |
|
3746 |
|
Citrus |
|
07/25/56 |
|
28 |
|
403 |
|
Columbia |
|
07/26/56 |
|
38 |
|
279 |
|
Dixie |
|
07/30/56 |
|
9 |
|
1 |
|
Flagler |
|
10/30/91 |
|
456 |
|
740 |
|
Franklin |
|
07/27/56 |
|
16 |
|
392 |
|
Gadsden |
|
07/26/56 |
|
A-36 |
|
100 |
|
Gilchrist |
|
07/31/56 |
|
11 |
|
289 |
|
Gulf |
|
08/02/56 |
|
23 |
|
475 |
|
Hamilton |
|
07/27/56 |
|
11 |
|
79 |
|
Hardee |
|
07/31/56 |
|
43 |
|
1 |
|
Hernando |
|
07/26/56 |
|
21 |
|
88 |
|
Highlands |
|
07/31/56 |
|
11 |
|
571 |
|
Hillsborough |
|
08/06/56 |
|
1260 |
|
125 |
|
Jefferson |
|
07/25/56 |
|
30 |
|
295 |
|
Lafayette |
|
07/25/56 |
|
33 |
|
117 |
|
Lake |
|
07/26/56 |
|
189 |
|
613 |
|
Leon |
|
07/25/56 |
|
190 |
|
301 |
|
Levy |
|
07/30/56 |
|
14 |
|
13 |
|
Liberty |
|
07/31/56 |
|
J |
|
531 |
|
Madison |
|
07/26/56 |
|
74 |
|
12 |
|
Marion |
|
07/26/56 |
|
208 |
|
223 |
|
Orange |
|
07/27/56 |
|
126 |
|
165 |
|
Osceola |
|
07/26/56 |
|
49 |
|
1 |
|
Pasco |
|
08/02/56 |
|
51 |
|
353 |
|
Pinellas |
|
07/24/56 |
|
1168 |
|
481 |
|
Polk |
|
08/20/56 |
|
1180 |
|
30 |
|
Seminole |
|
07/27/56 |
|
90 |
|
5 |
|
Sumter |
|
08/02/56 |
|
43 |
|
523 |
|
Suwanee |
|
07/26/56 |
|
96 |
|
67 |
|
Taylor |
|
07/25/56 |
|
52 |
|
451 |
|
Volusia |
|
07/26/56 |
|
384 |
|
195 |
|
Wakulla |
|
07/25/56 |
|
22 |
|
281 |
|
STATE OF GEORGIA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Cook |
|
07/26/56 |
|
48 |
|
36 |
|
Echols |
|
07/26/56 |
|
5 |
|
401 |
|
Lowndes |
|
07/25/56 |
|
22 |
|
419 |
|
EIGHTH SUPPLEMENTAL INDENTURE dated July 1, 1958
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
07/23/58 |
|
20 |
|
227 |
|
Bay |
|
08/05/58 |
|
170 |
|
295 |
|
Brevard |
|
10/30/91 |
|
3157 |
|
3785 |
|
Citrus |
|
07/24/58 |
|
55 |
|
336 |
|
Columbia |
|
07/23/58 |
|
66 |
|
365 |
|
Dixie |
|
07/22/58 |
|
11 |
|
166 |
|
Flagler |
|
10/30/91 |
|
456 |
|
779 |
|
Franklin |
|
07/22/58 |
|
29 |
|
248 |
|
Gadsden |
|
07/23/58 |
|
9 |
|
48 |
|
Gilchrist |
|
07/22/58 |
|
12 |
|
341 |
|
Gulf |
|
07/24/58 |
|
29 |
|
40 |
|
Hamilton |
|
07/22/58 |
|
23 |
|
1 |
|
Hardee |
|
07/22/58 |
|
49 |
|
451 |
|
Hernando |
|
07/25/58 |
|
39 |
|
358 |
|
Highlands |
|
07/29/58 |
|
50 |
|
514 |
|
Hillsborough |
|
07/29/58 |
|
111 |
|
108 |
|
Jefferson |
|
07/23/58 |
|
33 |
|
19 |
|
Lafayette |
|
07/23/58 |
|
35 |
|
120 |
|
Lake |
|
07/31/58 |
|
56 |
|
297 |
|
Leon |
|
07/23/58 |
|
216 |
|
129 |
|
Levy |
|
07/22/58 |
|
18 |
|
63 |
|
Liberty |
|
07/24/58 |
|
K |
|
413 |
|
Madison |
|
07/23/58 |
|
78 |
|
310 |
|
Marion |
|
07/29/58 |
|
237 |
|
447 |
|
Orange |
|
07/23/58 |
|
403 |
|
300 |
|
Osceola |
|
07/23/58 |
|
26 |
|
462 |
|
Pasco |
|
07/25/58 |
|
96 |
|
455 |
|
Pinellas |
|
07/24/58 |
|
381 |
|
683 |
|
Polk |
|
07/24/58 |
|
165 |
|
452 |
|
Seminole |
|
07/23/58 |
|
178 |
|
26 |
|
Sumter |
|
08/01/58 |
|
5 |
|
66 |
|
Suwanee |
|
07/23/58 |
|
102 |
|
360 |
|
Taylor |
|
07/22/58 |
|
4 |
|
254 |
|
Volusia |
|
07/23/58 |
|
129 |
|
244 |
|
Wakulla |
|
07/25/58 |
|
24 |
|
375 |
|
NINTH SUPPLEMENTAL INDENTURE dated October 1, 1960
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
11/23/60 |
|
119 |
|
158 |
|
Bay |
|
11/25/60 |
|
28 |
|
411 |
|
Brevard |
|
10/30/91 |
|
3157 |
|
3822 |
|
Citrus |
|
12/01/60 |
|
93 |
|
370 |
|
Columbia |
|
11/17/60 |
|
105 |
|
133 |
|
Dixie |
|
11/16/60 |
|
13 |
|
331 |
|
Flagler |
|
10/30/91 |
|
456 |
|
816 |
|
Franklin |
|
11/17/60 |
|
49 |
|
375 |
|
Gadsden |
|
11/17/60 |
|
29 |
|
655 |
|
Gilchrist |
|
11/16/60 |
|
1 |
|
473 |
|
Gulf |
|
11/21/60 |
|
5 |
|
409 |
|
Hamilton |
|
11/18/60 |
|
37 |
|
171 |
|
Hardee |
|
11/17/60 |
|
60 |
|
76 |
|
Hernando |
|
11/16/60 |
|
65 |
|
688 |
|
Highlands |
|
11/18/60 |
|
108 |
|
421 |
|
Hillsborough |
|
11/23/60 |
|
629 |
|
675 |
|
Jefferson |
|
11/18/60 |
|
8 |
|
290 |
|
Lafayette |
|
11/16/60 |
|
38 |
|
185 |
|
Lake |
|
11/21/60 |
|
141 |
|
619 |
|
Leon |
|
11/23/60 |
|
254 |
|
479 |
|
Levy |
|
11/16/60 |
|
23 |
|
537 |
|
Liberty |
|
11/17/60 |
|
M |
|
525 |
|
Madison |
|
11/22/60 |
|
11 |
|
153 |
|
Marion |
|
11/18/60 |
|
54 |
|
420 |
|
Orange |
|
11/22/60 |
|
817 |
|
569 |
|
Osceola |
|
11/16/60 |
|
68 |
|
410 |
|
Pasco |
|
11/21/60 |
|
158 |
|
530 |
|
Pinellas |
|
11/16/60 |
|
1036 |
|
239 |
|
Polk |
|
11/18/60 |
|
440 |
|
179 |
|
Seminole |
|
11/21/60 |
|
332 |
|
203 |
|
Sumter |
|
11/30/60 |
|
25 |
|
318 |
|
Suwanee |
|
11/17/60 |
|
111 |
|
282 |
|
Taylor |
|
11/18/60 |
|
21 |
|
626 |
|
Volusia |
|
11/21/60 |
|
330 |
|
281 |
|
Wakulla |
|
11/21/60 |
|
28 |
|
185 |
|
TENTH SUPPLEMENTAL INDENTURE dated May 1, 1962
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
06/07/62 |
|
188 |
|
123 |
|
Bay |
|
06/15/62 |
|
70 |
|
173 |
|
Brevard |
|
10/30/91 |
|
3157 |
|
3858 |
|
Citrus |
|
06/08/62 |
|
120 |
|
221 |
|
Columbia |
|
06/05/62 |
|
130 |
|
187 |
|
Dixie |
|
06/05/62 |
|
15 |
|
36 |
|
Flagler |
|
10/30/91 |
|
456 |
|
852 |
|
Franklin |
|
06/06/62 |
|
58 |
|
333 |
|
Gadsden |
|
06/05/62 |
|
45 |
|
493 |
|
Gilchrist |
|
06/05/62 |
|
7 |
|
261 |
|
Gulf |
|
06/06/62 |
|
14 |
|
147 |
|
Hamilton |
|
06/05/62 |
|
46 |
|
407 |
|
Hardee |
|
06/05/62 |
|
16 |
|
449 |
|
Hernando |
|
06/05/62 |
|
82 |
|
326 |
|
Highlands |
|
06/11/62 |
|
148 |
|
617 |
|
Hillsborough |
|
06/11/62 |
|
949 |
|
738 |
|
Jefferson |
|
06/05/62 |
|
13 |
|
606 |
|
Lafayette |
|
06/08/62 |
|
39 |
|
385 |
|
Lake |
|
06/06/62 |
|
204 |
|
1 |
|
Leon |
|
06/11/62 |
|
48 |
|
49 |
|
Levy |
|
06/05/62 |
|
27 |
|
574 |
|
Liberty |
|
06/06/62 |
|
0 |
|
214 |
|
Madison |
|
06/05/62 |
|
20 |
|
76 |
|
Marion |
|
06/15/62 |
|
112 |
|
412 |
|
Orange |
|
06/06/62 |
|
1060 |
|
464 |
|
Osceola |
|
06/05/62 |
|
90 |
|
389 |
|
Pasco |
|
06/08/62 |
|
202 |
|
457 |
|
Pinellas |
|
06/01/62 |
|
1438 |
|
571 |
|
Polk |
|
06/14/62 |
|
605 |
|
696 |
|
Seminole |
|
06/13/62 |
|
408 |
|
102 |
|
Sumter |
|
06/13/62 |
|
40 |
|
85 |
|
Suwanee |
|
06/05/62 |
|
116 |
|
273 |
|
Taylor |
|
06/05/62 |
|
34 |
|
330 |
|
Volusia |
|
06/20/62 |
|
456 |
|
46 |
|
Wakulla |
|
06/11/62 |
|
31 |
|
349 |
|
ELEVENTH SUPPLEMENTAL INDENTURE dated April 1, 1965
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
05/21/65 |
|
324 |
|
610 |
|
Bay |
|
05/28/65 |
|
158 |
|
231 |
|
Brevard |
|
10/30/91 |
|
3157 |
|
3894 |
|
Citrus |
|
05/13/65 |
|
179 |
|
485 |
|
Columbia |
|
05/17/65 |
|
184 |
|
314 |
|
Dixie |
|
05/13/65 |
|
6 |
|
485 |
|
Flagler |
|
10/30/91 |
|
456 |
|
888 |
|
Franklin |
|
05/19/65 |
|
72 |
|
497 |
|
Gadsden |
|
05/18/65 |
|
73 |
|
410 |
|
Gilchrist |
|
05/13/65 |
|
17 |
|
11 |
|
Gulf |
|
05/18/65 |
|
24 |
|
717 |
|
Hamilton |
|
05/13/65 |
|
63 |
|
327 |
|
Hardee |
|
05/13/65 |
|
47 |
|
377 |
|
Hernando |
|
05/13/65 |
|
112 |
|
236 |
|
Highlands |
|
05/21/65 |
|
232 |
|
421 |
|
Hillsborough |
|
05/12/65 |
|
1448 |
|
57 |
|
Jefferson |
|
05/14/65 |
|
23 |
|
198 |
|
Lafayette |
|
05/13/65 |
|
1 |
|
687 |
|
Lake |
|
05/19/65 |
|
287 |
|
74 |
|
Leon |
|
05/21/65 |
|
178 |
|
48 |
|
Levy |
|
05/21/65 |
|
34 |
|
519 |
|
Liberty |
|
05/14/65 |
|
6 |
|
1 |
|
Madison |
|
05/14/65 |
|
34 |
|
399 |
|
Marion |
|
05/24/65 |
|
228 |
|
528 |
|
Orange |
|
05/25/65 |
|
1445 |
|
830 |
|
Osceola |
|
05/18/65 |
|
132 |
|
351 |
|
Pasco |
|
05/13/65 |
|
291 |
|
437 |
|
Pinellas |
|
05/12/65 |
|
2154 |
|
77 |
|
Polk |
|
05/17/65 |
|
929 |
|
371 |
|
Seminole |
|
05/19/65 |
|
535 |
|
241 |
|
Sumter |
|
05/14/65 |
|
68 |
|
83 |
|
Suwanee |
|
05/17/65 |
|
24 |
|
673 |
|
Taylor |
|
05/17/65 |
|
56 |
|
129 |
|
Volusia |
|
05/19/65 |
|
708 |
|
531 |
|
Wakulla |
|
05/17/65 |
|
8 |
|
6 |
|
TWELFTH SUPPLEMENTAL INDENTURE dated November 1, 1965
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
12/10/65 |
|
355 |
|
229 |
|
Bay |
|
12/20/65 |
|
174 |
|
619 |
|
Brevard |
|
10/30/91 |
|
3157 |
|
3931 |
|
Citrus |
|
12/22/65 |
|
192 |
|
309 |
|
Columbia |
|
12/10/65 |
|
194 |
|
338 |
|
Dixie |
|
12/10/65 |
|
9 |
|
42 |
|
Flagler |
|
10/30/91 |
|
456 |
|
925 |
|
Franklin |
|
12/13/65 |
|
76 |
|
249 |
|
Gadsden |
|
12/10/65 |
|
78 |
|
606 |
|
Gilchrist |
|
12/10/65 |
|
19 |
|
447 |
|
Gulf |
|
12/10/65 |
|
26 |
|
692 |
|
Hamilton |
|
12/10/65 |
|
66 |
|
303 |
|
Hardee |
|
12/10/65 |
|
53 |
|
426 |
|
Hernando |
|
12/13/65 |
|
118 |
|
441 |
|
Highlands |
|
12/20/65 |
|
248 |
|
20 |
|
Hillsborough |
|
12/17/65 |
|
1548 |
|
603 |
|
Jefferson |
|
12/10/65 |
|
24 |
|
595 |
|
Lafayette |
|
12/10/65 |
|
2 |
|
671 |
|
Lake |
|
12/20/65 |
|
301 |
|
528 |
|
Leon |
|
12/20/65 |
|
205 |
|
170 |
|
Levy |
|
12/20/65 |
|
36 |
|
184 |
|
Liberty |
|
12/10/65 |
|
6 |
|
477 |
|
Madison |
|
12/11/65 |
|
36 |
|
806 |
|
Marion |
|
12/27/65 |
|
254 |
|
153 |
|
Orange |
|
12/10/65 |
|
1499 |
|
785 |
|
Osceola |
|
12/10/65 |
|
140 |
|
445 |
|
Pasco |
|
12/13/65 |
|
312 |
|
19 |
|
Pinellas |
|
12/09/65 |
|
2283 |
|
186 |
|
Polk |
|
12/20/65 |
|
984 |
|
641 |
|
Seminole |
|
12/22/65 |
|
559 |
|
591 |
|
Sumter |
|
12/14/65 |
|
73 |
|
283 |
|
Suwanee |
|
12/14/65 |
|
30 |
|
218 |
|
Taylor |
|
12/10/65 |
|
59 |
|
361 |
|
Volusia |
|
12/10/65 |
|
755 |
|
174 |
|
Wakulla |
|
12/20/65 |
|
9 |
|
390 |
|
THIRTEENTH SUPPLEMENTAL INDENTURE dated August 1, 1967
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
08/22/67 |
|
458 |
|
347 |
|
Bay |
|
08/28/67 |
|
223 |
|
457 |
|
Brevard |
|
10/30/91 |
|
3157 |
|
3964 |
|
Citrus |
|
08/28/67 |
|
218 |
|
756 |
|
Columbia |
|
08/22/67 |
|
225 |
|
304 |
|
Dixie |
|
08/22/67 |
|
15 |
|
367 |
|
Flagler |
|
10/30/91 |
|
456 |
|
962 |
|
Franklin |
|
08/28/67 |
|
83 |
|
556 |
|
Gadsden |
|
08/23/67 |
|
96 |
|
29 |
|
Gilchrist |
|
08/22/67 |
|
25 |
|
131 |
|
Gulf |
|
08/22/67 |
|
33 |
|
618 |
|
Hamilton |
|
08/23/67 |
|
76 |
|
465 |
|
Hardee |
|
08/22/67 |
|
71 |
|
366 |
|
Hernando |
|
08/28/67 |
|
137 |
|
646 |
|
Highlands |
|
08/30/67 |
|
288 |
|
585 |
|
Hillsborough |
|
08/28/67 |
|
1795 |
|
635 |
|
Jefferson |
|
08/23/67 |
|
30 |
|
662 |
|
Lafayette |
|
08/22/67 |
|
5 |
|
694 |
|
Lake |
|
08/25/67 |
|
342 |
|
196 |
|
Leon |
|
08/30/67 |
|
280 |
|
594 |
|
Levy |
|
08/28/67 |
|
41 |
|
262 |
|
Liberty |
|
08/23/67 |
|
10 |
|
90 |
|
Madison |
|
08/23/67 |
|
44 |
|
606 |
|
Marion |
|
09/01/67 |
|
324 |
|
444 |
|
Orange |
|
08/24/67 |
|
1660 |
|
421 |
|
Osceola |
|
08/22/67 |
|
164 |
|
335 |
|
Pasco |
|
08/28/67 |
|
370 |
|
728 |
|
Pinellas |
|
08/21/67 |
|
2659 |
|
498 |
|
Polk |
|
09/06/67 |
|
1108 |
|
900 |
|
Seminole |
|
08/31/67 |
|
628 |
|
506 |
|
Sumter |
|
09/06/67 |
|
87 |
|
602 |
|
Suwanee |
|
08/23/67 |
|
47 |
|
228 |
|
Taylor |
|
08/24/67 |
|
67 |
|
782 |
|
Volusia |
|
08/24/67 |
|
964 |
|
254 |
|
Wakulla |
|
08/31/67 |
|
14 |
|
755 |
|
FOURTEENTH SUPPLEMENTAL INDENTURE dated November 1, 1968
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
12/06/68 |
|
543 |
|
198 |
|
Bay |
|
12/18/68 |
|
262 |
|
487 |
|
Brevard |
|
10/30/91 |
|
3157 |
|
3984 |
|
Citrus |
|
12/09/68 |
|
239 |
|
487 |
|
Columbia |
|
12/09/68 |
|
242 |
|
397 |
|
Dixie |
|
12/09/68 |
|
20 |
|
109 |
|
Flagler |
|
10/30/91 |
|
456 |
|
983 |
|
Franklin |
|
12/06/68 |
|
88 |
|
538 |
|
Gadsden |
|
12/12/68 |
|
110 |
|
7 |
|
Gilchrist |
|
12/06/68 |
|
29 |
|
281 |
|
Gulf |
|
12/09/68 |
|
38 |
|
359 |
|
Hamilton |
|
12/06/68 |
|
82 |
|
245 |
|
Hardee |
|
12/06/68 |
|
83 |
|
221 |
|
Hernando |
|
12/09/68 |
|
164 |
|
395 |
|
Highlands |
|
12/11/68 |
|
319 |
|
390 |
|
Hillsborough |
|
12/19/68 |
|
1977 |
|
890 |
|
Jefferson |
|
12/09/68 |
|
35 |
|
32 |
|
Lafayette |
|
12/06/68 |
|
9 |
|
170 |
|
Lake |
|
12/06/68 |
|
371 |
|
438 |
|
Leon |
|
12/19/68 |
|
342 |
|
572 |
|
Levy |
|
12/09/68 |
|
44 |
|
215 |
|
Liberty |
|
12/09/68 |
|
12 |
|
41 |
|
Madison |
|
12/09/68 |
|
49 |
|
627 |
|
Marion |
|
12/20/68 |
|
375 |
|
12 |
|
Orange |
|
12/06/68 |
|
1785 |
|
837 |
|
Osceola |
|
12/06/68 |
|
183 |
|
688 |
|
Pasco |
|
12/06/68 |
|
423 |
|
607 |
|
Pinellas |
|
12/06/68 |
|
2964 |
|
580 |
|
Polk |
|
12/10/68 |
|
1193 |
|
854 |
|
Seminole |
|
12/18/68 |
|
695 |
|
638 |
|
Sumter |
|
01/02/69 |
|
98 |
|
509 |
|
Suwanee |
|
12/06/68 |
|
60 |
|
50 |
|
Taylor |
|
12/09/68 |
|
73 |
|
494 |
|
Volusia |
|
12/09/68 |
|
1060 |
|
466 |
|
Wakulla |
|
12/19/68 |
|
18 |
|
593 |
|
FIFTEENTH SUPPLEMENTAL INDENTURE dated August 1, 1969
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
08/26/69 |
|
592 |
|
206 |
|
Bay |
|
09/03/69 |
|
283 |
|
513 |
|
Brevard |
|
10/30/91 |
|
3157 |
|
4002 |
|
Citrus |
|
08/26/69 |
|
251 |
|
437 |
|
Columbia |
|
09/05/69 |
|
251 |
|
586 |
|
Dixie |
|
08/26/69 |
|
21 |
|
705 |
|
Flagler |
|
10/30/91 |
|
456 |
|
1001 |
|
Franklin |
|
08/26/69 |
|
92 |
|
363 |
|
Gadsden |
|
08/26/69 |
|
116 |
|
723 |
|
Gilchrist |
|
09/04/69 |
|
31 |
|
539 |
|
Gulf |
|
08/26/69 |
|
41 |
|
23 |
|
Hamilton |
|
08/26/69 |
|
85 |
|
292 |
|
Hardee |
|
08/26/69 |
|
91 |
|
19 |
|
Hernando |
|
09/03/69 |
|
191 |
|
745 |
|
Highlands |
|
09/05/69 |
|
339 |
|
90 |
|
Hillsborough |
|
09/03/69 |
|
2073 |
|
501 |
|
Jefferson |
|
08/26/69 |
|
37 |
|
193 |
|
Lafayette |
|
08/26/69 |
|
12 |
|
235 |
|
Lake |
|
09/11/69 |
|
389 |
|
148 |
|
Leon |
|
09/05/69 |
|
377 |
|
548 |
|
Levy |
|
08/26/69 |
|
6 |
|
348 |
|
Liberty |
|
08/29/69 |
|
12 |
|
680 |
|
Madison |
|
08/26/69 |
|
52 |
|
263 |
|
Marion |
|
09/08/69 |
|
399 |
|
668 |
|
Orange |
|
08/27/69 |
|
1867 |
|
156 |
|
Osceola |
|
09/03/69 |
|
192 |
|
726 |
|
Pasco |
|
08/26/69 |
|
459 |
|
315 |
|
Pinellas |
|
08/26/69 |
|
3149 |
|
131 |
|
Polk |
|
09/04/69 |
|
1241 |
|
971 |
|
Seminole |
|
09/05/69 |
|
740 |
|
500 |
|
Sumter |
|
09/05/69 |
|
104 |
|
504 |
|
Suwanee |
|
08/26/69 |
|
66 |
|
489 |
|
Taylor |
|
08/26/69 |
|
77 |
|
44 |
|
Volusia |
|
08/26/69 |
|
1123 |
|
577 |
|
Wakulla |
|
09/05/69 |
|
21 |
|
231 |
|
SIXTEENTH SUPPLEMENTAL INDENTURE dated February 1, 1970
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
03/13/70 |
|
625 |
|
297 |
|
Bay |
|
03/23/70 |
|
298 |
|
539 |
|
Brevard |
|
10/30/91 |
|
3157 |
|
4019 |
|
Citrus |
|
03/16/70 |
|
261 |
|
729 |
|
Columbia |
|
03/13/70 |
|
257 |
|
622 |
|
Dixie |
|
03/13/70 |
|
23 |
|
107 |
|
Flagler |
|
10/30/91 |
|
456 |
|
1019 |
|
Franklin |
|
03/13/70 |
|
94 |
|
507 |
|
Gadsden |
|
03/13/70 |
|
121 |
|
571 |
|
Gilchrist |
|
03/20/70 |
|
33 |
|
449 |
|
Gulf |
|
03/16/70 |
|
43 |
|
244 |
|
Hamilton |
|
03/14/70 |
|
87 |
|
291 |
|
Hardee |
|
03/16/70 |
|
97 |
|
225 |
|
Hernando |
|
03/20/70 |
|
212 |
|
536 |
|
Highlands |
|
03/20/70 |
|
352 |
|
25 |
|
Hillsborough |
|
03/20/70 |
|
2146 |
|
824 |
|
Jefferson |
|
03/13/70 |
|
38 |
|
643 |
|
Lafayette |
|
03/16/70 |
|
14 |
|
42 |
|
Lake |
|
03/13/70 |
|
400 |
|
545 |
|
Leon |
|
04/02/70 |
|
406 |
|
203 |
|
Levy |
|
03/20/70 |
|
11 |
|
150 |
|
Liberty |
|
03/13/70 |
|
13 |
|
494 |
|
Madison |
|
03/13/70 |
|
54 |
|
152 |
|
Marion |
|
03/20/70 |
|
419 |
|
113 |
|
Orange |
|
03/20/70 |
|
1927 |
|
853 |
|
Osceola |
|
03/13/70 |
|
199 |
|
282 |
|
Pasco |
|
03/13/70 |
|
487 |
|
207 |
|
Pinellas |
|
03/23/70 |
|
3294 |
|
582 |
|
Polk |
|
03/27/70 |
|
1278 |
|
4 |
|
Seminole |
|
03/20/70 |
|
771 |
|
384 |
|
Sumter |
|
03/27/70 |
|
109 |
|
1 |
|
Suwanee |
|
03/13/70 |
|
71 |
|
61 |
|
Taylor |
|
03/16/70 |
|
79 |
|
282 |
|
Volusia |
|
03/13/70 |
|
1183 |
|
353 |
|
Wakulla |
|
03/24/70 |
|
23 |
|
36 |
|
SEVENTEENTH SUPPLEMENTAL INDENTURE dated November 1, 1970
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
12/15/70 |
|
678 |
|
70 |
|
|
|
01/08/71 |
|
682 |
|
405B |
|
Bay |
|
01/11/71 |
|
321 |
|
565 |
|
Brevard |
|
10/30/91 |
|
3157 |
|
4030 |
|
Citrus |
|
01/07/71 |
|
277 |
|
324 |
|
Columbia |
|
12/16/70 |
|
266 |
|
25 |
|
|
|
01/07/71 |
|
266 |
|
351 |
|
Dixie |
|
01/07/71 |
|
25 |
|
246 |
|
Flagler |
|
10/30/91 |
|
456 |
|
1030 |
|
Franklin |
|
12/15/70 |
|
98 |
|
171 |
|
|
|
01/18/71 |
|
98 |
|
472 |
|
Gadsden |
|
01/07/71 |
|
128 |
|
705 |
|
Gilchrist |
|
01/13/71 |
|
36 |
|
5 |
|
Gulf |
|
12/16/70 |
|
46 |
|
132 |
|
Hamilton |
|
12/16/70 |
|
90 |
|
201 |
|
|
|
01/08/71 |
|
90 |
|
325 |
|
Hardee |
|
12/16/70 |
|
106 |
|
109 |
|
|
|
01/07/71 |
|
107 |
|
15 |
|
Hernando |
|
12/16/70 |
|
246 |
|
299 |
|
|
|
01/13/71 |
|
252 |
|
715 |
|
Highlands |
|
01/11/71 |
|
372 |
|
79 |
|
Hillsborough |
|
01/11/71 |
|
2261 |
|
308 |
|
Jefferson |
|
12/16/70 |
|
41 |
|
467 |
|
Lafayette |
|
01/06/71 |
|
16 |
|
144 |
|
Lake |
|
01/12/71 |
|
421 |
|
742 |
|
Leon |
|
01/14/71 |
|
449 |
|
244 |
|
Levy |
|
01/11/71 |
|
18 |
|
65 |
|
Liberty |
|
12/16/70 |
|
14 |
|
535 |
|
Madison |
|
01/07/71 |
|
56 |
|
911 |
|
Marion |
|
01/11/71 |
|
449 |
|
33 |
|
Orange |
|
01/11/71 |
|
2021 |
|
24 |
|
Osceola |
|
01/29/71 |
|
212 |
|
353 |
|
Pasco |
|
01/08/71 |
|
524 |
|
86 |
|
Pinellas |
|
01/14/71 |
|
3467 |
|
449 |
|
Polk |
|
01/14/71 |
|
1331 |
|
880 |
|
Seminole |
|
01/11/71 |
|
819 |
|
223 |
|
Sumter |
|
01/11/71 |
|
115 |
|
308 |
|
Suwanee |
|
12/17/70 |
|
77 |
|
82 |
|
Taylor |
|
12/17/70 |
|
83 |
|
53 |
|
Volusia |
|
01/11/71 |
|
1257 |
|
142 |
|
Wakulla |
|
01/12/71 |
|
26 |
|
175 |
|
EIGHTEENTH SUPPLEMENTAL INDENTURE dated October 1, 1971
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
11/17/71 |
|
755 |
|
116 |
|
Bay |
|
11/09/71 |
|
351 |
|
33 |
|
Brevard |
|
10/30/91 |
|
3157 |
|
4062 |
|
Citrus |
|
11/16/71 |
|
296 |
|
490 |
|
Columbia |
|
11/15/71 |
|
278 |
|
597 |
|
Dixie |
|
11/09/71 |
|
31 |
|
23 |
|
Flagler |
|
10/30/91 |
|
456 |
|
1062 |
|
Franklin |
|
11/09/71 |
|
103 |
|
278 |
|
Gadsden |
|
11/10/71 |
|
138 |
|
360 |
|
Gilchrist |
|
11/16/71 |
|
39 |
|
92 |
|
Gulf |
|
11/11/71 |
|
49 |
|
107 |
|
Hamilton |
|
11/09/71 |
|
93 |
|
538 |
|
Hardee |
|
11/09/71 |
|
119 |
|
63 |
|
Hernando |
|
11/17/71 |
|
280 |
|
1 |
|
Highlands |
|
11/16/71 |
|
393 |
|
578 |
|
Hillsborough |
|
11/17/71 |
|
2393 |
|
263 |
|
Jefferson |
|
11/11/71 |
|
45 |
|
135 |
|
Lafayette |
|
11/09/71 |
|
19 |
|
91 |
|
Lake |
|
11/16/71 |
|
447 |
|
834 |
|
Leon |
|
11/12/71 |
|
496 |
|
190 |
|
Levy |
|
11/16/71 |
|
26 |
|
748 |
|
Liberty |
|
11/10/71 |
|
16 |
|
108 |
|
Madison |
|
11/11/71 |
|
61 |
|
220 |
|
Marion |
|
11/16/71 |
|
487 |
|
239 |
|
Orange |
|
11/18/71 |
|
2144 |
|
179 |
|
Osceola |
|
11/10/71 |
|
229 |
|
360 |
|
Pasco |
|
11/12/71 |
|
569 |
|
344 |
|
Pinellas |
|
11/09/71 |
|
3659 |
|
630 |
|
Polk |
|
11/16/71 |
|
1400 |
|
1 |
|
Seminole |
|
11/16/71 |
|
892 |
|
460 |
|
Sumter |
|
11/09/71 |
|
123 |
|
457 |
|
Suwanee |
|
11/12/71 |
|
86 |
|
28 |
|
Taylor |
|
11/09/71 |
|
87 |
|
706 |
|
Volusia |
|
11/09/71 |
|
1352 |
|
118 |
|
Wakulla |
|
11/16/71 |
|
30 |
|
218 |
|
NINETEENTH SUPPLEMENTAL INDENTURE dated June 1, 1971
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
07/31/72 |
|
797 |
|
81 |
|
Bay |
|
07/31/72 |
|
378 |
|
483 |
|
Brevard |
|
10/30/91 |
|
3157 |
|
4079 |
|
Citrus |
|
08/01/72 |
|
314 |
|
557 |
|
Columbia |
|
07/31/72 |
|
290 |
|
418 |
|
Dixie |
|
07/31/72 |
|
35 |
|
44 |
|
Flagler |
|
10/30/91 |
|
456 |
|
1079 |
|
Franklin |
|
07/31/72 |
|
107 |
|
442 |
|
Gadsden |
|
07/31/72 |
|
147 |
|
296 |
|
Gilchrist |
|
07/31/72 |
|
41 |
|
148 |
|
Gulf |
|
07/31/72 |
|
51 |
|
371 |
|
Hamilton |
|
07/31/72 |
|
96 |
|
573 |
|
Hardee |
|
07/31/72 |
|
130 |
|
35 |
|
Hernando |
|
07/31/72 |
|
295 |
|
702 |
|
Highlands |
|
07/31/72 |
|
409 |
|
578 |
|
Hillsborough |
|
07/31/72 |
|
2518 |
|
15 |
|
Jefferson |
|
07/31/72 |
|
48 |
|
389 |
|
Lafayette |
|
08/04/72 |
|
22 |
|
70 |
|
Lake |
|
08/02/72 |
|
474 |
|
134 |
|
Leon |
|
08/02/72 |
|
537 |
|
763 |
|
Levy |
|
08/02/72 |
|
35 |
|
5 |
|
Liberty |
|
08/03/72 |
|
17 |
|
319 |
|
Madison |
|
08/03/72 |
|
65 |
|
120 |
|
Marion |
|
08/02/72 |
|
521 |
|
427 |
|
Orange |
|
08/03/72 |
|
2259 |
|
950 |
|
Osceola |
|
08/02/72 |
|
245 |
|
626 |
|
Pasco |
|
08/03/72 |
|
619 |
|
487 |
|
Pinellas |
|
08/02/72 |
|
3846 |
|
454 |
|
Polk |
|
08/02/72 |
|
1467 |
|
276 |
|
Seminole |
|
08/03/72 |
|
948 |
|
1035 |
|
Sumter |
|
08/02/72 |
|
131 |
|
348 |
|
Suwanee |
|
08/02/72 |
|
93 |
|
785 |
|
Taylor |
|
08/03/72 |
|
92 |
|
198 |
|
Volusia |
|
08/02/72 |
|
1456 |
|
420 |
|
Wakulla |
|
08/03/72 |
|
33 |
|
147 |
|
TWENTIETH SUPPLEMENTAL INDENTURE dated November 1, 1972
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
01/22/73 |
|
818 |
|
709 |
|
Bay |
|
01/22/73 |
|
400 |
|
226 |
|
Brevard |
|
10/30/91 |
|
3157 |
|
4096 |
|
Citrus |
|
01/22/73 |
|
328 |
|
152 |
|
Columbia |
|
01/22/73 |
|
298 |
|
244 |
|
Dixie |
|
01/22/73 |
|
38 |
|
92 |
|
Flagler |
|
10/30/91 |
|
456 |
|
1096 |
|
Franklin |
|
01/22/73 |
|
110 |
|
446 |
|
Gadsden |
|
01/22/73 |
|
154 |
|
117 |
|
Gilchrist |
|
01/22/73 |
|
42 |
|
685 |
|
Gulf |
|
01/22/73 |
|
52 |
|
813 |
|
Hamilton |
|
01/22/73 |
|
99 |
|
270 |
|
Hardee |
|
01/22/73 |
|
138 |
|
88 |
|
Hernando |
|
01/22/73 |
|
306 |
|
325 |
|
Highlands |
|
01/22/73 |
|
422 |
|
5 |
|
Hillsborough |
|
01/22/73 |
|
2612 |
|
659 |
|
Jefferson |
|
01/23/73 |
|
50 |
|
632 |
|
Lafayette |
|
01/22/73 |
|
23 |
|
338 |
|
Lake |
|
01/22/73 |
|
492 |
|
696 |
|
Leon |
|
01/25/73 |
|
567 |
|
238 |
|
Levy |
|
01/22/73 |
|
40 |
|
755 |
|
Liberty |
|
01/23/73 |
|
18 |
|
51 |
|
Madison |
|
01/23/73 |
|
67 |
|
413 |
|
Marion |
|
01/22/73 |
|
546 |
|
125 |
|
Orange |
|
01/22/73 |
|
2345 |
|
569 |
|
Osceola |
|
01/24/73 |
|
256 |
|
564 |
|
Pasco |
|
01/22/73 |
|
654 |
|
281 |
|
Pinellas |
|
01/23/73 |
|
3980 |
|
788 |
|
Polk |
|
01/24/73 |
|
1514 |
|
854 |
|
Seminole |
|
01/22/73 |
|
136 |
|
696 |
|
Sumter |
|
01/22/73 |
|
136 |
|
696 |
|
Suwanee |
|
01/22/73 |
|
98 |
|
583 |
|
Taylor |
|
01/22/73 |
|
95 |
|
99 |
|
Volusia |
|
01/22/73 |
|
1533 |
|
327 |
|
Wakulla |
|
01/26/73 |
|
35 |
|
266 |
|
TWENTY-FIRST SUPPLEMENTAL INDENTURE dated June 1, 1973
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
08/30/73 |
|
850 |
|
668 |
|
Bay |
|
08/30/73 |
|
431 |
|
401 |
|
Brevard |
|
10/30/91 |
|
3157 |
|
4126 |
|
Citrus |
|
08/31/73 |
|
349 |
|
609 |
|
Columbia |
|
08/30/73 |
|
309 |
|
245 |
|
Dixie |
|
08/30/73 |
|
41 |
|
473 |
|
Flagler |
|
10/30/91 |
|
456 |
|
1126 |
|
Franklin |
|
08/31/73 |
|
115 |
|
120 |
|
Gadsden |
|
08/31/73 |
|
164 |
|
90 |
|
Gilchrist |
|
08/31/73 |
|
45 |
|
387 |
|
Gulf |
|
09/04/73 |
|
54 |
|
736 |
|
Hamilton |
|
09/04/73 |
|
104 |
|
250 |
|
Hardee |
|
08/31/73 |
|
149 |
|
295 |
|
Hernando |
|
08/31/73 |
|
321 |
|
479 |
|
Highlands |
|
08/31/73 |
|
442 |
|
961 |
|
Hillsborough |
|
08/31/73 |
|
2740 |
|
278 |
|
Jefferson |
|
08/31/73 |
|
54 |
|
591 |
|
Lafayette |
|
09/07/73 |
|
26 |
|
73 |
|
Lake |
|
08/31/73 |
|
520 |
|
70 |
|
Leon |
|
09/06/73 |
|
609 |
|
543 |
|
Levy |
|
09/05/73 |
|
50 |
|
741 |
|
Liberty |
|
08/31/73 |
|
19 |
|
111 |
|
Madison |
|
08/31/73 |
|
71 |
|
22 |
|
Marion |
|
09/04/73 |
|
585 |
|
491 |
|
Orange |
|
09/07/73 |
|
2448 |
|
1009 |
|
Osceola |
|
09/06/73 |
|
272 |
|
204 |
|
Pasco |
|
09/04/73 |
|
707 |
|
613 |
|
Pinellas |
|
08/31/73 |
|
4073 |
|
767 |
|
Polk |
|
08/31/73 |
|
1550 |
|
1341 |
|
Seminole |
|
09/04/73 |
|
993 |
|
0048 |
|
Sumter |
|
08/31/73 |
|
144 |
|
265 |
|
Suwanee |
|
09/04/73 |
|
106 |
|
192 |
|
Taylor |
|
08/31/73 |
|
99 |
|
444 |
|
Volusia |
|
08/31/73 |
|
1647 |
|
440 |
|
Wakulla |
|
08/31/73 |
|
38 |
|
458 |
|
TWENTY-SECOND SUPPLEMENTAL INDENTURE dated December 1, 1973
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
02/28/74 |
|
876 |
|
74 |
|
Bay |
|
02/28/74 |
|
457 |
|
572 |
|
Brevard |
|
10/30/91 |
|
3157 |
|
4155 |
|
Citrus |
|
03/18/74 |
|
365 |
|
200 |
|
Columbia |
|
03/01/74 |
|
319 |
|
179 |
|
Dixie |
|
02/28/74 |
|
44 |
|
149 |
|
Flagler |
|
10/30/91 |
|
456 |
|
1155 |
|
Franklin |
|
03/01/74 |
|
119 |
|
14 |
|
Gadsden |
|
03/01/74 |
|
171 |
|
264 |
|
Gilchrist |
|
02/28/74 |
|
48 |
|
25 |
|
Gulf |
|
03/01/74 |
|
56 |
|
427 |
|
Hamilton |
|
03/01/74 |
|
109 |
|
89 |
|
Hardee |
|
02/28/74 |
|
158 |
|
140 |
|
Hernando |
|
02/28/74 |
|
333 |
|
455 |
|
Highlands |
|
02/28/74 |
|
458 |
|
394 |
|
Hillsborough |
|
02/28/74 |
|
2842 |
|
642 |
|
Jefferson |
|
03/01/74 |
|
58 |
|
5 |
|
Lafayette |
|
03/01/74 |
|
28 |
|
34 |
|
Lake |
|
03/04/74 |
|
540 |
|
77 |
|
Leon |
|
03/01/74 |
|
638 |
|
672 |
|
Levy |
|
02/28/74 |
|
57 |
|
769 |
|
Liberty |
|
03/01/74 |
|
20 |
|
54 |
|
Madison |
|
03/01/74 |
|
73 |
|
545 |
|
Marion |
|
02/28/74 |
|
617 |
|
19 |
|
Orange |
|
02/28/74 |
|
2504 |
|
1707 |
|
Osceola |
|
03/01/74 |
|
284 |
|
344 |
|
Pasco |
|
03/01/74 |
|
739 |
|
1360 |
|
Pinellas |
|
02/28/74 |
|
4141 |
|
1397 |
|
Polk |
|
02/28/74 |
|
1578 |
|
1983 |
|
Seminole |
|
03/04/74 |
|
1010 |
|
1601 |
|
Sumter |
|
03/01/74 |
|
150 |
|
278 |
|
Suwanee |
|
03/04/74 |
|
111 |
|
766 |
|
Taylor |
|
03/04/74 |
|
102 |
|
694 |
|
Volusia |
|
03/04/74 |
|
1712 |
|
645 |
|
Wakulla |
|
03/05/74 |
|
40 |
|
626 |
|
TWENTY-THIRD SUPPLEMENTAL INDENTURE dated October 1, 1976
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
11/29/76 |
|
1035 |
|
716 |
|
Bay |
|
11/29/76 |
|
600 |
|
687 |
|
Brevard |
|
10/30/91 |
|
3157 |
|
4184 |
|
Citrus |
|
12/08/76 |
|
448 |
|
668 |
|
Columbia |
|
12/03/76 |
|
370 |
|
898 |
|
Dixie |
|
11/29/76 |
|
56 |
|
160 |
|
Flagler |
|
10/30/91 |
|
456 |
|
1184 |
|
Franklin |
|
11/29/76 |
|
136 |
|
420 |
|
Gadsden |
|
12/06/76 |
|
219 |
|
533 |
|
Gilchrist |
|
11/30/76 |
|
62 |
|
464 |
|
Gulf |
|
11/30/76 |
|
68 |
|
753 |
|
Hamilton |
|
11/30/76 |
|
131 |
|
855 |
|
Hardee |
|
11/29/76 |
|
212 |
|
10 |
|
Hernando |
|
12/03/76 |
|
397 |
|
623 |
|
Highlands |
|
11/29/76 |
|
535 |
|
951 |
|
Hillsborough |
|
11/29/76 |
|
3181 |
|
1281 |
|
Jefferson |
|
11/29/76 |
|
75 |
|
198 |
|
Lafayette |
|
11/29/76 |
|
36 |
|
422 |
|
Lake |
|
12/06/76 |
|
620 |
|
66 |
|
Leon |
|
11/30/76 |
|
823 |
|
723 |
|
Levy |
|
11/29/76 |
|
98 |
|
32 |
|
Liberty |
|
11/29/76 |
|
25 |
|
104 |
|
Madison |
|
12/06/76 |
|
89 |
|
124 |
|
Marion |
|
12/08/76 |
|
779 |
|
258 |
|
Orange |
|
12/06/76 |
|
2745 |
|
889 |
|
Osceola |
|
11/30/76 |
|
345 |
|
524 |
|
Pasco |
|
12/03/76 |
|
867 |
|
1165 |
|
Pinellas |
|
12/03/76 |
|
4484 |
|
1651 |
|
Polk |
|
11/29/76 |
|
1720 |
|
2000 |
|
Seminole |
|
12/06/76 |
|
1105 |
|
1137 |
|
Sumter |
|
11/30/76 |
|
181 |
|
97 |
|
Suwanee |
|
11/29/76 |
|
146 |
|
437 |
|
Taylor |
|
11/30/76 |
|
123 |
|
111 |
|
Volusia |
|
12/06/76 |
|
1872 |
|
1438 |
|
Wakulla |
|
12/07/76 |
|
53 |
|
837 |
|
TWENTY-FOURTH SUPPLEMENTAL INDENTURE dated April 1, 1979
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
06/11/79 |
|
1212 |
|
956 |
|
Bay |
|
06/12/79 |
|
734 |
|
343 |
|
Brevard |
|
10/30/91 |
|
3157 |
|
4212 |
|
Citrus |
|
06/12/79 |
|
538 |
|
1687 |
|
Columbia |
|
06/14/79 |
|
429 |
|
139 |
|
Dixie |
|
06/12/79 |
|
68 |
|
122 |
|
Flagler |
|
10/30/91 |
|
456 |
|
1212 |
|
Franklin |
|
06/13/79 |
|
159 |
|
186 |
|
Gadsden |
|
06/13/79 |
|
259 |
|
396 |
|
Gilchrist |
|
06/12/79 |
|
77 |
|
260 |
|
Gulf |
|
06/14/79 |
|
78 |
|
174 |
|
Hamilton |
|
06/12/79 |
|
142 |
|
859 |
|
Hardee |
|
06/12/79 |
|
245 |
|
558 |
|
Hernando |
|
06/12/79 |
|
443 |
|
17 |
|
Highlands |
|
06/13/79 |
|
620 |
|
77 |
|
Hillsborough |
|
06/12/79 |
|
3523 |
|
1162 |
|
Jefferson |
|
06/13/79 |
|
93 |
|
685 |
|
Lafayette |
|
06/13/79 |
|
44 |
|
496 |
|
Lake |
|
06/12/79 |
|
678 |
|
266 |
|
Leon |
|
06/15/79 |
|
931 |
|
526 |
|
Levy |
|
06/12/79 |
|
141 |
|
163 |
|
Liberty |
|
06/13/79 |
|
30 |
|
394 |
|
Madison |
|
06/13/79 |
|
108 |
|
655 |
|
Marion |
|
06/13/79 |
|
976 |
|
451 |
|
Orange |
|
06/13/79 |
|
3018 |
|
812 |
|
Osceola |
|
06/12/79 |
|
438 |
|
115 |
|
Pasco |
|
06/14/79 |
|
1013 |
|
126 |
|
Pinellas |
|
06/12/79 |
|
4867 |
|
291 |
|
Polk |
|
06/12/79 |
|
1881 |
|
2012 |
|
Seminole |
|
06/12/79 |
|
1228 |
|
606 |
|
Sumter |
|
06/12/79 |
|
216 |
|
642 |
|
Suwanee |
|
06/12/79 |
|
184 |
|
514 |
|
Taylor |
|
06/13/79 |
|
145 |
|
686 |
|
Volusia |
|
06/12/79 |
|
2082 |
|
1430 |
|
Wakulla |
|
06/13/79 |
|
69 |
|
884 |
|
TWENTY-FIFTH SUPPLEMENTAL INDENTURE dated April 1, 1980
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
07/25/80 |
|
1290 |
|
319 |
|
Bay |
|
07/25/80 |
|
794 |
|
596 |
|
Brevard |
|
10/30/91 |
|
3157 |
|
4238 |
|
Citrus |
|
07/28/80 |
|
560 |
|
2030 |
|
Columbia |
|
07/24/80 |
|
451 |
|
126 |
|
Dixie |
|
07/24/80 |
|
73 |
|
220 |
|
Flagler |
|
10/30/91 |
|
456 |
|
1238 |
|
Franklin |
|
07/28/80 |
|
169 |
|
589 |
|
Gadsden |
|
07/25/80 |
|
275 |
|
649 |
|
Gilchrist |
|
07/24/80 |
|
84 |
|
551 |
|
Gulf |
|
07/28/80 |
|
82 |
|
290 |
|
Hamilton |
|
07/25/80 |
|
148 |
|
774 |
|
Hardee |
|
07/25/80 |
|
257 |
|
823 |
|
Hernando |
|
07/24/80 |
|
465 |
|
441 |
|
Highlands |
|
07/29/80 |
|
658 |
|
523 |
|
Hillsborough |
|
07/24/80 |
|
3684 |
|
411 |
|
Jefferson |
|
07/25/80 |
|
101 |
|
387 |
|
Lafayette |
|
07/24/80 |
|
47 |
|
586 |
|
Lake |
|
07/24/80 |
|
705 |
|
977 |
|
Leon |
|
07/25/80 |
|
966 |
|
426 |
|
Levy |
|
07/25/80 |
|
161 |
|
478 |
|
Liberty |
|
07/25/80 |
|
32 |
|
981 |
|
Madison |
|
07/28/80 |
|
117 |
|
572 |
|
Marion |
|
07/28/80 |
|
1027 |
|
1141 |
|
Orange |
|
07/25/80 |
|
3127 |
|
1401 |
|
Osceola |
|
07/30/80 |
|
489 |
|
198 |
|
Pasco |
|
07/25/80 |
|
1077 |
|
1362 |
|
Pinellas |
|
06/24/80 |
|
5038 |
|
2013 |
|
Polk |
|
07/25/80 |
|
1956 |
|
1808 |
|
Seminole |
|
07/28/80 |
|
1288 |
|
1105 |
|
Sumter |
|
07/25/80 |
|
233 |
|
598 |
|
Suwanee |
|
07/29/80 |
|
200 |
|
618 |
|
Taylor |
|
07/28/80 |
|
156 |
|
740 |
|
Volusia |
|
07/25/80 |
|
2185 |
|
587 |
|
Wakulla |
|
07/28/80 |
|
76 |
|
879 |
|
TWENTY-SIXTH SUPPLEMENTAL INDENTURE dated November 1, 1980
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
01/27/81 |
|
1326 |
|
527 |
|
Bay |
|
01/26/81 |
|
823 |
|
570 |
|
Brevard |
|
10/30/91 |
|
3157 |
|
4267 |
|
Citrus |
|
01/28/81 |
|
570 |
|
1391 |
|
Columbia |
|
01/27/81 |
|
461 |
|
435 |
|
Dixie |
|
01/23/81 |
|
75 |
|
785 |
|
Flagler |
|
10/30/91 |
|
456 |
|
1267 |
|
Franklin |
|
01/27/81 |
|
174 |
|
320 |
|
Gadsden |
|
01/26/81 |
|
282 |
|
356 |
|
Gilchrist |
|
01/23/81 |
|
87 |
|
484 |
|
Gulf |
|
01/26/81 |
|
84 |
|
307 |
|
Hamilton |
|
01/26/81 |
|
151 |
|
44 |
|
Hardee |
|
01/27/81 |
|
264 |
|
214 |
|
Hernando |
|
01/26/81 |
|
476 |
|
916 |
|
Highlands |
|
01/26/81 |
|
676 |
|
12 |
|
Hillsborough |
|
01/26/81 |
|
3760 |
|
1223 |
|
Jefferson |
|
01/26/81 |
|
104 |
|
658 |
|
Lafayette |
|
01/27/81 |
|
49 |
|
175 |
|
Lake |
|
01/27/81 |
|
717 |
|
2439 |
|
Leon |
|
01/30/81 |
|
983 |
|
1982 |
|
Levy |
|
01/26/81 |
|
169 |
|
716 |
|
Liberty |
|
01/26/81 |
|
33 |
|
875 |
|
Madison |
|
01/27/81 |
|
121 |
|
535 |
|
Marion |
|
01/26/81 |
|
1051 |
|
47 |
|
Orange |
|
01/26/81 |
|
3167 |
|
2388 |
|
Osceola |
|
01/28/81 |
|
512 |
|
78 |
|
Pasco |
|
01/26/81 |
|
1108 |
|
1247 |
|
Pinellas |
|
12/31/80 |
|
5128 |
|
1781 |
|
Polk |
|
01/27/81 |
|
1994 |
|
436 |
|
Seminole |
|
01/27/81 |
|
1317 |
|
775 |
|
Sumter |
|
01/26/81 |
|
241 |
|
211 |
|
Suwanee |
|
01/27/81 |
|
209 |
|
696 |
|
Taylor |
|
01/26/81 |
|
161 |
|
461 |
|
Volusia |
|
01/26/81 |
|
2236 |
|
1396 |
|
Wakulla |
|
01/26/81 |
|
79 |
|
837 |
|
TWENTY-SEVENTH SUPPLEMENTAL INDENTURE dated November 15, 1980
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
02/10/81 |
|
1328 |
|
880 |
|
Bay |
|
02/10/81 |
|
825 |
|
667 |
|
Brevard |
|
10/30/91 |
|
3157 |
|
4295 |
|
Citrus |
|
02/13/81 |
|
571 |
|
1236 |
|
Columbia |
|
02/09/81 |
|
462 |
|
275 |
|
Dixie |
|
02/09/81 |
|
76 |
|
147 |
|
Flagler |
|
10/30/91 |
|
456 |
|
1295 |
|
Franklin |
|
02/11/81 |
|
174 |
|
590 |
|
Gadsden |
|
02/11/81 |
|
283 |
|
105 |
|
Gilchrist |
|
02/13/81 |
|
88 |
|
100 |
|
Gulf |
|
02/17/81 |
|
84 |
|
561 |
|
Hamilton |
|
02/11/81 |
|
151 |
|
256 |
|
Hardee |
|
02/11/81 |
|
264 |
|
618 |
|
Hernando |
|
02/10/81 |
|
477 |
|
904 |
|
Highlands |
|
02/11/81 |
|
677 |
|
519 |
|
Hillsborough |
|
02/10/81 |
|
3766 |
|
35 |
|
Jefferson |
|
02/12/81 |
|
105 |
|
318 |
|
Lafayette |
|
02/10/81 |
|
49 |
|
299 |
|
Lake |
|
02/10/81 |
|
718 |
|
2428 |
|
Leon |
|
02/18/81 |
|
985 |
|
1655 |
|
Levy |
|
02/12/81 |
|
170 |
|
567 |
|
Liberty |
|
02/12/81 |
|
34 |
|
94 |
|
Madison |
|
02/11/81 |
|
122 |
|
47 |
|
Marion |
|
02/10/81 |
|
1052 |
|
1660 |
|
Orange |
|
02/11/81 |
|
3171 |
|
1797 |
|
Osceola |
|
02/13/81 |
|
514 |
|
336 |
|
Pasco |
|
02/10/81 |
|
1111 |
|
307 |
|
Pinellas |
|
02/10/81 |
|
5147 |
|
951 |
|
Polk |
|
02/11/81 |
|
1997 |
|
527 |
|
Seminole |
|
02/11/81 |
|
1319 |
|
1660 |
|
Sumter |
|
02/11/81 |
|
241 |
|
746 |
|
Suwanee |
|
02/11/81 |
|
210 |
|
652 |
|
Taylor |
|
02/11/81 |
|
161 |
|
793 |
|
Volusia |
|
02/10/81 |
|
2241 |
|
333 |
|
Wakulla |
|
02/11/81 |
|
80 |
|
188 |
|
TWENTY-EIGHTH SUPPLEMENTAL INDENTURE dated May 1, 1981
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
06/08/81 |
|
1351 |
|
161 |
|
Bay |
|
07/20/81 |
|
853 |
|
623 |
|
Brevard |
|
10/30/91 |
|
3157 |
|
4321 |
|
Citrus |
|
06/08/81 |
|
578 |
|
919 |
|
Columbia |
|
06/08/81 |
|
469 |
|
507 |
|
Dixie |
|
06/09/81 |
|
78 |
|
172 |
|
Flagler |
|
10/30/91 |
|
456 |
|
1321 |
|
Franklin |
|
06/10/81 |
|
178 |
|
166 |
|
Gadsden |
|
06/08/81 |
|
286 |
|
1847 |
|
Gilchrist |
|
06/05/81 |
|
90 |
|
526 |
|
Gulf |
|
06/09/81 |
|
85 |
|
881 |
|
Hamilton |
|
06/08/81 |
|
152 |
|
776 |
|
Hardee |
|
06/05/81 |
|
267 |
|
797 |
|
Hernando |
|
06/05/81 |
|
484 |
|
1645 |
|
Highlands |
|
06/05/81 |
|
689 |
|
338 |
|
Hillsborough |
|
06/05/81 |
|
3814 |
|
700 |
|
Jefferson |
|
06/09/81 |
|
107 |
|
352 |
|
Lafayette |
|
06/05/81 |
|
50 |
|
758 |
|
Lake |
|
06/08/81 |
|
727 |
|
209 |
|
Leon |
|
06/08/81 |
|
996 |
|
1780 |
|
Levy |
|
06/08/81 |
|
176 |
|
81 |
|
Liberty |
|
06/12/81 |
|
34 |
|
859 |
|
Madison |
|
06/08/81 |
|
125 |
|
615 |
|
Marion |
|
06/05/81 |
|
1068 |
|
1824 |
|
Orange |
|
06/08/81 |
|
3199 |
|
783 |
|
Osceola |
|
06/09/81 |
|
532 |
|
1 |
|
Pasco |
|
06/05/81 |
|
1132 |
|
1007 |
|
Pinellas |
|
06/05/81 |
|
5201 |
|
1902 |
|
Polk |
|
06/12/81 |
|
2022 |
|
642 |
|
Seminole |
|
06/08/81 |
|
1340 |
|
894 |
|
Sumter |
|
06/05/81 |
|
246 |
|
210 |
|
Suwanee |
|
06/05/81 |
|
217 |
|
153 |
|
Taylor |
|
06/09/81 |
|
165 |
|
536 |
|
Volusia |
|
06/05/81 |
|
2272 |
|
1296 |
|
Wakulla |
|
06/08/81 |
|
82 |
|
500 |
|
TWENTY-NINTH SUPPLEMENTAL INDENTURE dated September 1, 1982
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
10/06/82 |
|
1440 |
|
284 |
|
Bay |
|
10/08/82 |
|
912 |
|
523 |
|
Brevard |
|
10/30/91 |
|
3157 |
|
4348 |
|
Citrus |
|
10/07/82 |
|
604 |
|
1403 |
|
Columbia |
|
10/06/82 |
|
498 |
|
260 |
|
Dixie |
|
10/07/82 |
|
85 |
|
2 |
|
Flagler |
|
10/30/91 |
|
456 |
|
1348 |
|
Franklin |
|
10/11/82 |
|
191 |
|
239 |
|
Gadsden |
|
10/08/82 |
|
297 |
|
266 |
|
Gilchrist |
|
10/07/82 |
|
98 |
|
657 |
|
Gulf |
|
10/07/82 |
|
91 |
|
125 |
|
Hamilton |
|
10/06/82 |
|
159 |
|
396 |
|
Hardee |
|
10/07/82 |
|
281 |
|
339 |
|
Hernando |
|
10/06/82 |
|
510 |
|
1386 |
|
Highlands |
|
10/08/82 |
|
733 |
|
571 |
|
Hillsborough |
|
10/06/82 |
|
4009 |
|
985 |
|
Jefferson |
|
10/08/82 |
|
115 |
|
766 |
|
Lafayette |
|
0/06/82 |
|
55 |
|
163 |
|
Lake |
|
10/08/82 |
|
759 |
|
836 |
|
Leon |
|
10/07/82 |
|
1041 |
|
20 |
|
Levy |
|
10/06/82 |
|
198 |
|
511 |
|
Liberty |
|
10/07/82 |
|
38 |
|
218 |
|
Madison |
|
10/07/82 |
|
136 |
|
685 |
|
Marion |
|
10/06/82 |
|
1128 |
|
717 |
|
Orange |
|
10/07/82 |
|
3316 |
|
738 |
|
Osceola |
|
10/11/82 |
|
606 |
|
68 |
|
Pasco |
|
10/06/82 |
|
1212 |
|
1279 |
|
Pinellas |
|
10/07/82 |
|
5411 |
|
1407 |
|
Polk |
|
10/07/82 |
|
2110 |
|
93 |
|
Seminole |
|
10/06/82 |
|
1416 |
|
535 |
|
Sumter |
|
10/06/82 |
|
263 |
|
631 |
|
Suwanee |
|
10/06/82 |
|
238 |
|
524 |
|
Taylor |
|
10/07/82 |
|
178 |
|
879 |
|
Volusia |
|
10/06/82 |
|
2391 |
|
1879 |
|
Wakulla |
|
10/07/82 |
|
91 |
|
306 |
|
THIRTIETH SUPPLEMENTAL INDENTURE dated October 1, 1982
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
12/02/82 |
|
1450 |
|
90 |
|
Bay |
|
12/06/82 |
|
916 |
|
1538 |
|
Brevard |
|
10/30/91 |
|
3157 |
|
4364 |
|
Citrus |
|
12/03/82 |
|
607 |
|
1034 |
|
Columbia |
|
12/06/82 |
|
501 |
|
729 |
|
Dixie |
|
12/06/82 |
|
86 |
|
49 |
|
Flagler |
|
10/30/91 |
|
456 |
|
1364 |
|
Franklin |
|
12/07/82 |
|
192 |
|
448 |
|
Gadsden |
|
12/06/82 |
|
298 |
|
608 |
|
Gilchrist |
|
12/03/82 |
|
100 |
|
18 |
|
Gulf |
|
12/07/82 |
|
91 |
|
744 |
|
Hamilton |
|
12/06/82 |
|
160 |
|
118 |
|
Hardee |
|
12/08/82 |
|
283 |
|
11 |
|
Hernando |
|
12/03/82 |
|
513 |
|
992 |
|
Highlands |
|
12/07/82 |
|
738 |
|
221 |
|
Hillsborough |
|
12/03/82 |
|
4033 |
|
293 |
|
Jefferson |
|
12/06/82 |
|
117 |
|
9 |
|
Lafayette |
|
12/06/82 |
|
55 |
|
444 |
|
Lake |
|
12/03/82 |
|
763 |
|
19 |
|
Leon |
|
12/07/82 |
|
1047 |
|
812 |
|
Levy |
|
12/06/82 |
|
201 |
|
136 |
|
Liberty |
|
12/08/82 |
|
38 |
|
547 |
|
Madison |
|
12/07/82 |
|
137 |
|
808 |
|
Marion |
|
12/07/82 |
|
1135 |
|
1015 |
|
Orange |
|
12/06/82 |
|
3330 |
|
2301 |
|
Osceola |
|
12/09/82 |
|
615 |
|
721 |
|
Pasco |
|
12/06/82 |
|
1222 |
|
1592 |
|
Pinellas |
|
11/23/82 |
|
5434 |
|
229 |
|
Polk |
|
12/08/82 |
|
2121 |
|
118 |
|
Seminole |
|
12/06/82 |
|
1425 |
|
1476 |
|
Sumter |
|
12/06/82 |
|
265 |
|
768 |
|
Suwanee |
|
12/07/82 |
|
240 |
|
699 |
|
Taylor |
|
12/06/82 |
|
180 |
|
189 |
|
Volusia |
|
12/06/82 |
|
2406 |
|
460 |
|
Wakulla |
|
12/06/82 |
|
92 |
|
272 |
|
THIRTY-FIRST SUPPLEMENTAL INDENTURE dated November 1, 1991
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
12/05/91 |
|
1836 |
|
2215 |
|
Bay |
|
12/04/91 |
|
1347 |
|
1335 |
|
Brevard |
|
12/05/91 |
|
3165 |
|
1204 |
|
Citrus |
|
12/04/91 |
|
917 |
|
725 |
|
Columbia |
|
12/04/91 |
|
753 |
|
1847 |
|
Dixie |
|
12/09/91 |
|
156 |
|
90 |
|
Flagler |
|
12/04/91 |
|
458 |
|
1266 |
|
Franklin |
|
12/04/91 |
|
364 |
|
11 |
|
Gadsden |
|
12/04/91 |
|
386 |
|
1240 |
|
Gilchrist |
|
12/09/91 |
|
182 |
|
573 |
|
Gulf |
|
12/04/91 |
|
148 |
|
72 |
|
Hamilton |
|
12/04/91 |
|
294 |
|
236 |
|
Hardee |
|
12/04/91 |
|
420 |
|
322 |
|
Hernando |
|
12/03/91 |
|
843 |
|
1139 |
|
Highlands |
|
12/03/91 |
|
1161 |
|
1860 |
|
Hillsborough |
|
12/04/91 |
|
6449 |
|
1412 |
|
Jefferson |
|
12/04/91 |
|
225 |
|
39 |
|
Lafayette |
|
12/05/91 |
|
87 |
|
430 |
|
Lake |
|
12/04/91 |
|
1138 |
|
1083 |
|
Leon |
|
12/04/91 |
|
1530 |
|
452 |
|
Levy |
|
12/05/91 |
|
446 |
|
454 |
|
Liberty |
|
12/04/91 |
|
68 |
|
508 |
|
Madison |
|
12/04/91 |
|
258 |
|
173 |
|
Marion |
|
12/04/91 |
|
1787 |
|
161 |
|
Orange |
|
12/06/91 |
|
4352 |
|
22 |
|
Osceola |
|
12/05/91 |
|
1042 |
|
587 |
|
Pasco |
|
12/03/91 |
|
2071 |
|
503 |
|
Pinellas |
|
11/13/91 |
|
7731 |
|
740 |
|
Polk |
|
12/06/91 |
|
3041 |
|
1252 |
|
Seminole |
|
12/05/91 |
|
2364 |
|
1942 |
|
Sumter |
|
12/03/91 |
|
443 |
|
254 |
|
Suwanee |
|
12/05/91 |
|
423 |
|
515 |
|
Taylor |
|
12/04/91 |
|
296 |
|
232 |
|
Volusia |
|
12/09/91 |
|
3712 |
|
968 |
|
Wakulla |
|
12/05/91 |
|
185 |
|
524 |
|
THIRTY-SECOND SUPPLEMENTAL INDENTURE dated December 1, 1992
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
12/30/92 |
|
1888 |
|
2338 |
|
Bay |
|
12/30/92 |
|
1410 |
|
42 |
|
Brevard |
|
12/29/92 |
|
3256 |
|
2503 |
|
Citrus |
|
12/29/92 |
|
965 |
|
231 |
|
Columbia |
|
12/30/92 |
|
769 |
|
532 |
|
Dixie |
|
12/30/92 |
|
165 |
|
484 |
|
Flagler |
|
12/30/92 |
|
480 |
|
212 |
|
Franklin |
|
12/30/92 |
|
399 |
|
1 |
|
Gadsden |
|
12/30/92 |
|
399 |
|
1762 |
|
Gilchrist |
|
12/30/92 |
|
194 |
|
693 |
|
Gulf |
|
01/06/93 |
|
157 |
|
343 |
|
Hamilton |
|
12/29/92 |
|
314 |
|
215 |
|
Hardee |
|
12/31/92 |
|
439 |
|
211 |
|
Hernando |
|
12/29/92 |
|
894 |
|
688 |
|
Highlands |
|
12/29/92 |
|
1200 |
|
1665 |
|
Hillsborough |
|
12/30/92 |
|
6838 |
|
810 |
|
Jefferson |
|
12/30/92 |
|
250 |
|
196 |
|
Lafayette |
|
12/30/92 |
|
92 |
|
129 |
|
Lake |
|
12/30/92 |
|
1203 |
|
323 |
|
Leon |
|
01/07/93 |
|
1611 |
|
2296 |
|
Levy |
|
12/29/92 |
|
479 |
|
312 |
|
Liberty |
|
12/30/92 |
|
73 |
|
427 |
|
Madison |
|
12/30/92 |
|
292 |
|
205 |
|
Marion |
|
12/29/92 |
|
1888 |
|
1815 |
|
Orange |
|
12/30/92 |
|
4506 |
|
2985 |
|
Osceola |
|
12/31/92 |
|
1102 |
|
2325 |
|
Pasco |
|
12/29/92 |
|
3101 |
|
950 |
|
Pinellas |
|
12/15/92 |
|
8120 |
|
1705 |
|
Polk |
|
12/31/92 |
|
3185 |
|
899 |
|
Seminole |
|
12/29/92 |
|
2525 |
|
1408 |
|
Sumter |
|
12/29/92 |
|
471 |
|
468 |
|
Suwanee |
|
12/29/92 |
|
449 |
|
469 |
|
Taylor |
|
01/21/93 |
|
313 |
|
221 |
|
Volusia |
|
12/30/92 |
|
3797 |
|
1647 |
|
Wakulla |
|
12/31/92 |
|
204 |
|
765 |
|
THIRTY-THIRD SUPPLEMENTAL INDENTURE dated December 1, 1992
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
12/30/92 |
|
1888 |
|
2426 |
|
Bay |
|
12/30/92 |
|
1410 |
|
130 |
|
Brevard |
|
12/29/92 |
|
3256 |
|
592 |
|
Citrus |
|
12/29/92 |
|
965 |
|
319 |
|
Columbia |
|
12/30/92 |
|
769 |
|
622 |
|
Dixie |
|
12/30/92 |
|
165 |
|
572 |
|
Flagler |
|
12/30/92 |
|
480 |
|
300 |
|
Franklin |
|
12/30/92 |
|
399 |
|
89 |
|
Gadsden |
|
12/30/92 |
|
399 |
|
1850 |
|
Gilchrist |
|
12/30/92 |
|
195 |
|
1 |
|
Gulf |
|
01/06/93 |
|
157 |
|
431 |
|
Hamilton |
|
12/29/92 |
|
315 |
|
1 |
|
Hardee |
|
12/31/92 |
|
439 |
|
299 |
|
Hernando |
|
12/29/92 |
|
894 |
|
776 |
|
Highlands |
|
12/29/92 |
|
1200 |
|
1754 |
|
Hillsborough |
|
12/30/92 |
|
6838 |
|
898 |
|
Jefferson |
|
12/30/92 |
|
250 |
|
285 |
|
Lafayette |
|
12/30/92 |
|
92 |
|
217 |
|
Lake |
|
12/30/92 |
|
1203 |
|
411 |
|
Leon |
|
01/07/93 |
|
1611 |
|
2384 |
|
Levy |
|
12/29/92 |
|
479 |
|
400 |
|
Liberty |
|
12/30/92 |
|
73 |
|
515 |
|
Madison |
|
12/30/92 |
|
292 |
|
293 |
|
Marion |
|
12/29/92 |
|
1888 |
|
1903 |
|
Orange |
|
12/30/92 |
|
4506 |
|
3073 |
|
Osceola |
|
12/31/92 |
|
1102 |
|
2413 |
|
Pasco |
|
12/29/92 |
|
3101 |
|
1038 |
|
Pinellas |
|
12/15/92 |
|
8120 |
|
1795 |
|
Polk |
|
12/31/92 |
|
3185 |
|
987 |
|
Seminole |
|
12/29/92 |
|
2525 |
|
1496 |
|
Sumter |
|
12/29/92 |
|
471 |
|
556 |
|
Suwanee |
|
12/29/92 |
|
449 |
|
595 |
|
Taylor |
|
01/21/93 |
|
313 |
|
309 |
|
Volusia |
|
12/30/92 |
|
3797 |
|
1735 |
|
Wakulla |
|
12/31/92 |
|
204 |
|
853 |
|
THIRTY-FOURTH SUPPLEMENTAL INDENTURE dated February 1, 1993
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
02/23/93 |
|
1895 |
|
1712 |
|
Bay |
|
02/22/93 |
|
1418 |
|
1202 |
|
Brevard |
|
02/22/93 |
|
3268 |
|
4928 |
|
Citrus |
|
03/03/93 |
|
972 |
|
1372 |
|
Columbia |
|
02/23/93 |
|
771 |
|
1030 |
|
Dixie |
|
02/23/93 |
|
166 |
|
771 |
|
Flagler |
|
02/23/93 |
|
483 |
|
86 |
|
Franklin |
|
02/23/93 |
|
404 |
|
209 |
|
Gadsden |
|
02/22/93 |
|
402 |
|
153 |
|
Gilchrist |
|
02/22/93 |
|
196 |
|
612 |
|
Gulf |
|
02/22/93 |
|
158 |
|
636 |
|
Hamilton |
|
02/22/93 |
|
317 |
|
37 |
|
Hardee |
|
02/26/93 |
|
442 |
|
29 |
|
Hernando |
|
02/22/93 |
|
901 |
|
1009 |
|
Highlands |
|
02/23/93 |
|
1206 |
|
1393 |
|
Hillsborough |
|
02/23/93 |
|
6891 |
|
182 |
|
Jefferson |
|
02/23/93 |
|
254 |
|
267 |
|
Lafayette |
|
02/22/93 |
|
92 |
|
788 |
|
Lake |
|
02/22/93 |
|
1211 |
|
1060 |
|
Leon |
|
02/23/93 |
|
1621 |
|
51 |
|
Levy |
|
02/22/93 |
|
484 |
|
459 |
|
Liberty |
|
02/22/93 |
|
74 |
|
366 |
|
Madison |
|
02/22/93 |
|
297 |
|
50 |
|
Marion |
|
03/01/93 |
|
1902 |
|
1706 |
|
Orange |
|
03/01/93 |
|
4527 |
|
4174 |
|
Osceola |
|
02/23/93 |
|
1111 |
|
2070 |
|
Pasco |
|
03/01/93 |
|
3118 |
|
1205 |
|
Pinellas |
|
02/09/93 |
|
8173 |
|
382 |
|
Polk |
|
02/22/93 |
|
3203 |
|
2186 |
|
Seminole |
|
02/22/93 |
|
2547 |
|
765 |
|
Sumter |
|
02/22/93 |
|
475 |
|
750 |
|
Suwanee |
|
02/23/93 |
|
454 |
|
51 |
|
Taylor |
|
02/25/93 |
|
314 |
|
853 |
|
Volusia |
|
02/23/93 |
|
3808 |
|
3551 |
|
Wakulla |
|
02/23/93 |
|
207 |
|
396 |
|
THIRTY-FIFTH SUPPLEMENTAL INDENTURE dated March 1, 1993
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
03/22/93 |
|
1898 |
|
2769 |
|
Bay |
|
03/23/93 |
|
1423 |
|
659 |
|
Brevard |
|
03/22/93 |
|
3275 |
|
3473 |
|
Citrus |
|
03/22/93 |
|
975 |
|
1 |
|
Columbia |
|
03/24/93 |
|
772 |
|
1536 |
|
Dixie |
|
03/23/93 |
|
167 |
|
499 |
|
Flagler |
|
03/23/93 |
|
484 |
|
1113 |
|
Franklin |
|
03/22/93 |
|
407 |
|
47 |
|
Gadsden |
|
03/22/93 |
|
403 |
|
66 |
|
Gilchrist |
|
03/22/93 |
|
197 |
|
704 |
|
Gulf |
|
03/22/93 |
|
159 |
|
388 |
|
Hamilton |
|
03/22/93 |
|
320 |
|
1 |
|
Hardee |
|
03/22/93 |
|
443 |
|
137 |
|
Hernando |
|
03/22/93 |
|
905 |
|
480 |
|
Highlands |
|
03/22/93 |
|
1210 |
|
47 |
|
Hillsborough |
|
03/22/93 |
|
6917 |
|
972 |
|
Jefferson |
|
03/24/93 |
|
257 |
|
40 |
|
Lafayette |
|
03/23/93 |
|
93 |
|
218 |
|
Lake |
|
03/23/93 |
|
1216 |
|
1165 |
|
Leon |
|
03/23/93 |
|
1626 |
|
1941 |
|
Levy |
|
03/23/93 |
|
487 |
|
375 |
|
Liberty |
|
03/22/93 |
|
74 |
|
627 |
|
Madison |
|
03/22/93 |
|
299 |
|
211 |
|
Marion |
|
03/22/93 |
|
1910 |
|
738 |
|
Orange |
|
03/23/93 |
|
4539 |
|
2634 |
|
Osceola |
|
03/25/93 |
|
1115 |
|
2511 |
|
Pasco |
|
03/22/93 |
|
3129 |
|
149 |
|
Pinellas |
|
03/10/93 |
|
8200 |
|
2030 |
|
Polk |
|
03/22/93 |
|
3214 |
|
1331 |
|
Seminole |
|
03/22/93 |
|
2559 |
|
1330 |
|
Sumter |
|
03/22/93 |
|
478 |
|
191 |
|
Suwanee |
|
03/24/93 |
|
456 |
|
58 |
|
Taylor |
|
03/26/93 |
|
316 |
|
580 |
|
Volusia |
|
03/23/93 |
|
3814 |
|
4453 |
|
Wakulla |
|
03/22/93 |
|
208 |
|
563 |
|
THIRTY-SIXTH SUPPLEMENTAL INDENTURE dated July 1, 1993
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
08/06/93 |
|
1919 |
|
2335 |
|
Bay |
|
08/09/93 |
|
1447 |
|
1661 |
|
Brevard |
|
08/05/93 |
|
3312 |
|
2304 |
|
Citrus |
|
08/06/93 |
|
994 |
|
111 |
|
Columbia |
|
08/09/93 |
|
778 |
|
736 |
|
Dixie |
|
08/10/93 |
|
171 |
|
595 |
|
Flagler |
|
08/06/93 |
|
493 |
|
183 |
|
Franklin |
|
08/16/93 |
|
423 |
|
78 |
|
Gadsden |
|
08/06/93 |
|
407 |
|
1440 |
|
Gilchrist |
|
08/06/93 |
|
202 |
|
372 |
|
Gulf |
|
08/06/93 |
|
162 |
|
831 |
|
Hamilton |
|
08/06/93 |
|
326 |
|
301 |
|
Hardee |
|
08/06/93 |
|
450 |
|
623 |
|
Hernando |
|
08/09/93 |
|
925 |
|
1936 |
|
Highlands |
|
08/06/93 |
|
1225 |
|
1608 |
|
Hillsborough |
|
08/05/93 |
|
7071 |
|
222 |
|
Jefferson |
|
08/10/93 |
|
266 |
|
252 |
|
Lafayette |
|
08/09/93 |
|
95 |
|
394 |
|
Lake |
|
08/06/93 |
|
1241 |
|
430 |
|
Leon |
|
08/09/93 |
|
1660 |
|
1955 |
|
Levy |
|
08/06/93 |
|
500 |
|
395 |
|
Liberty |
|
08/06/93 |
|
76 |
|
362 |
|
Madison |
|
08/06/93 |
|
312 |
|
20 |
|
Marion |
|
08/06/93 |
|
1948 |
|
1022 |
|
Orange |
|
08/09/93 |
|
4602 |
|
366 |
|
Osceola |
|
08/06/93 |
|
1138 |
|
832 |
|
Pasco |
|
08/05/93 |
|
3182 |
|
104 |
|
Pinellas |
|
07/20/93 |
|
8342 |
|
522 |
|
Polk |
|
08/05/93 |
|
3268 |
|
1251 |
|
Seminole |
|
08/09/93 |
|
2627 |
|
330 |
|
Sumter |
|
08/05/93 |
|
489 |
|
700 |
|
Suwanee |
|
08/09/93 |
|
467 |
|
488 |
|
Taylor |
|
08/06/93 |
|
323 |
|
490 |
|
Volusia |
|
08/06/93 |
|
3848 |
|
2752 |
|
Wakulla |
|
08/06/93 |
|
217 |
|
104 |
|
THIRTY-SEVENTH SUPPLEMENTAL INDENTURE dated December 1, 1993
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
12/29/93 |
|
1942 |
|
1768 |
|
Bay |
|
12/29/93 |
|
1473 |
|
1090 |
|
Brevard |
|
12/28/93 |
|
3353 |
|
2186 |
|
Citrus |
|
12/29/93 |
|
1013 |
|
1791 |
|
Columbia |
|
12/30/93 |
|
784 |
|
1174 |
|
Dixie |
|
01/04/94 |
|
175 |
|
744 |
|
Flagler |
|
12/30/93 |
|
503 |
|
269 |
|
Franklin |
|
12/30/93 |
|
437 |
|
69 |
|
Gadsden |
|
12/29/93 |
|
412 |
|
1638 |
|
Gilchrist |
|
01/03/94 |
|
207 |
|
597 |
|
Gulf |
|
12/29/93 |
|
166 |
|
710 |
|
Hamilton |
|
12/29/93 |
|
334 |
|
78 |
|
Hardee |
|
12/28/93 |
|
458 |
|
139 |
|
Hernando |
|
12/30/93 |
|
947 |
|
1037 |
|
Highlands |
|
12/29/93 |
|
1241 |
|
1888 |
|
Hillsborough |
|
12/29/93 |
|
7235 |
|
1829 |
|
Jefferson |
|
12/30/93 |
|
276 |
|
231 |
|
Lafayette |
|
12/29/93 |
|
97 |
|
746 |
|
Lake |
|
12/29/93 |
|
1267 |
|
2229 |
|
Leon |
|
12/29/93 |
|
1698 |
|
1017 |
|
Levy |
|
12/30/93 |
|
512 |
|
733 |
|
Liberty |
|
12/29/93 |
|
78 |
|
291 |
|
Madison |
|
12/29/93 |
|
324 |
|
302 |
|
Marion |
|
12/29/93 |
|
1990 |
|
1962 |
|
Orange |
|
12/29/93 |
|
4675 |
|
2208 |
|
Osceola |
|
12/30/93 |
|
1163 |
|
2641 |
|
Pasco |
|
12/29/93 |
|
3239 |
|
112 |
|
Pinellas |
|
12/15/93 |
|
8502 |
|
2162 |
|
Polk |
|
12/28/93 |
|
3327 |
|
562 |
|
Seminole |
|
12/28/93 |
|
2703 |
|
466 |
|
Sumter |
|
12/28/93 |
|
502 |
|
167 |
* |
Suwanee |
|
12/29/93 |
|
478 |
|
324 |
|
Taylor |
|
12/29/93 |
|
330 |
|
533 |
|
Volusia |
|
12/29/93 |
|
3885 |
|
2736 |
|
Wakulla |
|
12/30/93 |
|
224 |
|
727 |
|
* Due to a scriveners error, the Thirty-Ninth and Fortieth Supplemental Indentures to the Original Indenture erroneously indicated a page number of 157.
THIRTY-EIGHTH SUPPLEMENTAL INDENTURE dated July 25, 1994
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
08/08/94 |
|
1975 |
|
2678 |
|
Bay |
|
08/08/94 |
|
1516 |
|
432 |
|
Brevard |
|
08/08/94 |
|
3412 |
|
3309 |
|
Citrus |
|
08/08/94 |
|
1044 |
|
2108 |
|
Columbia |
|
08/08/94 |
|
794 |
|
188 |
|
Dixie |
|
08/11/94 |
|
183 |
|
3 |
|
Flagler |
|
08/08/94 |
|
516 |
|
1458 |
|
Franklin |
|
08/10/94 |
|
465 |
|
42 |
|
Gadsden |
|
08/09/94 |
|
422 |
|
570 |
|
Gilchrist |
|
08/10/94 |
|
216 |
|
477 |
|
Gulf |
|
08/08/94 |
|
172 |
|
664 |
|
Hamilton |
|
08/08/94 |
|
347 |
|
189 |
|
Hardee |
|
08/08/94 |
|
471 |
|
495 |
|
Hernando |
|
09/06/94 |
|
983 |
|
887 |
|
Highlands |
|
08/08/94 |
|
1267 |
|
791 |
|
Hillsborough |
|
08/10/94 |
|
7485 |
|
745 |
|
Jefferson |
|
08/09/94 |
|
298 |
|
22 |
|
Lafayette |
|
08/09/94 |
|
101 |
|
626 |
|
Lake |
|
08/09/94 |
|
1311 |
|
1274 |
|
Leon |
|
08/08/94 |
|
1754 |
|
594 |
|
Levy |
|
08/08/94 |
|
533 |
|
45 |
|
Liberty |
|
08/09/94 |
|
81 |
|
566 |
|
Madison |
|
08/08/94 |
|
348 |
|
172 |
|
Marion |
|
08/10/94 |
|
2060 |
|
1272 |
|
Orange |
|
08/09/94 |
|
4779 |
|
4850 |
|
Osceola |
|
08/08/94 |
|
1205 |
|
1060 |
|
Pasco |
|
08/08/94 |
|
3326 |
|
1162 |
|
Pinellas |
|
07/25/94 |
|
8734 |
|
1574 |
|
Polk |
|
08/08/94 |
|
3423 |
|
2168 |
|
Seminole |
|
08/08/94 |
|
2809 |
|
131 |
|
Sumter |
|
08/08/94 |
|
524 |
|
256 |
|
Suwanee |
|
08/08/94 |
|
500 |
|
170 |
|
Taylor |
|
08/09/94 |
|
342 |
|
576 |
|
Volusia |
|
08/11/94 |
|
3942 |
|
4371 |
|
Wakulla |
|
08/10/94 |
|
239 |
|
322 |
|
THIRTY-NINTH SUPPLEMENTAL INDENTURE dated July 1, 2001
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
07/16/01 |
|
2371 |
|
1703 |
|
Bay |
|
07/24/01 |
|
2052 |
|
225 |
|
Brevard |
|
07/24/01 |
|
4387 |
|
206 |
|
Citrus |
|
07/16/01 |
|
1440 |
|
322 |
|
Columbia |
|
07/24/01 |
|
931 |
|
1741 |
|
Dixie |
|
07/23/01 |
|
262 |
|
1 |
|
Flagler |
|
07/24/01 |
|
758 |
|
320 |
|
Franklin |
|
07/26/01 |
|
671 |
|
542 |
|
Gadsden |
|
07/23/01 |
|
529 |
|
134 |
|
Gilcrest |
|
07/23/01 |
|
2001 |
|
3068 |
|
Gulf |
|
07/24/01 |
|
262 |
|
872 |
|
Hamilton |
|
07/23/01 |
|
504 |
|
59 |
|
Hardee |
|
07/23/01 |
|
614 |
|
764 |
|
Hernando |
|
07/16/01 |
|
1437 |
|
619 |
|
Highlands |
|
07/16/01 |
|
1556 |
|
1380 |
|
Hillsborough |
|
07/23/01 |
|
10952 |
|
1626 |
|
Jefferson |
|
07/23/01 |
|
471 |
|
268 |
|
Lafayette |
|
07/23/01 |
|
169 |
|
348 |
|
Lake |
|
07/16/01 |
|
1974 |
|
2275 |
|
Leon |
|
07/23/01 |
|
2530 |
|
74 |
|
Levy |
|
07/23/01 |
|
752 |
|
726 |
|
Liberty |
|
07/23/01 |
|
124 |
|
311 |
|
Madison |
|
07/24/01 |
|
587 |
|
48 |
|
Manatee |
|
07/23/01 |
|
1692 |
|
6974 |
|
Marion |
|
07/16/01 |
|
2987 |
|
1131 |
|
Orange |
|
07/16/01 |
|
6302 |
|
3365 |
|
Osceola |
|
07/16/01 |
|
1902 |
|
1112 |
|
Pasco |
|
07/16/01 |
|
4667 |
|
77 |
|
Pinellas |
|
07/13/01 |
|
11475 |
|
2488 |
|
Polk |
|
07/16/01 |
|
4751 |
|
1 |
|
Seminole |
|
07/16/01 |
|
4128 |
|
170 |
|
Sumter |
|
07/16/01 |
|
894 |
|
40 |
|
Suwannee |
|
07/23/01 |
|
877 |
|
77 |
|
Taylor |
|
07/23/01 |
|
464 |
|
215 |
|
Volusia |
|
07/17/01 |
|
4714 |
|
4356 |
|
Wakulla |
|
07/23/01 |
|
414 |
|
599 |
|
FORTIETH SUPPLEMENTAL INDENTURE dated July 1, 2002
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
07/19/02 |
|
2486 |
|
439 |
|
Bay |
|
07/19/02 |
|
2164 |
|
520 |
|
Brevard |
|
07/01/01 |
|
4641 |
|
2591 |
|
Citrus |
|
07/19/02 |
|
1521 |
|
2 |
|
Columbia |
|
07/19/02 |
|
958 |
|
500 |
|
Dixie |
|
07/19/02 |
|
277 |
|
1 |
|
Flagler |
|
07/24/02 |
|
838 |
|
776 |
|
Franklin |
|
07/24/02 |
|
706 |
|
23 |
|
Gadsden |
|
07/19/02 |
|
548 |
|
415 |
|
Gilchrist* |
|
07/19/02 |
|
Instrument Number 2002 |
|
3363 |
|
Gulf |
|
07/19/02 |
|
285 |
|
369 |
|
Hamilton |
|
07/19/02 |
|
530 |
|
143 |
|
Hardee |
|
07/19/02 |
|
630 |
|
147 |
|
Hernando |
|
07/19/02 |
|
1552 |
|
745 |
|
Highlands |
|
07/19/02 |
|
1616 |
|
1919 |
|
Hillsborough |
|
07/19/02 |
|
11790 |
|
0680 |
|
Jefferson |
|
07/22/02 |
|
0492 |
|
0001 |
|
Lafayette |
|
07/19/02 |
|
181 |
|
406 |
|
Lake |
|
07/22/02 |
|
02145 |
|
1576 |
|
Leon |
|
07/19/02 |
|
R2697 |
|
01718 |
|
Levy |
|
07/19/02 |
|
795 |
|
531 |
|
Liberty |
|
07/19/02 |
|
131 |
|
454 |
|
Madison |
|
07/19/02 |
|
627 |
|
171 |
|
Manatee |
|
07/19/02 |
|
1759 |
|
970 |
|
Marion |
|
07/19/02 |
|
3203 |
|
0458 |
|
Orange |
|
07/23/02 |
|
6573 |
|
5463 |
|
Osceola |
|
07/22/02 |
|
2082 |
|
1419 |
|
Pasco |
|
07/19/02 |
|
5012 |
|
1362 |
|
Pinellas |
|
07/26/02 |
|
12128 |
|
1700 |
|
Polk |
|
07/19/02 |
|
5064 |
|
0027 |
|
Seminole |
|
07/23/02 |
|
4468 |
|
0429 |
|
Sumter |
|
07/19/02 |
|
988 |
|
512 |
|
Suwannee |
|
07/19/02 |
|
948 |
|
7 |
|
Taylor |
|
07/19/02 |
|
484 |
|
562 |
|
Volusia |
|
07/19/02 |
|
4898 |
|
2002 |
|
Wakulla |
|
07/22/02 |
|
450 |
|
344 |
|
* Gilchrist County utilizes an instrument number indexing system rather than a book/page indexing system.
FORTY-FIRST SUPPLEMENTAL INDENTURE dated February 1, 2003
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
03/10/03 |
|
2620 |
|
1182 |
|
Bay |
|
03/20/03 |
|
2252 |
|
1616 |
|
Brevard |
|
03/10/03 |
|
4845 |
|
847 |
|
Citrus |
|
03/10/03 |
|
1580 |
|
537 |
|
Columbia |
|
03/10/03 |
|
976 |
|
2505 |
|
Dixie |
|
03/10/03 |
|
285 |
|
654 |
|
Flagler |
|
03/10/03 |
|
905 |
|
1523 |
|
Franklin |
|
03/12/03 |
|
729 |
|
424 |
|
Gadsden |
|
03/10/03 |
|
561 |
|
1091 |
|
Gilchrist* |
|
03/10/03 |
|
Instrument Number 2003 |
|
1224 |
|
Gulf |
|
03/10/03 |
|
301 |
|
432 |
|
Hamilton |
|
03/10/03 |
|
543 |
|
358 |
|
Hardee |
|
03/10/03 |
|
640 |
|
218 |
|
Hernando |
|
03/07/03 |
|
1636 |
|
204 |
|
Highlands |
|
03/10/03 |
|
1660 |
|
726 |
|
Hillsborough |
|
03/10/03 |
|
12427 |
|
1748 |
|
Jefferson |
|
03/10/03 |
|
507 |
|
98 |
|
Lafayette |
|
03/10/03 |
|
189 |
|
107 |
|
Lake |
|
03/10/03 |
|
2276 |
|
2224 |
|
Leon |
|
03/11/03 |
|
2827 |
|
95 |
|
Levy |
|
03/10/03 |
|
826 |
|
208 |
|
Liberty |
|
03/11/03 |
|
136 |
|
479 |
|
Madison |
|
03/09/03 |
|
653 |
|
69 |
|
Manatee |
|
03/07/03 |
|
1809 |
|
6624 |
|
Marion |
|
03/10/03 |
|
3363 |
|
1414 |
|
Orange |
|
03/10/03 |
|
6820 |
|
89 |
|
Osceola |
|
03/10/03 |
|
2208 |
|
1762 |
|
Pasco |
|
03/07/03 |
|
5267 |
|
216 |
|
Pinellas |
|
03/06/03 |
|
12582 |
|
1011 |
|
Polk |
|
03/06/03 |
|
5289 |
|
1762 |
|
Seminole |
|
03/10/03 |
|
4745 |
|
970 |
|
Sumter |
|
03/07/03 |
|
1052 |
|
4 |
|
Suwannee |
|
03/10/03 |
|
995 |
|
83 |
|
Taylor |
|
03/10/03 |
|
497 |
|
542 |
|
Volusia |
|
03/10/03 |
|
5033 |
|
4056 |
|
WAkulla |
|
03/10/03 |
|
478 |
|
79 |
|
* Gilchrist County utilizes an instrument number indexing system rather than a book/page indexing system.
FORTY-SECOND SUPPLEMENTAL INDENTURE dated April 1, 2003
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
05/27/2003 |
|
2676 |
|
753 |
|
Bay |
|
05/27/2003 |
|
2283 |
|
585 |
|
Brevard |
|
06/06/2003 |
|
4935 |
|
345 |
|
Citrus |
|
05/23/2003 |
|
1604 |
|
305 |
|
Columbia |
|
05/23/2003 |
|
984 |
|
87 |
|
Dixie |
|
05/23/2003 |
|
289 |
|
447 |
|
Flagler |
|
05/27/2003 |
|
935 |
|
151 |
|
Franklin |
|
05/27/2003 |
|
739 |
|
166 |
|
Gadsden |
|
05/23/2003 |
|
566 |
|
840 |
|
Gilchrist* |
|
05/23/2003 |
|
Instrument Number 200300 |
|
2716 |
|
Gulf |
|
05/27/2003 |
|
307 |
|
784 |
|
Hamilton |
|
05/23/2003 |
|
549 |
|
1 |
|
Hardee |
|
05/28/2003 |
|
644 |
|
670 |
|
Hernando |
|
05/23/2003 |
|
1671 |
|
1084 |
|
Highlands |
|
05/23/2003 |
|
1676 |
|
1168 |
|
Hillsborough |
|
05/28/2003 |
|
12682 |
|
320 |
|
Jefferson |
|
05/23/2003 |
|
512 |
|
367 |
|
Lafayette |
|
05/23/2003 |
|
191 |
|
373 |
|
Lake |
|
05/22/2003 |
|
2324 |
|
1507 |
|
Leon |
|
05/28/2003 |
|
2874 |
|
1027 |
|
Levy |
|
05/27/2003 |
|
837 |
|
42 |
|
Liberty |
|
05/27/2003 |
|
138 |
|
218 |
|
Madison |
|
05/23/2003 |
|
664 |
|
225 |
|
Manatee |
|
05/28/2003 |
|
1831 |
|
1979 |
|
Marion |
|
05/30/2003 |
|
3426 |
|
1046 |
|
Orange |
|
05/23/2003 |
|
6925 |
|
2125 |
|
Osceola |
|
05/22/2003 |
|
2256 |
|
2207 |
|
Pasco |
|
05/23/2003 |
|
5370 |
|
1906 |
|
Pinellas |
|
05/23/2003 |
|
12767 |
|
1631 |
|
Polk |
|
05/23/2003 |
|
5372 |
|
1233 |
|
Seminole |
|
05/30/2003 |
|
4843 |
|
1879 |
|
Sumter |
|
05/30/2003 |
|
1076 |
|
307 |
|
Suwannee |
|
05/23/2003 |
|
1013 |
|
263 |
|
Taylor |
|
05/28/2003 |
|
502 |
|
773 |
|
Volusia |
|
06/02/2003 |
|
5084 |
|
4311 |
|
Wakulla |
|
05/23/2003 |
|
488 |
|
388 |
|
* Gilchrist County utilizes an instrument number indexing system rather than a book/page indexing system.
FORTY-THIRD SUPPLEMENTAL INDENTURE dated November 1, 2003
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
12/30/2003 |
|
2831 |
|
1359 |
|
Bay |
|
01/12/2004 |
|
2385 |
|
484 |
|
Brevard |
|
01/08/2004 |
|
5166 |
|
2137 |
|
Citrus |
|
12/29/2003 |
|
1675 |
|
939 |
|
Columbia |
|
12/30/2003 |
|
1003 |
|
767 |
|
Dixie |
|
12/30/2003 |
|
300 |
|
401 |
|
Flagler |
|
12/29/2003 |
|
1024 |
|
1365 |
|
Franklin |
|
12/30/2003 |
|
769 |
|
78 |
|
Gadsden |
|
12/29/2003 |
|
580 |
|
1923 |
|
Gilchrist* |
|
12/30/2003 |
|
Instrument Number 2003006 |
|
794 |
|
Gulf |
|
12/30/2003 |
|
327 |
|
232 |
|
Hamilton |
|
12/29/2003 |
|
563 |
|
163 |
|
Hardee |
|
12/29/2003 |
|
656 |
|
951 |
|
Hernando |
|
12/31/2003 |
|
1776 |
|
1140 |
|
Highlands |
|
12/29/2003 |
|
1727 |
|
647 |
|
Hillsborough |
|
12/31/2003 |
|
13433 |
|
1463 |
|
Jefferson |
|
12/30/2003 |
|
530 |
|
192 |
|
Lafayette |
|
12/30/2003 |
|
199 |
|
454 |
|
Lake |
|
12/30/2003 |
|
2478 |
|
691 |
|
Leon |
|
01/08/2004 |
|
3018 |
|
255 |
|
Levy |
|
01/05/2004 |
|
868 |
|
897 |
|
Liberty |
|
12/30/2003 |
|
142 |
|
561 |
|
Madison |
|
12/30/2003 |
|
695 |
|
129 |
|
Manatee |
|
12/30/2003 |
|
1891 |
|
3077 |
|
Marion |
|
01/05/2004 |
|
3610 |
|
1489 |
|
Orange |
|
12/30/2003 |
|
7245 |
|
2525 |
|
Osceola |
|
01/07/2004 |
|
2418 |
|
906 |
|
Pasco |
|
12/30/2003 |
|
5676 |
|
531 |
|
Pinellas |
|
12/23/2003 |
|
13265 |
|
2523 |
|
Polk |
|
12/29/2003 |
|
5624 |
|
1278 |
|
Seminole |
|
12/30/2003 |
|
5149 |
|
1458 |
|
Sumter |
|
01/06/2004 |
|
1156 |
|
447 |
|
Suwannee |
|
12/30/2003 |
|
1065 |
|
398 |
|
Taylor |
|
12/30/2003 |
|
516 |
|
670 |
|
Volusia |
|
12/29/2003 |
|
5232 |
|
3126 |
|
Wakulla |
|
12/29/2003 |
|
518 |
|
436 |
|
* Gilchrist County utilizes an instrument number indexing system rather than a book/page indexing system.
FORTY-FOURTH SUPPLEMENTAL INDENTURE dated August 1, 2004
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
09/08/2004 |
|
2989 |
|
679 |
|
Bay |
|
09/20/2004 |
|
2503 |
|
1164 |
|
Brevard |
|
09/10/2004 |
|
5358 |
|
4062 |
|
Citrus |
|
09/08/2004 |
|
1761 |
|
1476 |
|
Columbia |
|
09/08/2004 |
|
1025 |
|
1081 |
|
Dixie |
|
09/08/2004 |
|
313 |
|
405 |
|
Flagler |
|
09/10/2004 |
|
1141 |
|
1282 |
|
Franklin |
|
09/07/2004 |
|
811 |
|
160 |
|
Gadsden |
|
09/09/2004 |
|
596 |
|
209 |
|
Gilchrist* |
|
09/08/2004 |
|
Instrument Number 2004004 |
|
967 |
|
Gulf |
|
09/08/2004 |
|
351 |
|
826 |
|
Hamilton |
|
09/08/2004 |
|
579 |
|
91 |
|
Hardee |
|
09/07/2004 |
|
669 |
|
579 |
|
Hernando |
|
09/09/2004 |
|
1897 |
|
1207 |
|
Highlands |
|
09/07/2004 |
|
1787 |
|
1955 |
|
Hillsborough |
|
09/16/2004 |
|
14220 |
|
1091 |
|
Jefferson |
|
09/08/2004 |
|
552 |
|
115 |
|
Lafayette |
|
09/10/2004 |
|
209 |
|
329 |
|
Lake |
|
09/09/2004 |
|
2652 |
|
1330 |
|
Leon |
|
09/10/2004 |
|
3158 |
|
1432 |
|
Levy |
|
09/08/2004 |
|
905 |
|
525 |
|
Liberty |
|
09/09/2004 |
|
148 |
|
295 |
|
Madison |
|
09/08/2004 |
|
728 |
|
181 |
|
Manatee |
|
09/09/2004 |
|
1955 |
|
6519 |
|
Marion |
|
09/14/2004 |
|
3819 |
|
714 |
|
Orange |
|
09/17/2004 |
|
7618 |
|
4387 |
|
Osceola |
|
09/15/2004 |
|
2595 |
|
1666 |
|
Pasco |
|
09/15/2004 |
|
6027 |
|
311 |
|
Pinellas |
|
09/09/2004 |
|
13817 |
|
1552 |
|
Polk |
|
09/09/2004 |
|
5915 |
|
905 |
|
Seminole |
|
09/14/2004 |
|
5450 |
|
663 |
|
Sumter |
|
09/17/2004 |
|
1267 |
|
646 |
|
Suwannee |
|
09/08/2004 |
|
1133 |
|
1 |
|
Taylor |
|
09/07/2004 |
|
532 |
|
603 |
|
Volusia |
|
09/16/2004 |
|
5399 |
|
4694 |
|
Wakulla |
|
09/08/2004 |
|
556 |
|
566 |
|
* Gilchrist County utilizes an instrument number indexing system rather than a book/page indexing system.
FORTY-FIFTH SUPPLEMENTAL INDENTURE dated May 1, 2005
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
05/25/2005 |
|
3130 |
|
992 |
|
Bay |
|
05/26/2005 |
|
2614 |
|
528 |
|
Brevard |
|
05/31/2005 |
|
5474 |
|
4268 |
|
Citrus |
|
06/03/2005 |
|
1862 |
|
2370 |
|
Columbia |
|
05/26/2005 |
|
1047 |
|
766 |
|
Dixie |
|
05/27/2005 |
|
327 |
|
196 |
|
Flagler |
|
05/26/2005 |
|
1254 |
|
1518 |
|
Franklin |
|
05/26/2005 |
|
853 |
|
323 |
|
Gadsden |
|
05/26/2005 |
|
612 |
|
684 |
|
Gilchrist* |
|
05/26/2005 |
|
Instrument Number 200500 |
|
3072 |
|
Gulf |
|
05/26/2005 |
|
378 |
|
613 |
|
Hamilton |
|
05/26/2005 |
|
594 |
|
4 |
|
Hardee |
|
05/25/2005 |
|
683 |
|
104 |
|
Hernando |
|
05/27/2005 |
|
2032 |
|
1078 |
|
Highlands |
|
05/25/2005 |
|
1856 |
|
568 |
|
Hillsborough |
|
06/01/2005 |
|
15064 |
|
90 |
|
Jefferson |
|
05/24/2005 |
|
565 |
|
810 |
|
Lafayette |
|
05/27/2005 |
|
220 |
|
324 |
|
Lake |
|
05/26/2005 |
|
2843 |
|
2013 |
|
Leon |
|
05/27/2005 |
|
3297 |
|
1711 |
|
Levy |
|
05/26/2005 |
|
948 |
|
157 |
|
Liberty |
|
05/27/2005 |
|
154 |
|
54 |
|
Madison |
|
05/27/2005 |
|
760 |
|
251 |
|
Manatee |
|
05/27/2005 |
|
2024 |
|
1257 |
|
Marion |
|
06/07/2005 |
|
4061 |
|
390 |
|
Orange |
|
05/24/2005 |
|
7983 |
|
1610 |
|
Osceola |
|
06/09/2005 |
|
2802 |
|
2269 |
|
Pasco |
|
05/27/2005 |
|
6391 |
|
357 |
|
Pinellas |
|
05/23/2005 |
|
14330 |
|
1811 |
|
Polk |
|
05/31/2005 |
|
6225 |
|
332 |
|
Seminole |
|
05/27/2005 |
|
5741 |
|
1576 |
|
Sumter |
|
05/26/2005 |
|
1382 |
|
1 |
|
Suwannee |
|
05/26/2005 |
|
1199 |
|
54 |
|
Taylor |
|
05/27/2005 |
|
549 |
|
201 |
|
Volusia |
|
06/03/2005 |
|
5567 |
|
2445 |
|
Wakulla |
|
05/27/2005 |
|
595 |
|
778 |
|
* Gilchrist County utilizes an instrument number indexing system rather than a book/page indexing system.
FORTY-SIXTH SUPPLEMENTAL INDENTURE dated September 1, 2007
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
10/15/2007 |
|
3691 |
|
1036 |
|
Bay |
|
10/15/2007 |
|
2984 |
|
1808 |
|
Brevard |
|
10/19/2007 |
|
5819 |
|
7058 |
|
Citrus |
|
10/16/2007 |
|
2167 |
|
1649 |
|
Columbia |
|
10/15/2007 |
|
1133 |
|
1243 |
|
Dixie |
|
10/18/2007 |
|
379 |
|
107 |
|
Flagler |
|
10/16/2007 |
|
1620 |
|
800 |
|
Franklin |
|
10/15/2007 |
|
950 |
|
1 |
|
Gadsden |
|
10/17/2007 |
|
681 |
|
453 |
|
Gilchrist* |
|
10/16/2007 |
|
Instrument Number 2007006 |
|
252 |
|
Gulf |
|
10/18/2007 |
|
448 |
|
17 |
|
Hamilton |
|
10/15/2007 |
|
652 |
|
1 |
|
Hardee* |
|
10/17/2007 |
|
Instrument Number 20072500 |
|
9084 |
|
Hernando |
|
10/15/2007 |
|
2499 |
|
1518 |
|
Highlands |
|
10/16/2007 |
|
2103 |
|
1577 |
|
Hillsborough |
|
10/17/2007 |
|
18191 |
|
597 |
|
Jefferson* |
|
10/19/2007 |
|
Instrument Number 20073312 |
|
9980 |
|
Lafayette |
|
10/16/2007 |
|
262 |
|
275 |
|
Lake |
|
10/16/2007 |
|
3524 |
|
2021 |
|
Leon |
|
10/16/2007 |
|
3778 |
|
1808 |
|
Levy |
|
10/15/2007 |
|
1097 |
|
616 |
|
Liberty |
|
10/15/2007 |
|
175 |
|
1 |
|
Madison |
|
10/15/2007 |
|
881 |
|
284 |
|
Manatee |
|
10/16/2007 |
|
2231 |
|
362 |
|
Marion |
|
10/16/2007 |
|
4910 |
|
461 |
|
Orange |
|
10/17/2007 |
|
9473 |
|
4445 |
|
Osceola |
|
10/15/2007 |
|
3578 |
|
1571 |
|
Pasco |
|
10/16/2007 |
|
7663 |
|
343 |
|
Pinellas |
|
10/11/2007 |
|
16013 |
|
1452 |
|
Polk |
|
10/16/2007 |
|
7455 |
|
1559 |
|
Seminole |
|
11/20/2007 |
|
6871 |
|
27 |
|
Sumter |
|
10/16/2007 |
|
1854 |
|
167 |
|
Suwannee |
|
10/15/2007 |
|
1420 |
|
130 |
|
Taylor |
|
10/15/2007 |
|
610 |
|
413 |
|
Volusia |
|
10/16/2007 |
|
6141 |
|
278 |
|
Wakulla |
|
10/15/2007 |
|
731 |
|
256 |
|
* Gilchrist, Hardee and Jefferson Counties utilize an instrument number indexing system rather than a book/page indexing system.
Surface Transportation Board filing: Document number 27455, recorded on April 7, 2008
FORTY-SEVENTH SUPPLEMENTAL INDENTURE dated December 1, 2007
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
1/11/2008 |
|
3729 |
|
1099 |
|
Bay |
|
1/11/2008 |
|
3012 |
|
924 |
|
Brevard |
|
1/16/2008 |
|
5838 |
|
4532 |
|
Citrus |
|
1/11/2008 |
|
2187 |
|
112 |
|
Columbia |
|
1/11/2008 |
|
1140 |
|
1338 |
|
Dixie |
|
1/17/2008 |
|
383 |
|
1 |
|
Flagler |
|
1/14/2008 |
|
1638 |
|
232 |
|
Franklin |
|
1/11/2008 |
|
956 |
|
429 |
|
Gadsden |
|
1/15/2008 |
|
686 |
|
1438 |
|
Gilchrist* |
|
1/11/2008 |
|
Instrument number 2008000 |
|
227 |
|
Gulf |
|
1/14/2008 |
|
452 |
|
419 |
|
Hamilton |
|
1/11/2008 |
|
656 |
|
256 |
|
Hardee* |
|
1/10/2008 |
|
Instrument number 200825000 |
|
197 |
|
Hernando |
|
1/11/2008 |
|
2525 |
|
829 |
|
Highlands |
|
1/10/2208 |
|
2119 |
|
119 |
|
Hillsborough |
|
1/14/2008 |
|
18375 |
|
428 |
|
Jefferson* |
|
1/11/2008 |
|
Instrument number 200833000 |
|
172 |
|
Lafayette |
|
1/14/2008 |
|
265 |
|
337 |
|
Lake |
|
1/11/2008 |
|
3567 |
|
2417 |
|
Leon |
|
1/14/2008 |
|
3812 |
|
243 |
|
Levy |
|
1/11/2008 |
|
1108 |
|
521 |
|
Liberty |
|
1/14/2008 |
|
176 |
|
526 |
|
Madison |
|
1/11/2008 |
|
891 |
|
71 |
|
Manatee |
|
1/11/2008 |
|
2242 |
|
4715 |
|
Marion |
|
1/14/2008 |
|
4964 |
|
518 |
|
Orange |
|
2/18/2008 |
|
9602 |
|
277 |
|
Osceola |
|
1/10/2008 |
|
3624 |
|
1400 |
|
Pasco |
|
1/11/2008 |
|
7735 |
|
1309 |
|
Pinellas |
|
1/15/2008 |
|
16119 |
|
240 |
|
Polk |
|
1/14/2008 |
|
7530 |
|
1569 |
|
Seminole |
|
1/14/2008 |
|
6907 |
|
866 |
|
Sumter |
|
1/11/2008 |
|
1891 |
|
308 |
|
Suwannee |
|
1/11/2008 |
|
1436 |
|
400 |
|
Taylor |
|
1/11/2008 |
|
615 |
|
164 |
|
Volusia |
|
1/14/2008 |
|
6179 |
|
2404 |
|
Wakulla |
|
1/11/2008 |
|
741 |
|
22 |
|
* Gilchrest, Hardee and Jefferson Counties utilize an instrument number indexing system rather than a book/page indexing system.
Surface Transportation Board filing: Document number 27455-A, recorded on April 7, 2008
FORTY-EIGHTH SUPPLEMENTAL INDENTURE dated June 1, 2008
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
6/13/2008 |
|
3799 |
|
651 |
|
Bay |
|
6/30/2008 |
|
3063 |
|
715 |
|
Brevard |
|
7/02/2008 |
|
5874 |
|
3269 |
|
Citrus |
|
6/13/2008 |
|
2223 |
|
1494 |
|
Columbia |
|
6/30/2008 |
|
1153 |
|
1442 |
|
Dixie |
|
7/01/2008 |
|
391 |
|
1 |
|
Flagler |
|
7/01/2008 |
|
1669 |
|
378 |
|
Franklin |
|
6/30/2008 |
|
968 |
|
373 |
|
Gadsden |
|
6/30/2008 |
|
696 |
|
1067 |
|
Gilchrist* |
|
7/03/2008 |
|
Instrument number 2008003591 |
|
|
|
Gulf |
|
6/30/2008 |
|
461 |
|
1 |
|
Hamilton |
|
6/30/2008 |
|
665 |
|
310 |
|
Hardee* |
|
6/27/2008 |
|
Instrument number 200825005011 |
|
|
|
Hernando |
|
6/13/2008 |
|
2570 |
|
1746 |
|
Highlands |
|
6/13/2008 |
|
2145 |
|
308 |
|
Hillsborough |
|
7/02/2008 |
|
18729 |
|
956 |
|
Jefferson* |
|
6/30/2008 |
|
Instrument number 200833002125 |
|
|
|
Lafayette* |
|
7/08/2008 |
|
Instrument number 200834001431 |
|
|
|
Lake |
|
6/13/2008 |
|
3640 |
|
1530 |
|
Leon |
|
6/30/2008 |
|
3875 |
|
1363 |
|
Levy |
|
6/13/2008 |
|
1127 |
|
115 |
|
Liberty |
|
7/07/2008 |
|
181 |
|
252 |
|
Madison |
|
6/30/2008 |
|
912 |
|
285 |
|
Manatee |
|
6/27/2008 |
|
2264 |
|
7699 |
|
Marion |
|
6/13/2008 |
|
5051 |
|
1339 |
|
Orange |
|
6/13/2008 |
|
9711 |
|
4102 |
|
Osceola |
|
6/13/2008 |
|
3699 |
|
1687 |
|
Pasco |
|
6/13/2008 |
|
7860 |
|
610 |
|
Pinellas |
|
6/12/2008 |
|
16285 |
|
454 |
|
Polk |
|
6/13/2008 |
|
7653 |
|
1238 |
|
Seminole |
|
6/13/2008 |
|
7011 |
|
1530 |
|
Sumter |
|
6/13/2008 |
|
1961 |
|
271 |
|
Suwannee |
|
6/30/2008 |
|
1470 |
|
367 |
|
Taylor |
|
6/30/2008 |
|
624 |
|
665 |
|
Volusia |
|
6/13/2008 |
|
6243 |
|
719 |
|
Wakulla |
|
6/30/2008 |
|
759 |
|
351 |
|
* Gilchrest, Hardee, Jefferson and Lafayette Counties utilize an instrument number indexing system rather than a book/page indexing system.
Surface Transportation Board filing: Document number 27455-B, recorded on August 6, 2008
FORTY-NINTH SUPPLEMENTAL INDENTURE dated March 1, 2010
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
4/08/2010 |
|
3947 |
|
1403 |
|
Bay |
|
4/08/2010 |
|
3231 |
|
1321 |
|
Brevard |
|
4/09/2010 |
|
6145 |
|
993 |
|
Citrus |
|
4/08/2010 |
|
2348 |
|
2 |
|
Columbia |
|
4/08/2010 |
|
1192 |
|
803 |
|
Dixie |
|
4/15/2010 |
|
415 |
|
183 |
|
Flagler |
|
4/12/2010 |
|
1763 |
|
1207 |
|
Franklin |
|
4/09/2010 |
|
1009 |
|
1 |
|
Gadsden |
|
4/08/2010 |
|
729 |
|
1001 |
|
Gilchrist* |
|
4/08/2010 |
|
Instrument number 2010001440 |
|
|
|
Gulf |
|
4/08/2010 |
|
489 |
|
612 |
|
Hamilton |
|
4/08/2010 |
|
693 |
|
1 |
|
Hardee* |
|
4/08/2010 |
|
Instrument number 201025002243 |
|
|
|
Hernando |
|
4/08/2010 |
|
2732 |
|
1794 |
|
Highlands |
|
4/08/2010 |
|
2233 |
|
1848 |
|
Hillsborough |
|
4/13/2010 |
|
19814 |
|
55 |
|
Jefferson* |
|
4/09/2010 |
|
Instrument number 201033004428 |
|
|
|
Lafayette* |
|
4/08/2010 |
|
Instrument number 201034000540 |
|
|
|
Lake |
|
4/09/2010 |
|
3892 |
|
1816 |
|
Leon |
|
4/08/2010 |
|
4101 |
|
1507 |
|
Levy |
|
4/08/2010 |
|
1195 |
|
600 |
|
Liberty |
|
4/13/2010 |
|
192 |
|
87 |
|
Madison |
|
4/09/2010 |
|
982 |
|
1 |
|
Manatee |
|
4/08/2010 |
|
2334 |
|
6690 |
|
Marion |
|
4/08/2010 |
|
5341 |
|
1488 |
|
Orange |
|
4/08/2010 |
|
10026 |
|
4585 |
|
Osceola |
|
4/09/2010 |
|
3970 |
|
977 |
|
Pasco |
|
4/08/2010 |
|
8306 |
|
1585 |
|
Pinellas |
|
4/05/2010 |
|
16876 |
|
1530 |
|
Polk |
|
4/09/2010 |
|
8112 |
|
1962 |
|
Seminole |
|
4/08/2010 |
|
7362 |
|
894 |
|
Sumter |
|
4/08/2010 |
|
2179 |
|
82 |
|
Suwannee |
|
4/08/2010 |
|
1583 |
|
68 |
|
Taylor |
|
4/08/2010 |
|
652 |
|
229 |
|
Volusia |
|
4/12/2010 |
|
6464 |
|
1 |
|
Wakulla |
|
4/08/2010 |
|
822 |
|
403 |
|
* Gilchrest, Hardee, Jefferson and Lafayette Counties utilize an instrument number indexing system rather than a book/page indexing system
Surface Transportation Board filing: Document number 27455-C, recorded on May 10, 2010
FIFTIETH SUPPLEMENTAL INDENTURE dated August 1, 2011
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
8/31/2011 |
|
4053 |
|
799 |
|
Bay |
|
9/1/2011 |
|
3348 |
|
586 |
|
Brevard |
|
8/31/2011 |
|
6445 |
|
1639 |
|
Citrus |
|
8/31/2011 |
|
2436 |
|
2060 |
|
Columbia |
|
8/31/2011 |
|
1220 |
|
1330 |
|
Dixie |
|
9/2/2011 |
|
432 |
|
556 |
|
Flagler |
|
9/1/2011 |
|
1831 |
|
774 |
|
Franklin |
|
8/31/2011 |
|
1044 |
|
226 |
|
Gadsden |
|
8/31/2011 |
|
750 |
|
540 |
|
Gilchrist* |
|
9/1/2011 |
|
2011003293 |
|
|
|
Gulf |
|
9/1/2011 |
|
510 |
|
129 |
|
Hamilton |
|
8/31/2011 |
|
713 |
|
137 |
|
Hardee* |
|
8/31/2011 |
|
201125005174 |
|
|
|
Hernando |
|
8/31/2011 |
|
2845 |
|
1193 |
|
Highlands |
|
8/31/2011 |
|
2295 |
|
556 |
|
Hillsborough |
|
9/1/2011 |
|
20685 |
|
273 |
|
Jefferson |
|
8/31/2011 |
|
665 |
|
726 |
|
Lafayette(1) |
|
9/1/2011 |
|
308 |
|
202 |
|
Lake |
|
8/31/2011 |
|
4068 |
|
1117 |
|
Leon |
|
8/31/2011 |
|
4281 |
|
1303 |
|
Levy |
|
8/31/2011 |
|
1240 |
|
702 |
|
Liberty |
|
8/31/2011 |
|
200 |
|
430 |
|
Madison |
|
8/31/2011 |
|
1034 |
|
97 |
|
Manatee |
|
8/31/2011 |
|
2390 |
|
3492 |
|
Marion |
|
8/31/2011 |
|
5562 |
|
1643 |
|
Orange |
|
9/1/2011 |
|
10262 |
|
4040 |
|
Osceola |
|
9/1/2011 |
|
4171 |
|
717 |
|
Pasco |
|
8/31/2011 |
|
8592 |
|
2940 |
|
Pinellas |
|
8/26/2011 |
|
17339 |
|
1112 |
|
Polk |
|
9/2/2011 |
|
8464 |
|
2230 |
|
Seminole |
|
8/31/2011 |
|
7624 |
|
937 |
|
Sumter |
|
9/1/2011 |
|
2352 |
|
294 |
|
Suwannee |
|
8/31/2011 |
|
1659 |
|
109 |
|
Taylor |
|
8/31/2011 |
|
672 |
|
907 |
|
Volusia |
|
9/1/2011 |
|
6627 |
|
3772 |
|
Wakulla |
|
8/31/2011 |
|
860 |
|
481 |
|
*Gilchrest and Hardee Counties utilize an instrument number indexing system rather than a book/page indexing system.(2)
Surface Transportation Board filing: Document number 27455-D, recorded on November 2, 2011
FIFTY-FIRST SUPPLEMENTAL INDENTURE dated November 1, 2012
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
11/30/12 |
|
4153 |
|
1273 |
|
Bay |
|
11/30/12 |
|
3463 |
|
261 |
|
Brevard |
|
11/30/12 |
|
6745 |
|
2069 |
|
Citrus |
|
11/29/12 |
|
2518 |
|
72 |
|
Columbia |
|
11/30/12 |
|
1245 |
|
1358 |
|
Dixie |
|
12/03/12 |
|
448 |
|
114 |
|
Flagler |
|
11/30/12 |
|
1907 |
|
297 |
|
Franklin |
|
11/29/12 |
|
1080 |
|
1 |
|
Gadsden |
|
11/30/12 |
|
768 |
|
295 |
|
Gilchrist* |
|
11/29/12 |
|
Instrument number 201221002906 |
|
|
|
Gulf |
|
11/30/12 |
|
529 |
|
204 |
|
Hamilton |
|
11/29/12 |
|
730 |
|
51 |
|
Hardee* |
|
11/29/12 |
|
Instrument number 201225007152 |
|
|
|
Hernando |
|
11/30/12 |
|
2956 |
|
1478 |
|
Highlands |
|
11/29/12 |
|
2354 |
|
1241 |
|
Hillsborough |
|
12/05/12 |
|
21532 |
|
1003 |
|
Jefferson |
|
11/30/12 |
|
682 |
|
238 |
|
Lafayette* |
|
12/03/12 |
|
Instrument number 201234001771 |
|
|
|
Lake |
|
12/03/12 |
|
4246 |
|
1972 |
|
Leon |
|
11/29/12 |
|
4448 |
|
578 |
|
Levy |
|
11/29/12 |
|
1276 |
|
813 |
|
Liberty |
|
11/30/12 |
|
206 |
|
224 |
|
Madison |
|
11/29/12 |
|
1074 |
|
177 |
|
Manatee |
|
11/29/12 |
|
2447 |
|
1 |
|
Marion |
|
11/29/12 |
|
5773 |
|
987 |
|
Orange |
|
11/30/12 |
|
10481 |
|
516 |
|
Osceola |
|
11/29/12 |
|
4357 |
|
2942 |
|
Pasco |
|
11/29/12 |
|
8790 |
|
3145 |
|
Pinellas |
|
11/27/12 |
|
17794 |
|
2670 |
|
Polk |
|
12/03/12 |
|
8813 |
|
486 |
|
Seminole |
|
12/04/12 |
|
7911 |
|
1091 |
|
Sumter |
|
11/29/12 |
|
2529 |
|
1 |
|
Suwannee |
|
11/29/12 |
|
1722 |
|
321 |
|
Taylor |
|
11/29/12 |
|
691 |
|
195 |
|
Volusia |
|
12/03/12 |
|
6789 |
|
738 |
|
Wakulla |
|
11/29/12 |
|
894 |
|
743 |
|
*Gilchrest, Hardee and Lafayette Counties utilize an instrument number indexing system rather than a book/page indexing system.
Surface Transportation Board Recordation No. 27455-E recorded December 11, 2012
FIFTY-SECOND SUPPLEMENTAL INDENTURE dated August 1, 2015
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
8/5/2015 |
|
4370 |
|
377 |
|
Bay |
|
8/7/2015 |
|
3722 |
|
1385 |
|
Brevard |
|
8/5/2015 |
|
7424 |
|
1768 |
|
Citrus |
|
8/5/2015 |
|
2705 |
|
978 |
|
Columbia |
|
8/5/2015 |
|
1299 |
|
100 |
|
Dixie |
|
8/6/2015 |
|
482 |
|
89 |
|
Flagler |
|
8/6/2015 |
|
2079 |
|
230 |
|
Franklin |
|
8/6/2015 |
|
Instrument No. 201519003844 |
|
|
|
Gadsden |
|
8/6/2015 |
|
806 |
|
814 |
|
Gilchrist |
|
8/5/2015 |
|
Instrument No. 201521003563 |
|
|
|
Gulf |
|
8/10/2015 |
|
579 |
|
488 |
|
Hamilton |
|
8/5/2015 |
|
770 |
|
347 |
|
Hardee |
|
8/6/2015 |
|
Instrument No. 201525004582 |
|
|
|
Hernando |
|
8/6/2015 |
|
3261 |
|
637 |
|
Highlands |
|
8/6/2015 |
|
2489 |
|
426 |
|
Hillsborough |
|
8/13/2015 |
|
23476 |
|
544 |
|
Jefferson |
|
8/5/15 |
|
717 |
|
1 |
|
Lafayette |
|
8/5/2015 |
|
347 |
|
422 |
|
Lake |
|
8/11/2015 |
|
4663 |
|
2195 |
|
Leon |
|
8/5/2015 |
|
4829 |
|
1630 |
|
Levy |
|
8/6/2015 |
|
1362 |
|
672 |
|
Liberty |
|
8/6/2015 |
|
Instrument No. 2015390006600 |
|
|
|
Madison |
|
8/5/2015 |
|
1171 |
|
55 |
|
Manatee |
|
8/6/2015 |
|
2581 |
|
2615 |
|
Marion |
|
8/5/2015 |
|
6254 |
|
702 |
|
Orange |
|
8/10/2015 |
|
10964 |
|
8322 |
|
Osceola |
|
8/5/2015 |
|
4821 |
|
1436 |
|
Pasco |
|
8/6/2015 |
|
9237 |
|
444 |
|
Pinellas |
|
8/6/2015 |
|
18876 |
|
1882 |
|
Polk |
|
8/5/2015 |
|
9595 |
|
1 |
|
Seminole |
|
8/7/2015 |
|
8523 |
|
1724 |
|
Sumter |
|
8/6/2015 |
|
2994 |
|
413 |
|
Suwannee |
|
8/5/2015 |
|
1876 |
|
231 |
|
Taylor |
|
8/5/2015 |
|
732 |
|
233 |
|
Volusia |
|
8/5/2015 |
|
7148 |
|
401 |
|
Wakulla |
|
8/5/2015 |
|
977 |
|
179 |
|
Surface Transportation Board Recordation No. 27455-G recorded August 30, 2016
FIFTY-THIRD SUPPLEMENTAL INDENTURE dated September 1, 2016
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
11/7/2016 |
|
4473 |
|
604 |
|
Bay |
|
10/28/2016 |
|
3844 |
|
1975 |
|
Brevard |
|
10/31/2016 |
|
7743 |
|
542 |
|
Citrus |
|
10/31/2016 |
|
2790 |
|
2168 |
|
Columbia |
|
10/28/2016 |
|
1324 |
|
1726 |
|
Dixie |
|
11/2/2016 |
|
498 |
|
447 |
|
Flagler |
|
10/31/2016 |
|
2166 |
|
130 |
|
Franklin |
|
11/1/2016 |
|
1179 |
|
629 |
|
Gadsden |
|
11/1/2016 |
|
824 |
|
856 |
|
Gilchrist |
|
11/2/2016 |
|
Instrument No. 201621004806 |
|
|
|
Gulf |
|
11/01/2016 |
|
605 |
|
187 |
|
Hamilton |
|
11/1/2016 |
|
791 |
|
389 |
|
Hardee |
|
11/01/2016 |
|
Instrument No. 201625006095 |
|
|
|
Hernando |
|
11/2/2016 |
|
3410 |
|
796 |
|
Highlands |
|
11/2/2016 |
|
2552 |
|
647 |
|
Hillsborough |
|
11/7/2016 |
|
24510 |
|
250 |
|
Jefferson |
|
11/2/2016 |
|
734 |
|
1 |
|
Lafayette |
|
11/1/2016 |
|
362 |
|
1 |
|
Lake |
|
11/3/2016 |
|
4858 |
|
1728 |
|
Leon |
|
11/1/2016 |
|
4991 |
|
584 |
|
Levy |
|
11/1/2016 |
|
1404 |
|
248 |
|
Liberty |
|
11/2/2016 |
|
229 |
|
230 |
|
Madison |
|
11/1/2016 |
|
1218 |
|
53 |
|
Manatee |
|
11/1/2016 |
|
2645 |
|
5991 |
|
Marion |
|
11/2/2016 |
|
6480 |
|
66 |
|
Orange |
|
11/2/2016 |
|
Instrument No. 20160572846 |
|
|
|
Osceola |
|
11/2/2016 |
|
5050 |
|
127 |
|
Pasco |
|
11/2/2016 |
|
9451 |
|
1943 |
|
Pinellas |
|
11/2/2016 |
|
19399 |
|
345 |
|
Polk |
|
11/08/2016 |
|
9979 |
|
1442 |
|
Seminole |
|
11/02/2016 |
|
8797 |
|
890 |
|
Sumter |
|
11/7/2016 |
|
3176 |
|
483 |
|
Suwannee |
|
11/1/2016 |
|
1952 |
|
368 |
|
Taylor |
|
11/2/2016 |
|
752 |
|
840 |
|
Volusia |
|
11/2/2016 |
|
7320 |
|
4532 |
|
Wakulla |
|
11/1/2016 |
|
1015 |
|
712 |
|
Surface Transportation Board Recordation No. 27455-H recorded October 17, 2016
FIFTY-FOURTH SUPPLEMENTAL INDENTURE dated January 1, 2017
STATE OF FLORIDA
County |
|
Date of Recordation |
|
Book |
|
Page |
|
Alachua |
|
1/27/2017 |
|
4490 |
|
1961 |
|
Bay |
|
1/27/2017 |
|
3869 |
|
486 |
|
Brevard |
|
1/27/2017 |
|
7807 |
|
891 |
|
Citrus |
|
1/27/2017 |
|
2807 |
|
1300 |
|
Columbia |
|
1/27/2017 |
|
1329 |
|
2411 |
|
Dixie |
|
2/1/2017 |
|
501 |
|
546 |
|
Flagler |
|
1/30/2017 |
|
2183 |
|
1912 |
|
Franklin |
|
1/27/2017 |
|
1184 |
|
469 |
|
Gadsden |
|
1/27/2017 |
|
827 |
|
1553 |
|
Gilchrist |
|
1/30/2017 |
|
Instrument No. 20172100414 |
|
|
|
Gulf |
|
1/30/2017 |
|
610 |
|
328 |
|
Hamilton |
|
1/27/2017 |
|
795 |
|
332 |
|
Hardee |
|
1/30/2017 |
|
Instrument No. 201725000508 |
|
|
|
Hernando |
|
2/6/2017 |
|
3437 |
|
1 |
|
Highlands |
|
1/27/2017 |
|
2563 |
|
1562 |
|
Hillsborough |
|
2/2/2017 |
|
24705 |
|
1672 |
|
Jefferson |
|
1/27/2017 |
|
737 |
|
49 |
|
Lafayette |
|
1/27/2017 |
|
364 |
|
414 |
|
Lake |
|
3/9/2017 |
|
4913 |
|
1 |
|
Leon |
|
1/27/2017 |
|
5021 |
|
845 |
|
Levy |
|
1/27/2017 |
|
1411 |
|
833 |
|
Liberty |
|
1/30/2017 |
|
231 |
|
1 |
|
Madison |
|
1/27/2017 |
|
1227 |
|
52 |
|
Manatee |
|
1/27/2017 |
|
2657 |
|
7802 |
|
Marion |
|
1/27/2017 |
|
6523 |
|
171 |
|
Orange |
|
2/1/2017 |
|
Instrument No. 20170059594 |
|
|
|
Osceola |
|
1/30/2017 |
|
5093 |
|
1169 |
|
Pasco |
|
1/30/2017 |
|
9489 |
|
896 |
|
Pinellas |
|
1/24/2017 |
|
19494 |
|
2120 |
|
Polk |
|
3/13/2017 |
|
10088 |
|
1627 |
|
Seminole |
|
1/27/2017 |
|
8852 |
|
15 |
|
Sumter |
|
3/15/2017 |
|
3230 |
|
150 |
|
Suwannee |
|
1/27/2017 |
|
1967 |
|
1 |
|
Taylor |
|
1/30/2017 |
|
757 |
|
1 |
|
Volusia |
|
1/30/2017 |
|
7354 |
|
1624 |
|
Wakulla |
|
1/30/2017 |
|
1024 |
|
68 |
|
Surface Transportation Board Recordation No. 27455-I recorded January 26, 2017.
DUKE ENERGY BUSINESS SERVICES LLC
526 South Church Street
Charlotte, North Carolina 28202
June 21, 2018
Duke Energy Florida, LLC
299 First Avenue North
St. Petersburg, Florida 33701
Re: Duke Energy Florida, LLC $600,000,000 aggregate principal amount of First Mortgage Bonds, 3.80% Series due 2028 and $400,000,000 aggregate principal amount of First Mortgage Bonds, 4.20% Series due 2048
Ladies and Gentlemen:
I am Deputy General Counsel of Duke Energy Business Services LLC, the service company affiliate of Duke Energy Florida, LLC, a Florida limited liability company (the Company), and in such capacity I have acted as counsel to the Company in connection with the public offering of $600,000,000 aggregate principal amount of the Companys First Mortgage Bonds, 3.80% Series due 2028 and $400,000,000 aggregate principal amount of the Companys First Mortgage Bonds, 4.20% Series due 2048 (collectively, the Bonds), to be issued under an Indenture (the Original Mortgage), dated as of January 1, 1944, with The Bank of New York Mellon, as successor Trustee (the Trustee), as heretofore supplemented and amended and as further supplemented by the Fifty-Fifth Supplemental Indenture, dated as of June 1, 2018 (the Supplemental Indenture) (as so amended and supplemented, the Mortgage). On June 18, 2018, the Company entered into an Underwriting Agreement (the Underwriting Agreement) with Barclays Capital Inc., BNP Paribas Securities Corp., PNC Capital Markets LLC, SMBC Nikko Securities America, Inc. and SunTrust Robinson Humphrey, Inc., as representatives of the several underwriters named therein (the Underwriters), relating to the sale by the Company to the Underwriters of the Bonds.
This opinion is being delivered in accordance with the requirements of Item 601(b)(5) of Regulation S-K under the Securities Act of 1933, as amended (the 1933 Act).
I am a member of the bar of the State of North Carolina and my opinion set forth herein is limited to the laws of the State of New York and the State of Florida. I do not express any opinion with respect to the laws of any other jurisdiction, or as to the effect thereof on the opinion herein stated. In rendering the opinion set forth herein, with respect to matters of Florida law, I have relied on the opinion of Dianne M. Triplett, Esq., Deputy General Counsel of Duke Energy Business Services LLC, the service company affiliate of the Company, attached hereto as Annex I. The Mortgage and the form of Bonds do not include provisions specifying the governing law. For purposes of my opinions, I have assumed that the Mortgage and the Bonds are governed exclusively by the laws of the State of Florida.
In connection with this opinion, I or attorneys under my supervision (with whom I have consulted) have examined and are familiar with originals or copies, certified or otherwise identified to our satisfaction, of:
(a) the registration statement on Form S-3, as amended (File No. 333-213765-04) of the Company originally filed on September 23, 2016, and subsequently filed on January 26, 2017, with the Securities and Exchange Commission (the Commission) under the 1933 Act, allowing for delayed offerings pursuant to Rule 415 under the 1933 Act and the information deemed to be a part of such registration statement as of the date hereof pursuant to Rule 430B of the rules and regulations under the 1933 Act (the 1933 Act Regulations) and the information incorporated or deemed to be incorporated by reference in such registration statement pursuant to Item 12 of Form S-3 under the 1933 Act (such registration statement, effective upon original filing with the Commission on September 23, 2016 pursuant to Rule 462(e) of the 1933 Act Regulations, being hereinafter referred to as the Registration Statement);
(b) the prospectus, dated January 26, 2017, including the information incorporated or deemed to be incorporated by reference therein, which forms a part of and is included in the Registration Statement in the form filed with the Commission pursuant to Rule 424(b) of the 1933 Act Regulations;
(c) the preliminary prospectus supplement, dated June 18, 2018, including the information incorporated or deemed to be incorporated by reference therein, relating to the offering of the Bonds in the form filed with the Commission pursuant to Rule 424(b) of the 1933 Act Regulations;
(d) the prospectus supplement, dated June 18, 2018, including the information incorporated or deemed to be incorporated by reference therein (the Prospectus Supplement), relating to the offering of the Bonds in the form filed with the Commission pursuant to Rule 424(b) of the 1933 Act Regulations;
(e) the Issuer Free Writing Prospectus filed with the Commission on June 18, 2018 pursuant to Rule 433(d) of the 1933 Act Regulations and Section 5(e) of the Underwriting Agreement;
(f) an executed copy of the Underwriting Agreement;
(g) an executed copy of the Mortgage, including the Supplemental Indenture;
(h) specimens of the Bonds;
(i) the Articles of Organization of the Company, effective August 1, 2015;
(j) the Limited Liability Company Operating Agreement of the Company, dated as of August 1, 2015;
(k) resolutions of the Board of Directors of the Company (the Board of Directors), adopted at a meeting of the Board of Directors on February 23, 1944, authorizing, among other things, the Original Mortgage;
(l) resolutions of the Board of Directors, adopted at a meeting of the Board of Directors on July 22, 1993, establishing and appointing the First Mortgage Bond Indenture Committee;
(m) resolutions of the Board of Directors, adopted at a meeting of the Board of Directors on June 20, 2011, reestablishing the conditions upon which the First Mortgage Bond Indenture Committee may authorize the issuance and sale of the Companys first mortgage bonds, among other matters;
(n) resolutions of the Board of Directors, adopted by unanimous written consent effective November 8, 2012, reappointing the First Mortgage Bond Indenture Committee, among other matters;
(o) resolutions of the Board of Directors, adopted by unanimous written consent effective May 21, 2014, further reappointing the First Mortgage Bond Indenture Committee;
(p) Resolutions of the Board of Directors, adopted by unanimous written consent effective September 16, 2016, authorizing the filing of the Registration Statement and the issuance of the Companys securities and further reconstituting the composition of the First Mortgage Bond Indenture Committee of the Board of Directors, among other matters;
(q) the written consent of the First Mortgage Bond Indenture Committee of the Board of Directors, effective June 18, 2018, acting pursuant to specific delegation made and authorization given by the Board of Directors on July 22, 1993, June 20, 2011, November 8, 2012, May 21, 2014 and September 16, 2016, relating to the offering of the Bonds; and
(r) a good standing certificate of the Company issued by the Secretary of State of the State of Florida on June 18, 2018.
I or attorneys under my supervision (with whom I have consulted) have also examined originals or copies, certified or otherwise identified to our satisfaction, of such records of the Company and such agreements and certificates and receipts of public officials, certificates of officers or other representatives of the Company and others, and such other documents, certificates and records as I or attorneys under my supervision (with whom I have consulted) have deemed necessary or appropriate as a basis for the opinions set forth below.
In my examination, I or attorneys under my supervision (with whom I have consulted) have assumed the legal capacity of all natural persons, the genuineness of all signatures, the authenticity of all documents submitted to me as originals, the conformity to original documents of all documents submitted to me as facsimile, electronic, certified or photostatic copies, and the authenticity of such copies. In making my examination of executed documents or documents to be executed, I have assumed that the parties thereto, other than the Company, had the power or will have the power, limited liability company or other, to enter into and perform all obligations thereunder and I have also assumed the due authorization by all requisite action, limited liability company or other, and the execution and delivery by such parties of such documents and, except to the extent expressly set forth below, the validity and binding effect thereof on such parties. As to any facts material to the opinions expressed herein which were not independently established or verified, I or attorneys under my supervision (with whom I have consulted) have relied upon oral or written statements and representations of officers and other representatives of the Company and others and of public officials.
The opinion set forth below is subject to the following further qualifications, assumptions and limitations:
(i) the validity or enforcement of any agreements or instruments may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors rights generally and by general principles of equity (regardless of whether enforceability is considered in a proceeding in equity or at law) and
(ii) I do not express any opinion as to the applicability or effect of any fraudulent transfer, preference or similar law on any agreements or instruments or any transactions contemplated thereby.
Based upon the foregoing and subject to the limitations, qualifications, exceptions and assumptions set forth herein, I am of the opinion that the Bonds have been duly authorized and executed by the Company, and that when duly authenticated by the Trustee and issued and delivered by the Company against payment therefor in accordance with the terms of the Underwriting Agreement and the Mortgage, the Bonds will constitute valid and binding obligations of the Company entitled to the benefits of the Mortgage and enforceable against the Company in accordance with their terms.
I hereby consent to the filing of this opinion with the Commission as an exhibit to the Registration Statement through incorporation by reference of a current report on Form 8-K. I also hereby consent to the use of my name under the heading Legal Matters in the Prospectus Supplement. In giving this consent, I do not hereby admit that I am in the category of persons whose consent is required under Section 7 of the 1933 Act or the rules and regulations of the Commission promulgated thereunder. This opinion is expressed as of the date hereof unless otherwise expressly stated, and I disclaim any undertaking to advise you of any subsequent changes in the facts stated or assumed herein or of any subsequent changes in applicable laws.
|
Very truly yours, |
|
|
|
/s/ Robert T. Lucas III |
|
Robert T. Lucas III, Esq. |
Annex I
DUKE ENERGY BUSINESS SERVICES LLC
526 South Church Street
Charlotte, North Carolina 28202
June 21, 2018
Robert T. Lucas III, Esq.
550 S. Tryon Street
Charlotte, North Carolina 28202
Re: Duke Energy Florida, LLC $600,000,000 aggregate principal amount of First Mortgage Bonds, 3.80% Series due 2028 and $400,000,000 aggregate principal amount of First Mortgage Bonds, 4.20% Series due 2048
Dear Mr. Lucas:
I am Deputy General Counsel of Duke Energy Business Services LLC, the service company affiliate of Duke Energy Florida, LLC, a Florida limited liability company (the Company), and in such capacity I have acted as counsel to the Company in connection with the public offering of $600,000,000 aggregate principal amount of the Companys First Mortgage Bonds, 3.80% Series due 2028 and $400,000,000 aggregate principal amount of the Companys First Mortgage Bonds, 4.20% Series due 2048 (collectively, the Bonds), to be issued under an Indenture (the Original Mortgage), dated as of January 1, 1944, with The Bank of New York Mellon, as successor Trustee (the Trustee), as heretofore supplemented and amended and as further supplemented by the Fifty-Fifth Supplemental Indenture, dated as of June 1, 2018 (the Supplemental Indenture) (as so amended and supplemented, the Mortgage). On June 18, 2018, the Company entered into an Underwriting Agreement (the Underwriting Agreement) with Barclays Capital Inc., BNP Paribas Securities Corp., PNC Capital Markets LLC, SMBC Nikko Securities America, Inc. and SunTrust Robinson Humphrey, Inc., as representatives of the several underwriters named therein (the Underwriters), relating to the sale by the Company to the Underwriters of the Bonds.
This opinion is being delivered in accordance with the requirements of Item 601(b)(5) of Regulation S-K under the Securities Act of 1933, as amended (the 1933 Act).
I am a member of the bar of the State of Florida and my opinion set forth herein is limited to the laws of the State of Florida. I do not express any opinion with respect to the laws of any other jurisdiction, or as to the effect thereof on the opinion herein stated. The Mortgage and the form of Bonds do not include provisions specifying the governing law. For purposes of my opinions, I have assumed that the Mortgage and the Bonds are governed exclusively by the laws of the State of Florida.
In connection with this opinion, I or attorneys under my supervision (with whom I have consulted) have examined and are familiar with originals or copies, certified or otherwise identified to our satisfaction, of:
(a) the registration statement on Form S-3, as amended (File No. 333-213765-04) of the Company originally filed on September 23, 2016, and subsequently filed on January 26, 2017, with the Securities and Exchange Commission (the Commission) under the 1933 Act, allowing for delayed offerings pursuant to Rule 415 under the 1933 Act and the information deemed to be a part of such registration statement as of the date hereof pursuant to Rule 430B of the rules and regulations under the 1933 Act (the 1933 Act Regulations) and the information incorporated or deemed to be incorporated by reference in such registration statement pursuant to Item 12 of Form S-3 under the 1933 Act (such registration statement, effective upon original filing with the Commission on September 23, 2016 pursuant to Rule 462(e) of the 1933 Act Regulations, being hereinafter referred to as the Registration Statement);
(b) the prospectus, dated January 26, 2017, including the information incorporated or deemed to be incorporated by reference therein, which forms a part of and is included in the Registration
Statement in the form filed with the Commission pursuant to Rule 424(b) of the 1933 Act Regulations;
(c) the preliminary prospectus supplement, dated June 18, 2018, including the information incorporated or deemed to be incorporated by reference therein, relating to the offering of the Bonds in the form filed with the Commission pursuant to Rule 424(b) of the 1933 Act Regulations;
(d) the prospectus supplement, dated June 18, 2018, including the information incorporated or deemed to be incorporated by reference therein (the Prospectus Supplement), relating to the offering of the Bonds in the form filed with the Commission pursuant to Rule 424(b) of the 1933 Act Regulations;
(e) the Issuer Free Writing Prospectus filed with the Commission on June 18, 2018 pursuant to Rule 433(d) of the 1933 Act Regulations and Section 5(e) of the Underwriting Agreement;
(f) an executed copy of the Underwriting Agreement;
(g) an executed copy of the Mortgage, including the Supplemental Indenture;
(h) specimens of the Bonds;
(i) the Articles of Organization of the Company, effective August 1, 2015;
(j) the Limited Liability Company Operating Agreement of the Company, dated as of August 1, 2015;
(k) resolutions of the Board of Directors of the Company (the Board of Directors), adopted at a meeting of the Board of Directors on February 23, 1944, authorizing, among other things, the Original Mortgage;
(l) resolutions of the Board of Directors, adopted at a meeting of the Board of Directors on July 22, 1993, establishing and appointing the First Mortgage Bond Indenture Committee;
(m) resolutions of the Board of Directors, adopted at a meeting of the Board of Directors on June 20, 2011, reestablishing the conditions upon which the First Mortgage Bond Indenture Committee may authorize the issuance and sale of the Companys first mortgage bonds, among other matters;
(n) resolutions of the Board of Directors, adopted by unanimous written consent effective November 8, 2012, reappointing the First Mortgage Bond Indenture Committee, among other matters;
(o) resolutions of the Board of Directors, adopted by unanimous written consent effective May 21, 2014, further reappointing the First Mortgage Bond Indenture Committee;
(p) Resolutions of the Board of Directors, adopted by unanimous written consent effective September 16, 2016, authorizing the filing of the Registration Statement and the issuance of the Companys securities and further reconstituting the composition of the First Mortgage Bond Indenture Committee of the Board of Directors, among other matters;
(q) the written consent of the First Mortgage Bond Indenture Committee of the Board of Directors, effective June 18, 2018, acting pursuant to specific delegation made and authorization given by the Board of Directors on July 22, 1993, June 20, 2011, November 8, 2012, May 21, 2014 and September 16, 2016, relating to the offering of the Bonds; and
(r) a good standing certificate of the Company issued by the Secretary of State of the State of Florida on June 18, 2018.
I or attorneys under my supervision (with whom I have consulted) have also examined originals or copies, certified or otherwise identified to our satisfaction, of such records of the Company and such agreements and certificates and receipts of public officials, certificates of officers or other representatives of the Company and others, and such other documents, certificates and records as I or attorneys under my supervision (with whom I have consulted) have deemed necessary or appropriate as a basis for the opinions set forth below.
In my examination, I or attorneys under my supervision (with whom I have consulted) have assumed the legal capacity of all natural persons, the genuineness of all signatures, the authenticity of all documents submitted to me as originals, the conformity to original documents of all documents submitted to me as facsimile, electronic, certified or photostatic copies, and the authenticity of such copies. In making my examination of executed documents or documents to be executed, I have assumed that the parties thereto, other than the Company, had the power or will have the power, limited liability company or other, to enter into and perform all obligations thereunder and I have also assumed the due authorization by all requisite action, limited liability company or other, and the execution and delivery by such parties of such documents and, except to the extent expressly set forth below, the validity and binding effect thereof on such parties. As to any facts material to the opinions expressed herein which were not independently established or verified, I or attorneys under my supervision (with whom I have consulted) have relied upon oral or written statements and representations of officers and other representatives of the Company and others.
Based upon the foregoing and subject to the limitations, qualifications, exceptions and assumptions set forth herein, I am of the opinion that the Bonds have been duly authorized and executed by the Company.
This opinion is furnished for your benefit in connection with your rendering an opinion to the Company to be filed as an exhibit to the Registration Statement through incorporation by reference of a current report on Form 8-K, and I hereby consent to your attaching this opinion as an annex to such opinion. In giving this consent, I do not hereby admit that I am in the category of persons whose consent is required under Section 7 of the 1933 Act or the rules and regulations of the Commission promulgated thereunder. This opinion is expressed as of the date hereof unless otherwise expressly stated, and I disclaim any undertaking to advise you of any subsequent changes in the facts stated or assumed herein or of any subsequent changes in applicable laws.
|
Very truly yours, |
|
|
|
/s/ Dianne M. Triplett |
|
Dianne M. Triplett, Esq. |
EXECUTION VERSION
DUKE ENERGY FLORIDA, LLC
FIRST MORTGAGE BONDS,
$600,000,000 3.80% SERIES DUE 2028
$400,000,000 4.20% SERIES DUE 2048
UNDERWRITING AGREEMENT
June 18, 2018
Barclays Capital Inc.
BNP Paribas Securities Corp.
PNC Capital Markets LLC
SMBC Nikko Securities America, Inc.
SunTrust Robinson Humphrey, Inc.
As Representatives of the several Underwriters
c/o Barclays Capital Inc.
745 Seventh Avenue
New York, NY 10019
Ladies and Gentlemen:
Introductory . DUKE ENERGY FLORIDA, LLC, a Florida limited liability company (the Company ), proposes, subject to the terms and conditions stated herein, to issue and sell (i) $600,000,000 aggregate principal amount of First Mortgage Bonds, 3.80% Series due 2028 (the 2028 Bonds ) and (ii) $400,000,000 aggregate principal amount of First Mortgage Bonds, 4.20% Series due 2048 (the 2048 Bonds and, together with the 2028 Bonds, the Bonds ), each to be issued under and secured by its Indenture, dated as of January 1, 1944 (the Original Mortgage ), between the Company and The Bank of New York Mellon, as successor trustee (the Trustee ), as amended and supplemented by various supplemental indentures, including the Fifty-Fifth Supplemental Indenture, to be dated as of June 1, 2018 (the Supplemental Indenture ) (the Original Mortgage, as so amended and supplemented, being hereinafter called the Mortgage ). Barclays Capital Inc., BNP Paribas Securities Corp., PNC Capital Markets LLC, SMBC Nikko Securities America, Inc. and SunTrust Robinson Humphrey, Inc. (the Representatives ) are acting as representatives of the several underwriters named in Schedule A hereto (together with the Representatives, the Underwriters ). The Company understands that the several Underwriters propose to offer the Bonds for sale upon the terms and conditions contemplated by (i) this Agreement and (ii) the Base Prospectus, the Preliminary Prospectus and any Permitted Free Writing Prospectus (each as defined below) issued at or prior to the Applicable Time (as defined below) (the documents referred to in the foregoing subclause (ii) are referred to herein as the Pricing Disclosure Package ).
1. Representations and Warranties of the Company. As of the date hereof, as of the Applicable Time (as defined below) and as of the Closing Date (as defined below) the Company represents and warrants to, and agrees with, the several Underwriters that:
(a) Registration statement, as amended (No. 333-213765-04), including a prospectus, relating to the Bonds and certain other securities has been filed with the Securities and Exchange Commission (the Commission ) under the Securities Act of 1933, as amended (the 1933 Act ). Such registration statement and any post-effective amendment thereto, each in the form heretofore delivered to you, became effective upon filing with the Commission pursuant to Rule 462 of the rules and regulations of the Commission under the 1933 Act (the 1933 Act Regulations ), and no stop order suspending the effectiveness of such registration statement has been issued and no proceeding for that purpose or pursuant to Section 8A of the 1933 Act has been initiated or threatened by the Commission (if prepared, any preliminary prospectus supplement specifically relating to the Bonds immediately prior to the Applicable Time included in such registration statement or filed with the Commission pursuant to Rule 424(b) of the 1933 Act Regulations being hereinafter called a Preliminary Prospectus ); the term Registration Statement means the registration statement as deemed revised pursuant to Rule 430B(f)(1) of the 1933 Act Regulations on the date of such registration statements effectiveness for purposes of Section 11 of the 1933 Act, as such section applies to the Company and the Underwriters for the Bonds pursuant to Rule 430B(f)(2) of the 1933 Act Regulations (the Effective Date ), including all exhibits thereto and including the documents incorporated by reference in the prospectus contained in the Registration Statement at the time such part of the Registration Statement became effective; the term Base Prospectus means the prospectus filed with the Commission on the date hereof by the Company; and the term Prospectus means the Base Prospectus together with the prospectus supplement specifically relating to the Bonds prepared in accordance with the provisions of Rule 430B and promptly filed after execution and delivery of this Agreement pursuant to Rule 430B or Rule 424(b) of the 1933 Act Regulations; any information included in such Prospectus that was omitted from the Registration Statement at the time it became effective but that is deemed to be a part of and included in such registration statement pursuant to Rule 430B is referred to as Rule 430B Information ; and any reference herein to any Registration Statement, Preliminary Prospectus or the Prospectus shall be deemed to refer to and include the documents incorporated by reference therein, prior to the date hereof; any reference to any amendment or supplement to any Preliminary Prospectus or Prospectus shall be deemed to refer to and include any documents filed after the date of such Preliminary Prospectus or Prospectus, as the case may be, under the Securities Exchange Act of 1934, as amended (the 1934 Act ), and incorporated by reference in such Preliminary Prospectus or Prospectus, as the case may be; and any reference to any amendment to the Registration Statement shall be deemed to refer to and include any annual report of the Company filed pursuant to Section 13(a) or 15(d) of the 1934 Act after the effective date of the Registration Statement that is incorporated by reference in
the Registration Statement. For purposes of this Agreement, the term Applicable Time means 4:40 p.m. (New York City time) on the date hereof.
(b) The Registration Statement, the Permitted Free Writing Prospectus specified on Schedule B hereto, the Preliminary Prospectus and the Prospectus conform, and any amendments or supplements thereto will conform, in all material respects to the requirements of the 1933 Act and the 1933 Act Regulations; and (A) the Registration Statement, as of its original effective date, as of the date of any amendment, at each deemed effective date with respect to the Underwriters pursuant to Rule 430B(f)(2) of the 1933 Act Regulations, and at the Closing Date, did not and will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein not misleading, and (B) (i) the Pricing Disclosure Package, as of the Applicable Time, did not, (ii) the Prospectus and any amendment or supplement thereto, as of their dates, will not, and (iii) the Prospectus as of the Closing Date will not, include any untrue statement of a material fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, except that the Company makes no warranty or representation to the Underwriters with respect to any statements or omissions made in reliance upon and in conformity with written information furnished to the Company by the Representatives on behalf of the Underwriters specifically for use in the Registration Statement, the Permitted Free Writing Prospectus, the Preliminary Prospectus or the Prospectus.
(c) Any Permitted Free Writing Prospectus specified on Schedule B hereto as of its issue date and at all subsequent times through the completion of the public offer and sale of the Bonds or until any earlier date that the Company notified or notifies the Underwriters as described in Section 5(f) did not, does not and will not include any information that conflicts with the information (not superseded or modified as of the Effective Date) contained in the Registration Statement, any Preliminary Prospectus or the Prospectus.
(d) At the earliest time the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the 1933 Act Regulations) of the Bonds, the Company was not an ineligible issuer as defined in Rule 405 of the 1933 Act Regulations. The Company is, and was at the time of the initial filing of the Registration Statement, eligible to use Form S-3 under the 1933 Act.
(e) The documents and interactive data in eXtensible Business Reporting Language ( XBRL ) incorporated or deemed to be incorporated by reference in the Registration Statement, the Pricing Disclosure Package and the Prospectus, at the time they were filed or hereafter are filed with the Commission, complied and will comply in all material respects with the requirements of the 1934 Act and the rules and regulations of the Commission thereunder (the 1934 Act Regulations ), and, when read together with the other information in the Prospectus, (a) at the time the Registration Statement became effective, (b) at the Applicable Time and (c) on the Closing Date did not, and will not contain an
untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.
(f) The Companys most recent Annual Report filed on Form 10-K meets the conditions specified in General Instruction I(1) of the General Instructions for Form 10-K, and the Companys most recent Quarterly Report filed on Form 10-Q meets the conditions specified in General Instruction H(1) of the General Instructions for Form 10-Q.
(g) The compliance by the Company with all of the provisions of this Agreement has been duly authorized by all necessary limited liability company action and the consummation of the transactions herein contemplated will not conflict with or result in a breach or violation of any of the terms or provisions of, or constitute a default under, any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company is a party or by which it is bound or to which any of its properties or assets is subject that would have a material adverse effect on the business, financial condition or results of operations of the Company, nor will such action result in any violation of the provisions of the Articles of Organization, the Limited Liability Company Operating Agreement or other governing document of the Company or any statute or any order, rule or regulation of any court or governmental agency or body having jurisdiction over the Company or any of its properties that would have a material adverse effect on the business, financial condition or results of operations of the Company; and no consent, approval, authorization, order, registration or qualification of or with any such court or governmental agency or body is required for the consummation by the Company of the transactions contemplated by this Agreement, except for authorization by the Florida Public Service Commission and the registration under the 1933 Act of the Bonds, qualification under the Trust Indenture Act of 1939 (the 1939 Act ) and such consents, approvals, authorizations, registrations or qualifications as may be required under state securities or Blue Sky laws in connection with the purchase and distribution of the Bonds by the Underwriters.
(h) This Agreement has been duly authorized, executed and delivered by the Company.
(i) The Original Mortgage has been duly authorized, executed and delivered by the Company and duly qualified under the 1939 Act and the Supplemental Indenture has been duly authorized and when executed and delivered by the Company and, assuming the due authorization, execution and delivery thereof by the Trustee, the Mortgage constitutes a valid and legally binding instrument of the Company enforceable against the Company in accordance with its terms, subject to (i) applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer or similar laws affecting creditors rights generally and (ii) general principles of equity and any implied covenant of good faith and fair dealing (regardless of whether such enforceability is considered in a proceeding at law or in equity and except for the effect on enforceability of federal or state law
limiting, delaying or prohibiting the making of payments outside the United States); provided, however, that certain remedies, waivers and other provisions of the Mortgage may not be enforceable, but such unenforceability will not render the Mortgage invalid as a whole or affect the judicial enforcement of (x) the obligation of the Company to repay the principal, together with the interest thereon as provided in the Securities or (y) the right of the Trustee to exercise its right to foreclose under the Mortgage.
(j) The Bonds have been duly authorized and when executed by the Company, and when authenticated by the Trustee, in the manner provided in the Mortgage and delivered against payment therefor, will constitute valid and legally binding obligations of the Company, enforceable against the Company in accordance with their terms, except as the enforceability thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors rights generally and by general principles of equity (regardless of whether enforceability is considered in a proceeding in equity or at law) and are entitled to the benefits and security afforded by the Mortgage in accordance with the terms of the Mortgage and the Bonds, except as set forth in paragraph (i) above.
(k) Any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument filed or incorporated by reference as an exhibit to the Registration Statement or the Annual Report on Form 10-K of the Company for the fiscal year ended December 31, 2017 or any subsequent Quarterly Report on Form 10-Q of the Company or any Current Report on Form 8-K of the Company with an execution or filing date after December 31, 2017 are all indentures, mortgages, deeds of trust, loan agreements or other agreements or instruments that are material to the Company and its subsidiaries taken as a whole.
(l) The Company has no significant subsidiaries within the meaning of Rule 405 of the 1933 Act Regulations.
(m) The Company (i) is a limited liability company duly organized and validly existing in good standing under the laws of the State of Florida and (ii) is duly qualified to do business in each jurisdiction where the failure to be so qualified would materially adversely affect the ability of the Company to perform its obligations under this Agreement, the Mortgage or the Bonds.
3. Purchase, Sale and Delivery of Bonds. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters, and the Underwriters agree, severally and not jointly, to purchase from the Company, at a purchase price of (i) 99.165% of the principal amount of the 2028 Bonds plus accrued interest, if any, from June 21, 2018 and (ii) 98.986% of the principal amount of the 2048 Bonds plus accrued interest, if any, from June 21, 2018 (and in the manner set forth below), the respective principal amounts of Bonds set forth opposite the name of each Underwriter on Schedule A hereto plus the respective principal amounts of additional Bonds which each such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof. The Underwriters hereby also agree to make a payment to the
Company in an aggregate amount equal to $1,700,000, including in respect of expenses incurred by the Company in connection with the offering of the Bonds.
Payment of the purchase price for the Bonds to be purchased by the Underwriters and the payment referred to above shall be made at the offices of Hunton Andrews Kurth LLP, 200 Park Avenue, 52nd Floor, New York, New York 10166, or at such other place as shall be mutually agreed upon by the Representatives and the Company, at 10:00 a.m., New York City time, on June 21, 2018 or such other time and date as shall be agreed upon in writing by the Company and the Representatives (the Closing Date ). All other documents referred to herein that are to be delivered at the Closing Date shall be delivered at that time at the offices of Sidley Austin LLP, 787 Seventh Avenue, New York, New York 10019. Payment shall be made to the Company by wire transfer in immediately available funds, payable to the order of the Company against delivery of the Bonds, in fully registered forms, to you or upon your order. The 2028 Bonds and the 2048 Bonds shall each be delivered in the form of one or more global certificates in aggregate denomination equal to the aggregate principal amount of the respective 2028 Bonds and 2048 Bonds upon original issuance, and registered in the name of Cede & Co., as nominee for The Depository Trust Company ( DTC ).
4. Offering by the Underwriters. It is understood that the several Underwriters propose to offer the Bonds for sale to the public as set forth in the Pricing Disclosure Package and the Prospectus.
5. Covenants of the Company. The Company covenants and agrees with the several Underwriters that:
(a) The Company will cause any Preliminary Prospectus and the Prospectus to be filed pursuant to, and in compliance with, Rule 424(b) of the 1933 Act Regulations, and advise the Underwriters promptly of the filing of any amendment or supplement to the Registration Statement, any Preliminary Prospectus or the Prospectus and of the institution by the Commission of any stop order proceedings in respect of the Registration Statement, and will use its best efforts to prevent the issuance of any such stop order and to obtain as soon as possible its lifting, if issued.
(b) If at any time when a prospectus relating to the Bonds (or the notice referred to in Rule 173(a) of the 1933 Act Regulations) is required to be delivered under the 1933 Act any event occurs as a result of which the Pricing Disclosure Package or the Prospectus as then amended or supplemented would include an untrue statement of a material fact, or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, or if it is necessary at any time to amend the Pricing Disclosure Package or the Prospectus to comply with the 1933 Act, the Company promptly will prepare and file with the Commission an amendment, supplement or an appropriate document pursuant to Section 13 or 14 of the 1934 Act which will correct such statement or omission or which will effect such compliance.
(c) The Company, during the period when a prospectus relating to the Bonds is required to be delivered under the 1933 Act, will timely file all documents required to be filed with the Commission pursuant to Section 13 or 14 of the 1934 Act.
(d) Without the prior consent of the Underwriters, the Company has not made and will not make any offer relating to the Bonds that would constitute a free writing prospectus as defined in Rule 405 of the 1933 Act Regulations, other than a Permitted Free Writing Prospectus; each Underwriter, severally and not jointly, represents and agrees that, without the prior consent of the Company, it has not made and will not make any offer relating to the Bonds that would constitute a free writing prospectus as defined in Rule 405 of the 1933 Act Regulations, other than a Permitted Free Writing Prospectus or a free writing prospectus that is not required to be filed by the Company pursuant to Rule 433 of the 1933 Act Regulations ( Rule 433 ); any such free writing prospectus (which shall include the pricing term sheet discussed in Section 5(e) below), the use of which has been consented to by the Company and the Underwriters, is listed on Schedule B and herein is called a Permitted Free Writing Prospectus. The Company represents that it has treated or agrees that it will treat each Permitted Free Writing Prospectus as an issuer free writing prospectus, as defined in Rule 433, and has complied and will comply with the requirements of Rule 433 applicable to any Permitted Free Writing Prospectus, including timely filing with the Commission where required, legending and record keeping.
(e) The Company agrees to prepare a pricing term sheet specifying the terms of the Bonds not contained in any Preliminary Prospectus, substantially in the form of Schedule C hereto and approved by the Representatives on behalf of the Underwriters, and to file such pricing term sheet as an issuer free writing prospectus pursuant to Rule 433 prior to the close of business two business days after the date hereof.
(f) The Company agrees that if at any time following the issuance of a Permitted Free Writing Prospectus any event occurs as a result of which such Permitted Free Writing Prospectus would conflict with the information (not superseded or modified as of the Effective Date) in the Registration Statement, the Pricing Disclosure Package or the Prospectus or would include an untrue statement of a material fact or omit to state any material fact necessary in order to make the statements therein, in light of the circumstances then prevailing, not misleading, the Company will give prompt notice thereof to the Underwriters and, if requested by the Underwriters, will prepare and furnish without charge to each Underwriter a free writing prospectus or other document, the use of which has been consented to by the Underwriters, which will correct such conflict, statement or omission.
(g) The Company will make generally available to its security holders, in each case as soon as practicable but not later than 60 days after the close of the period covered thereby, earnings statements (in form complying with the provisions of Rule 158 under the 1933 Act, which need not be certified by independent certified public
accountants unless required by the 1933 Act) covering (i) a twelve-month period beginning not later than the first day of the Companys fiscal quarter next following the effective date of the Registration Statement and (ii) a twelve-month period beginning not later than the first day of the Companys fiscal quarter next following the date of this Agreement.
(h) The Company will furnish to you, without charge, copies of the Registration Statement (three of which will include all exhibits other than those incorporated by reference), the Pricing Disclosure Package and the Prospectus, and all amendments and supplements to such documents, in each case as soon as available and in such quantities as you reasonably request.
(i) The Company will arrange or cooperate in arrangements for the qualification of the Bonds for sale under the laws of such jurisdictions as you designate and will continue such qualifications in effect so long as required for the distribution; provided, however, that the Company shall not be required to qualify as a foreign limited liability company or to file any general consents to service of process under the laws of any state where it is not now so subject.
(j) The Company will pay all expenses incident to the performance of its obligations under this Agreement including (i) the printing and filing of the Registration Statement and the printing of this Agreement and any Blue Sky Survey, (ii) the preparation and printing of certificates for the Bonds, (iii) the issuance and delivery of the Bonds as specified herein, (iv) the fees and disbursements of counsel for the Underwriters in connection with the qualification of the Bonds under the securities laws of any jurisdiction in accordance with the provisions of Section 5(i) and in connection with the preparation of the Blue Sky Survey, such fees not to exceed $5,000, (v) the printing and delivery to the Underwriters, in quantities as hereinabove referred to, of copies of the Registration Statement and any amendments thereto, of any Preliminary Prospectus, of the Prospectus, of any Permitted Free Writing Prospectus and any amendments or supplements thereto, (vi) any fees charged by independent rating agencies for rating the Bonds, (vii) any fees and expenses in connection with the listing of the Bonds on the New York Stock Exchange, (viii) any filing fee required by the Financial Industry Regulatory Authority, Inc. (ix) the costs of any depository arrangements for the Bonds with DTC or any successor depositary, (x) the costs and expenses of the Company relating to investor presentations on any road show undertaken in connection with the marketing of the offering of the Bonds, including, without limitation, expenses associated with the production of road show slides and graphics, fees and expenses of any consultants engaged in connection with the road show presentations with the prior approval of the Company, travel and lodging expenses of the Underwriters and officers of the Company and any such consultants, and the cost of any aircraft chartered in connection with the road show; provided, however, the Underwriters shall reimburse a portion of the costs and expenses referred to in this clause (x) and (xi) the preparation, execution, filing and recording by the Company of the Supplemental Indenture; and the
Company will pay all taxes, if any (but not including any transfer taxes), on the filing and recordation of the Supplemental Indenture.
(k) Promptly after the Closing Date, the Company will cause the Supplemental Indenture to be recorded (i) in all recording offices in the State of Florida in which the property intended to be subject to the lien of the Mortgage is located and (ii) with the Surface Transportation Board.
6. Conditions of the Obligations of the Underwriters. The obligations of the several Underwriters to purchase and pay for the Bonds will be subject to the accuracy of the representations and warranties on the part of the Company herein, to the accuracy of the statements of officers of the Company made pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions precedent:
(a) The Prospectus shall have been filed by the Company with the Commission pursuant to Rule 424(b) within the applicable time period prescribed for filing by the 1933 Act Regulations and in accordance herewith and each Permitted Free Writing Prospectus shall have been filed by the Company with the Commission within the applicable time periods prescribed for such filings by, and otherwise in compliance with, Rule 433.
(b) On or after the Applicable Time and prior to the Closing Date, no stop order suspending the effectiveness of the Registration Statement shall have been issued and no proceedings for that purpose or pursuant to Section 8A of the 1933 Act shall have been instituted or, to the knowledge of the Company or you, shall be threatened by the Commission.
(c) On or after the Applicable Time and prior to the Closing Date, the rating assigned by Moodys Investors Service, Inc. or S&P Global Ratings (or any of their successors) to any debt securities or preferred stock of the Company as of the date of this Agreement shall not have been lowered.
(d) Since the respective most recent dates as of which information is given in the Pricing Disclosure Package and the Prospectus and up to the Closing Date, there shall not have been any material adverse change in the condition of the Company, financial or otherwise, except as reflected in or contemplated by the Pricing Disclosure Package and the Prospectus, and, since such dates and up to the Closing Date, there shall not have been any material transaction entered into by the Company other than transactions contemplated by the Pricing Disclosure Package and the Prospectus and transactions in the ordinary course of business, the effect of which in your reasonable judgment is so material and adverse as to make it impracticable or inadvisable to proceed with the public offering or the delivery of the Bonds on the terms and in the manner contemplated by the Pricing Disclosure Package and the Prospectus.
(e) You shall have received an opinion of Dianne M. Triplett, Esq., Deputy General Counsel of Duke Energy Business Services LLC, the service company subsidiary of Duke Energy Corporation (who in such capacity provides legal services to the Company) (or other appropriate counsel reasonably satisfactory to the Representatives, which may include Duke Energy Corporations other in house counsel), dated the Closing Date, to the effect that:
(i) The Company has been duly organized and is validly existing as a limited liability company in good standing under the law of the State of Florida, with power and authority (limited liability company and other) to own its properties and conduct its business as described in the Pricing Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement.
(ii) The Company is duly qualified to do business in each jurisdiction in which the ownership or leasing of its property or the conduct of its business requires such qualification, except where the failure to so qualify, considering all such cases in the aggregate, does not have a material adverse effect on the business, properties, financial condition or results of operations of the Company.
(iii) The Registration Statement became effective upon filing with the Commission pursuant to Rule 462 of the 1933 Act Regulations, and, to the best of such counsels knowledge, no stop order suspending the effectiveness of the Registration Statement has been issued and no proceedings for that purpose have been instituted or are pending or threatened under the 1933 Act.
(iv) The descriptions in the Registration Statement, the Pricing Disclosure Package and the Prospectus of any legal or governmental proceedings are accurate and fairly present the information required to be shown, and such counsel does not know of any litigation or any legal or governmental proceeding instituted or threatened against the Company or any of its properties that would be required to be disclosed in the Registration Statement, the Pricing Disclosure Package or the Prospectus and is not so disclosed.
(v) This Agreement has been duly authorized, executed and delivered by the Company.
(vi) The issue and sale of the Bonds by the Company and the execution, delivery and performance by the Company of this Agreement, the Mortgage and the Bonds will not contravene any of the provisions of the Articles of Organization or the Limited Liability Company Operating Agreement, the Florida Revised Limited Liability Company Act or any statute or any order, rule or regulation of which such counsel is aware of any court or governmental agency or body having jurisdiction over the
Company or any of its property, nor will such action conflict with or result in a breach or violation of any of the terms or provisions of, or constitute a default under any indenture, mortgage, deed of trust, loan agreement or other agreement to which the Company is a party or by which it or its property is bound or to which any of its property or assets is subject or any instrument filed or incorporated by reference as an exhibit to the Annual Report on Form 10-K of the Company for the fiscal year ended December 31, 2017 or any subsequent Quarterly Report on Form 10-Q of the Company or any Current Report on Form 8-K of the Company with an execution or filing date after December 31, 2017, which affects in a material way the Companys ability to perform its obligations under this Agreement, the Mortgage or the Bonds.
(vii) The Florida Public Service Commission has issued an appropriate order with respect to the issuance and sale of the Bonds in accordance with this Agreement, and, to the best of such counsels knowledge, such order is still in effect and the issuance and sale of the Bonds to the Underwriters are in conformity with the terms of such order.
(viii) The Mortgage has been duly qualified under the 1939 Act.
(ix) The Mortgage has been duly and validly authorized by all necessary limited liability company action, has been duly and validly executed and delivered by the Company, and is a valid and binding mortgage of the Company enforceable in accordance with its terms; provided, however , that certain remedies, waivers and other provisions of the Mortgage may not be enforceable, but such unenforceability will not render the Mortgage invalid as a whole or affect the judicial enforcement of (A) the obligation of the Company to repay the principal, together with the interest thereon as provided in the Bonds or (B) the right of the Trustee to exercise its right to foreclose under the Mortgage.
(x) The Bonds have been duly authorized, executed and issued by the Company and, when the same have been authenticated by the Trustee as specified in the Mortgage and delivered against payment therefor, will constitute valid and legally binding obligations of the Company enforceable against the Company in accordance with their terms, and are entitled to the benefits and security afforded by the Mortgage in accordance with the terms of the Mortgage and the Bonds, except as set forth in paragraph (ix) above.
(xi) The Company has good and marketable title, with minor exceptions, restrictions and reservations in conveyances, and defects that are of the nature ordinarily found in properties of similar character and magnitude and that, in such counsels opinion, will not in any substantial way impair the security afforded by the Mortgage, to all the properties described in the granting clauses of the Mortgage and upon which the Mortgage purports
to create a lien. The description in the Mortgage of the above-mentioned properties is legally sufficient to constitute the Mortgage a lien upon said properties, including, without limitation, properties hereafter acquired by the Company (other than those expressly excepted and reserved therefrom). Said properties constitute substantially all the permanent physical properties and franchises (other than those expressly excepted and reserved therefrom) of the Company and are held by the Company free and clear of all liens and encumbrances except the lien of the Mortgage and excepted encumbrances, as defined in the Mortgage. The properties of the Company are subject to liens for current taxes, which it is the general practice of the Company to pay regularly as and when due. The Company has easements for rights-of- way adequate for the operation and maintenance of its transmission and distribution lines that are not constructed upon public highways. The Company has followed the practice generally of acquiring (i) certain rights-of-way and easements and certain small parcels of fee property appurtenant thereto and for use in conjunction therewith and (ii) certain other properties of small or inconsequential value, without an examination of title and, as to the title to lands affected by said rights-of-way and easements, of not examining the title of the lessor or grantor whenever the lands affected by such rights-of-way and easements are not of such substantial value as in the opinion of the Company to justify the expense attendant upon examination of titles in connection therewith. In the opinion of said counsel, such practice of the Company is consistent with sound economic practice and with the method followed by other companies engaged in the same business and is reasonably adequate to assure the Company of good and marketable title to all such property acquired by it. It is the opinion of said counsel that any such conditions or defects as may be covered by the above recited exceptions are not substantial and would not materially interfere with the Companys use of such properties or with its business operations. The Company has the right of eminent domain in the State of Florida under which it may, if necessary, perfect or obtain title to privately owned land or acquire easements or rights-of-way required for use or used by the Company in its public utility operations.
(xii) The Mortgage constitutes a valid, direct and first mortgage lien of record upon all franchises and properties now owned by the Company (other than those expressly excepted from the lien of the Mortgage and other than those franchises and properties which are not, individually or in the aggregate, material to the Company or the security afforded by the Mortgage) situated in the State of Florida, as described or referred to in the granting clauses of the Mortgage.
(xiii) The Mortgage, other than the Supplemental Indenture, has been recorded and filed in such manner and in such places as may be required by law in order to fully preserve and protect, in all material respects, the security of the bondholders and all rights of the Trustee thereunder, and the
Supplemental Indenture relating to the Bonds is in proper form for filing for record, both as a real estate mortgage and as a security interest, in all counties in the State of Florida in which any of the property (except as any therein or in the Mortgage are expressly excepted) described therein or in the Mortgage as subject to the lien of the Mortgage is located and, as a security interest, with the Surface Transportation Board and, upon such recording, the Supplemental Indenture will constitute adequate record notice to perfect the lien of the Mortgage, and preserve and protect, in all material respects, the security of the bondholders and all rights of the Trustee, as to all mortgaged and pledged property acquired by the Company subsequent to the recording of the Fifty-Fourth Supplemental Indenture dated as of January 1, 2017 and prior to the recording of the Supplemental Indenture.
(xiv) No consent, approval, authorization, order, registration or qualification of or with any federal or Florida governmental agency or body or, to such counsels knowledge, any federal or Florida court, which has not been obtained or taken and is not in full force and effect, is required for the issue and sale of the Bonds by the Company and the compliance by the Company with all of the provisions of this Agreement, except for the registration under the 1933 Act of the Bonds, and such consents, approvals, authorizations, registrations or qualifications as may be required under state securities or Blue Sky laws in connection with the purchase and distribution of the Bonds by the Underwriters.
Such counsel may state that such counsels opinions in paragraphs (ix), (x) and (xii) above are subject to the effects of bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other similar laws relating to or affecting creditors rights generally, and by general principles of equity (regardless of whether enforceability is considered in a proceeding in equity or at law) and to an implied covenant of good faith and fair dealing. Such counsel may also state that such counsels opinion in paragraph (xi) above is based upon the Companys title insurance. Such counsel shall state that nothing has come to such counsels attention that has caused such counsel to believe that each document incorporated by reference in the Registration Statement, the Pricing Disclosure Package and the Prospectus, when filed, was not, on its face, appropriately responsive, in all material respects, to the requirements of the 1934 Act and the 1934 Act Regulations. Such counsel shall also state that nothing has come to such counsels attention that has caused such counsel to believe that (i) the Registration Statement as of the effective date with respect to the Underwriters pursuant to Rule 430B(f)(2) of the 1933 Act Regulations, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein not misleading, (ii) the Pricing Disclosure Package at the Applicable Time contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading or (iii) that the Prospectus or any amendment or supplement thereto, as of their respective dates, or at the Closing Date, contained or contains any untrue statement of a material fact or omitted or omits to state any material fact necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. Such counsel may also state that,
except as otherwise expressly provided in such opinion, such counsel does not assume any responsibility for the accuracy, completeness or fairness of the statements contained in or incorporated by reference into the Registration Statement, the Pricing Disclosure Package or the Prospectus and does not express any opinion or belief as to (i) the financial statements or other financial and accounting data contained or incorporated by reference therein, or excluded therefrom, including XBRL interactive data, (ii) the statement of eligibility and qualification of the Trustee included in the Registration Statement (the Form T-1 ) or (iii) the information in the Prospectus under the caption Book-Entry System.
In rendering the foregoing opinion, such counsel may state that such counsel has relied as to certain factual matters on information obtained from public officials, officers of the Company and other sources believed by such counsel to be responsible.
(f) You shall have received an opinion of Hunton Andrews Kurth LLP, counsel to the Company, dated the Closing Date, to the effect that:
(i) The statements set forth (i) under the caption Description of First Mortgage Bonds in the Base Prospectus and (ii) under the caption Description of the Mortgage Bonds in the Pricing Disclosure Package and the Prospectus, insofar as such statements purport to summarize certain provisions of the Mortgage and the Bonds, fairly summarize such provisions in all material respects.
(ii) No Governmental Approval, which has not been obtained or taken and is not in full force and effect, is required to authorize, or is required for, the execution or delivery of this Agreement by the Company or the consummation by the Company of the transactions contemplated hereby.
(iii) The Company is not and, solely after giving effect to the offering and sale of the Bonds and the application of the proceeds thereof as described in the Prospectus, will not be subject to registration and regulation as an investment company as such term is defined in the Investment Company Act of 1940, as amended.
(iv) The statements set forth in the Pricing Disclosure Package and the Prospectus under the caption Underwriting (Conflicts of Interest), insofar as such statements purport to summarize certain provisions of this Agreement, fairly summarize such provisions in all material respects.
(v) The statements set forth in the Pricing Disclosure Package and the Prospectus under the caption Certain U.S. Federal Income Tax Considerations for Non-U.S. Holders, insofar as they purport to constitute summaries of matters of United States federal income tax law, constitute accurate and complete summaries, in all material respects, subject to the qualifications set forth therein.
In rendering the foregoing opinions, Hunton Andrews Kurth LLP may state that (i) Governmental Approval means any consent, approval,
license, authorization or validation of, or filing, qualification or registration with, any Governmental Authority required to be made or obtained by the Company pursuant to Applicable Laws, other than any consent, approval, license, authorization, validation, filing, qualification or registration that may have become applicable as a result of the involvement of any party (other than the Company) in the transactions contemplated by this Agreement or because of such parties legal or regulatory status or because of any other facts specifically pertaining to such parties; (ii) Governmental Authorities means any court, regulatory body, administrative agency or governmental body of the State of New York having jurisdiction over the Company under Applicable Laws and the Federal Energy Regulatory Commission, but excluding the New York State Public Service Commission; and (iii) Applicable Laws means those laws, rules and regulations of the State of New York and those federal laws, rules and regulations of the United States, in each case, that, in such counsels experience, are normally applicable to transactions of the type contemplated by this Agreement (other than the antifraud provisions of the United States federal securities laws, state securities or Blue Sky laws, antifraud laws, and the rules and regulations of the Financial Industry Regulatory Authority, Inc., and the New York State Public Service Commission and the New York State Public Service Law), but without such counsel having made any special investigation as to the applicability of any specific law, rule or regulation, and the Federal Power Act and the rules and regulations of the Federal Energy Regulatory Commission thereunder. In addition, such counsel may state that they have relied as to certain factual matters on information obtained from public officials, officers and representatives of the Company and that the signatures on all documents examined by them are genuine, assumptions which such counsel have not independently verified.
You shall also have received a statement of Hunton Andrews Kurth LLP, dated the Closing Date, to the effect that:
(i) no facts have come to such counsels attention that have caused such counsel to believe that the documents filed by the Company under the 1934 Act and the 1934 Act Regulations that are incorporated by reference in the preliminary prospectus supplement that forms a part of the Pricing Disclosure Package and the Prospectus, when filed, were not, on their face, appropriately responsive in all material respects to the requirements of the 1934 Act and the 1934 Act Regulations (except that in each case such counsel need not express any view as to the financial statements, schedules and other financial and accounting information included or incorporated by reference therein or excluded therefrom, compliance with XBRL interactive data requirements or that part of the Registration Statement that constitutes the statement of eligibility on the Form T-1) (ii) the Registration Statement, at the Applicable Time, and the Prospectus, as of its date, appeared on their face to be appropriately
responsive in all material respects to the requirements of the 1933 Act and the 1933 Act Rules and Regulations (except that in each case such counsel need not express any view as to the financial statements, schedules and other financial and accounting information included or incorporated by reference therein or excluded therefrom, compliance with XBRL interactive data requirements or that part of the Registration Statement that constitutes the statement of eligibility on the Form T-1) and (iii) no facts have come to such counsels attention that have caused such counsel to believe that the Registration Statement, at the Applicable Time, contained an untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein not misleading, or that the Prospectus, as of its date and as of the Closing Date, contained or contains an untrue statement of a material fact or omitted or omits to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading (except that in each case such counsel need not express any view as to the financial statements, schedules and other financial and accounting information included or incorporated by reference therein or excluded therefrom, including XBRL interactive data, or that part of the Registration Statement that constitutes the statement of eligibility on the Form T-1). Such counsel shall further state that, in addition, no facts have come to such counsels attention that have caused such counsel to believe that the Pricing Disclosure Package, as of the Applicable Time, contained an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading (except that such counsel need not express any view as to the financial statements, schedules and other financial and accounting information included or incorporated by reference therein or excluded therefrom, including XBRL interactive data, or that part of the Registration Statement that constitutes the statement of eligibility on the Form T-1).
In addition, such statement shall confirm that the Prospectus has been filed with the Commission within the time period required by Rule 424 of the 1933 Act Regulations and any required filing of a Permitted Free Writing Prospectus pursuant to Rule 433 of the 1933 Act Regulations has been filed with the Commission within the time period required by Rule 433(d) of the 1933 Act Regulations. Such statement shall further state that assuming the accuracy of the factual matters contained in the representations and warranties of the Company set forth in Section 2(d) of this Agreement, the Registration Statement became effective upon filing with the Commission pursuant to Rule 462 of the 1933 Act Regulations and, pursuant to Section 309 of the 1939 Act, the Mortgage has been qualified under the 1939 Act, and that based solely on such counsels review of the Commissions website, no stop order suspending the effectiveness of the Registration Statement has been issued and, to such
counsels knowledge, no proceedings for that purpose have been instituted or are pending or threatened by the Commission. In addition, such counsel may state that such counsel does not pass upon, or assume any responsibility for, the accuracy, completeness or fairness of the statements contained or incorporated by reference in the Registration Statement, the Pricing Disclosure Package or the Prospectus and has made no independent check or verification thereof (except to the limited extent referred to in Section 6(f)(i), (iv) and (v) above).
(g) You shall have received an opinion of Sidley Austin LLP, counsel for the Underwriters, dated the Closing Date, with respect to such matters as you may reasonably request, and the Company shall have furnished to such counsel such documents as they request for the purpose of enabling them to pass upon such matters. In giving their opinion, Sidley Austin LLP may rely on the opinion of Dianne M. Triplett, Esq. (or other appropriate counsel reasonably satisfactory to the Representatives) as to matters of Florida law.
(h) On or after the date hereof, there shall not have occurred any of the following: (i) a suspension or material limitation in trading in securities generally or of the securities of the Company or Duke Energy Corporation, on the New York Stock Exchange; or (ii) a general moratorium on commercial banking activities in New York declared by either Federal or New York State authorities or a material disruption in commercial banking services or securities settlement or clearance services in the United States; or (iii) the outbreak or escalation of hostilities involving the United States or the declaration by the United States of a national emergency or war, if the effect of any such event specified in this subsection (h) in your reasonable judgment makes it impracticable or inadvisable to proceed with the public offering or the delivery of the Bonds on the terms and in the manner contemplated in the Pricing Disclosure Package and the Prospectus. In such event there shall be no liability on the part of any party to any other party except as otherwise provided in Section 7 hereof and except for the expenses to be borne by the Company as provided in Section 5(j) hereof.
(i) You shall have received a certificate of the Chairman of the Board, the President, any Vice President, the Secretary or an Assistant Secretary and any financial or accounting officer of the Company, dated the Closing Date, in which such officers, to the best of their knowledge after reasonable investigation, shall state that the representations and warranties of the Company in this Agreement are true and correct as of the Closing Date, that the Company has complied with all agreements and satisfied all conditions on its part to be performed or satisfied at or prior to the Closing Date, that the conditions specified in Section 6(c) and Section 6(d) have been satisfied, and that no stop order suspending the effectiveness of the Registration Statement has been issued and no proceedings for that purpose have been instituted or are threatened by the Commission.
(j) At the time of the execution of this Agreement, you shall have received a letter dated such date, in form and substance satisfactory to you, from Deloitte &
Touche LLP, the Companys independent registered public accounting firm, containing statements and information of the type ordinarily included in accountants comfort letters to underwriters with respect to the financial statements and certain financial information contained in or incorporated by reference into the Registration Statement, the Pricing Disclosure Package and the Prospectus, including specific references to inquiries regarding any increase in long-term debt (excluding current maturities), decrease in net current assets (defined as current assets less current liabilities) or members equity, and decrease in operating revenues or net income for the period subsequent to the latest financial statements incorporated by reference in the Registration Statement when compared with the corresponding period from the preceding year, as of a specified date not more than three business days prior to the date of this Agreement.
(k) At the Closing Date, you shall have received from Deloitte & Touche LLP, a letter dated as of the Closing Date, to the effect that they reaffirm the statements made in the letter furnished pursuant to subsection (j) of this Section 6, except that the specified date referred to shall be not more than three business days prior to the Closing Date.
The Company will furnish you with such conformed copies of such opinions, certificates, letters and documents as you reasonably request.
7. Indemnification. (a) The Company agrees to indemnify and hold harmless each Underwriter, their respective officers and directors, and each person, if any, who controls any Underwriter within the meaning of Section 15 of the 1933 Act, as follows:
(i) against any and all loss, liability, claim, damage and expense whatsoever arising out of any untrue statement or alleged untrue statement of a material fact contained in the Registration Statement (or any amendment thereto) including the Rule 430B Information, or the omission or alleged omission therefrom of a material fact required to be stated therein or necessary to make the statements therein not misleading or arising out of any untrue statement or alleged untrue statement of a material fact contained in the Preliminary Prospectus, the Pricing Disclosure Package, the Prospectus (or any amendment or supplement thereto) or any Permitted Free Writing Prospectus, or the omission or alleged omission therefrom of a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading, unless such statement or omission or such alleged statement or omission was made in reliance upon and in conformity with written information furnished to the Company by the Representatives on behalf of the Underwriters expressly for use in the Registration Statement (or any amendment thereto), the Preliminary Prospectus, the Pricing Disclosure Package, the Prospectus (or any amendment or supplement thereto) or any Permitted Free Writing Prospectus;
(ii) against any and all loss, liability, claim, damage and expense whatsoever to the extent of the aggregate amount paid in settlement of any litigation, commenced or threatened, or of any claim whatsoever based upon any such untrue statement or omission or any such alleged untrue statement or omission, if such settlement is effected with the written consent of the Company; and
(iii) against any and all expense whatsoever reasonably incurred in investigating, preparing or defending against any litigation, commenced or threatened, or any claim whatsoever based upon any such untrue statement or omission, or any such alleged untrue statement or omission, to the extent that any such expense is not paid under (i) or (ii) of this Section.
In no case shall the Company be liable under this indemnity agreement with respect to any claim made against any Underwriter or any such controlling person unless the Company shall be notified in writing of the nature of the claim within a reasonable time after the assertion thereof, but failure so to notify the Company shall not relieve it from any liability which it may have otherwise than under subsections 7(a) and 7(b). The Company shall be entitled to participate at its own expense in the defense, or, if it so elects, within a reasonable time after receipt of such notice, to assume the defense of any suit brought to enforce any such claim, but if it so elects to assume the defense, such defense shall be conducted by counsel chosen by it and approved by the Underwriter or Underwriters or controlling person or persons, or defendant or defendants in any suit so brought, which approval shall not be unreasonably withheld. In any such suit, any Underwriter or any such controlling person shall have the right to employ its own counsel, but the fees and expenses of such counsel shall be at the expense of such Underwriter or such controlling person unless (i) the Company and such Underwriter shall have mutually agreed to the employment of such counsel, or (ii) the named parties to any such action (including any impleaded parties) include both such Underwriter or such controlling person and the Company and such Underwriter or such controlling person shall have been advised by such counsel that a conflict of interest between the Company and such Underwriter or such controlling person may arise and for this reason it is not desirable for the same counsel to represent both the indemnifying party and also the indemnified party (it being understood, however, that the Company shall not, in connection with any one such action or separate but substantially similar or related actions in the same jurisdiction arising out of the same general allegations or circumstances, be liable for the reasonable fees and expenses of more than one separate firm of attorneys for all such Underwriters and all such controlling persons, which firm shall be designated in writing by you). The Company agrees to notify you within a reasonable time of the assertion of any claim against it, any of its officers or directors or any person who controls the Company within the meaning of Section 15 of the 1933 Act, in connection with the sale of the Bonds.
(b) Each Underwriter severally and not jointly agrees that it will indemnify and hold harmless the Company, its directors and each of the officers of the Company who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act to the same extent as the indemnity contained in subsection (a) of this Section, but only with respect to statements or omissions made in the Registration Statement (or any amendment
thereto), the Preliminary Prospectus, the Pricing Disclosure Package, the Prospectus (or any amendment or supplement thereto) or any Permitted Free Writing Prospectus, in reliance upon and in conformity with written information furnished to the Company by the Representatives on behalf of the Underwriters expressly for use in the Registration Statement (or any amendment thereto), the Preliminary Prospectus, the Pricing Disclosure Package, the Prospectus (or any amendment or supplement thereto) or any Permitted Free Writing Prospectus. In case any action shall be brought against the Company or any person so indemnified based on the Registration Statement (or any amendment thereto), the Preliminary Prospectus, the Pricing Disclosure Package, the Prospectus (or any amendment or supplement thereto) or any Permitted Free Writing Prospectus and in respect of which indemnity may be sought against any Underwriter, such Underwriter shall have the rights and duties given to the Company, and the Company and each person so indemnified shall have the rights and duties given to the Underwriters, by the provisions of subsection (a) of this Section 7.
(c) No indemnifying party shall, without the prior written consent of the indemnified party, effect any settlement of any pending or threatened proceeding in respect of which any indemnified party is or could have been a party and indemnity could have been sought hereunder by such indemnified party, unless such settlement includes an unconditional release of such indemnified party from all liability on claims that are the subject matter of such proceeding, and does not include a statement as to or an admission of fault, culpability or a failure to act by or on behalf of any indemnified party.
(d) If the indemnification provided for in this Section 7 is unavailable to or insufficient to hold harmless an indemnified party in respect of any and all loss, liability, claim, damage and expense whatsoever (or actions in respect thereof) that would otherwise have been indemnified under the terms of such indemnity, then each indemnifying party shall contribute to the amount paid or payable by such indemnified party as a result of such loss, liability, claim, damage or expense (or actions in respect thereof) in such proportion as is appropriate to reflect the relative benefits received by the Company on the one hand and the Underwriters on the other from the offering of the Bonds. If, however, the allocation provided by the immediately preceding sentence is not permitted by applicable law or if the indemnified party failed to give the notice required above, then each indemnifying party shall contribute to such amount paid or payable by such indemnified party in such proportion as is appropriate to reflect not only such relative benefits but also the relative fault of the Company on the one hand and the Underwriters on the other in connection with the statements or omissions which resulted in such loss, liability, claim, damage or expense (or actions in respect thereof), as well as any other relevant equitable considerations. The relative benefits received by the Company on the one hand and the Underwriters on the other shall be deemed to be in the same proportion as the total net proceeds from the offering (before deducting expenses) received by the Company bear to the total compensation received by the Underwriters in respect of the underwriting discount as set forth in the table on the cover page of the Prospectus. The relative fault shall be
determined by reference to, among other things, whether the untrue or alleged untrue statement of a material fact or the omission or alleged omission to state a material fact relates to information supplied by the Company on the one hand or the Underwriters on the other and the parties relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission. The Company and the Underwriters agree that it would not be just and equitable if contributions pursuant to this Section were determined by pro rata allocation (even if the Underwriters were treated as one entity for such purpose) or by any other method of allocation which does not take account of the equitable considerations referred to above in this Section. The amount paid or payable by an indemnified party as a result of the losses, liabilities, claims, damages or expenses (or actions in respect thereof) referred to above in this Section shall be deemed to include any legal or other expenses reasonably incurred by such indemnified party in connection with investigating or defending any such action or claim. Notwithstanding the provisions of this Section, no Underwriter shall be required to contribute any amount in excess of the amount by which the total price at which the Bonds underwritten by it and distributed to the public were offered to the public exceeds the amount of any damages which such Underwriter has otherwise been required to pay by reason of such untrue or alleged untrue statement or omission or alleged omission. No person guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the 1933 Act) shall be entitled to contribution from any person who was not guilty of such fraudulent misrepresentation. The Underwriters obligations to contribute are several in proportion to their respective underwriting obligations and not joint.
8. Default by One or More of the Underwriters. (a) If any Underwriter shall default in its obligation to purchase the principal amount of the 2028 Bonds or the 2048 Bonds, as applicable, which it has agreed to purchase hereunder on the Closing Date, you may in your discretion arrange for you or another party or other parties to purchase such 2028 Bonds and/or 2048 Bonds, as applicable, on the terms contained herein. If within thirty-six hours after such default by any Underwriter you do not arrange for the purchase of such Bonds, then the Company shall be entitled to a further period of thirty-six hours within which to procure another party or other parties satisfactory to you to purchase such Bonds on such terms. In the event that, within the respective prescribed periods, you notify the Company that you have so arranged for the purchase of such Bonds, or the Company notifies you that it has so arranged for the purchase of such Bonds, you or the Company shall have the right to postpone such Closing Date for a period of not more than seven days, in order to effect whatever changes may thereby be made necessary in the Registration Statement, the Pricing Disclosure Package or the Prospectus, or in any other documents or arrangements, and the Company agrees to file promptly any amendments to the Registration Statement, the Pricing Disclosure Package or the Prospectus which may be required. The term Underwriter as used in this Agreement shall include any person substituted under this Section with like effect as if such person had originally been a party to this Agreement with respect to such Bonds.
(b) If, after giving effect to any arrangements for the purchase of the Bonds of a defaulting Underwriter or Underwriters by you or the Company as provided in subsection (a) above, the aggregate amount of such Bonds which remains
unpurchased does not exceed one-tenth of the aggregate amount of all the Bonds to be purchased at such Closing Date, then the Company shall have the right to require each non-defaulting Underwriter to purchase the amounts of Bonds which such Underwriter agreed to purchase hereunder at such Closing Date and, in addition, to require each non-defaulting Underwriter to purchase its pro rata share (based on the amounts of Bonds which such Underwriter agreed to purchase hereunder) of the Bonds of such defaulting Underwriter or Underwriters for which such arrangements have not been made; but nothing herein shall relieve a defaulting Underwriter from liability for its default.
(c) If, after giving effect to any arrangements for the purchase of the Bonds of a defaulting Underwriter or Underwriters by you or the Company as provided in subsection (a) above, the aggregate amount of such Bonds which remains unpurchased exceeds one-tenth of the aggregate amount of all the Bonds to be purchased at such Closing Date, or if the Company shall not exercise the right described in subsection (b) above to require non-defaulting Underwriters to purchase the Bonds of a defaulting Underwriter or Underwriters, then this Agreement shall thereupon terminate, without liability on the part of any non-defaulting Underwriter or the Company, except for the expenses to be borne by the Company as provided in Section 5(j) hereof and the indemnity and contribution agreement in Section 7 hereof; but nothing herein shall relieve a defaulting Underwriter from liability for its default.
9. Representations and Indemnities to Survive Delivery. The respective indemnities, agreements, representations, warranties and other statements of the Company or its officers and of the several Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation, or statement as to the results thereof, made by or on behalf of any Underwriter or the Company, or any of their respective officers or directors or controlling persons referred to in Section 7, and will survive delivery of and payment for the Bonds.
10. Reliance on Your Acts. In all dealings hereunder, the Representatives shall act on behalf of each of the Underwriters, and the Company shall be entitled to act and rely upon any statement, request, notice or agreement on behalf of any Underwriter made or given by the Representatives.
11. No Fiduciary Relationship . The Company acknowledges and agrees that (a) the purchase and sale of the Bonds pursuant to this Agreement is an arms-length commercial transaction between the Company on the one hand, and the Underwriters on the other hand, (b) in connection with the offering contemplated hereby and the process leading to such transaction, each Underwriter is and has been acting solely as a principal and is not the agent or fiduciary of the Company or its shareholders, creditors, employees, or any other party, (c) no Underwriter has assumed or will assume an advisory or fiduciary responsibility in favor of the Company with respect to the offering contemplated hereby or the process leading thereto (irrespective of whether such Underwriter has advised or is currently advising the Company on other matters) and no Underwriter has any obligation to the Company with respect to the offering contemplated hereby except the obligations expressly set forth in this Agreement, (d) the Underwriters and
their respective affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Company, and (e) the Underwriters have not provided any legal, accounting, regulatory or tax advice with respect to the transaction contemplated hereby and the Company has consulted its own legal, accounting, regulatory and tax advisors to the extent it deemed appropriate.
12. Notices. All communications hereunder will be in writing and, if sent to the Underwriters, will be mailed or telecopied and confirmed to Barclays Capital Inc., 745 Seventh Avenue, New York, New York 10019, Attention: Syndicate Registration (fax no.: (646) 834-8133), BNP Paribas Securities Corp., 787 Seventh Avenue, New York, New York 10019, Attention: Syndicate Desk (e-mail: new.york.syndicate@bnpparibas.com), PNC Capital Markets LLC, 300 Fifth Avenue, Floor 10, Pittsburgh, Pennsylvania 15222, Attention: Debt Capital Markets, SMBC Nikko Securities America, Inc., 277 Park Avenue, 5th Floor, New York, New York 10172 and SunTrust Robinson Humphrey, Inc., 3333 Peachtree Road, NE, 11th Floor, Atlanta, Georgia 30326, Attention: Investment Grade Debt Capital Markets (fax no.: (404) 926-5027), or if sent to the Company, will be mailed or telecopied and confirmed to it at 550 North Tryon Street, Charlotte, North Carolina 28202, Attention: John L. Sullivan, III, Assistant Treasurer, Telephone: (980) 373-3564, (fax no.: (980) 373-4723). Any such communications shall take effect upon receipt thereof.
13. Business Day. As used herein, the term business day shall mean any day when the Commissions office in Washington, D.C. is open for business.
14. Successors. This Agreement shall inure to the benefit of and be binding upon the Underwriters and the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the parties hereto and their respective successors and the controlling persons, officers and directors referred to in Section 7 and their respective successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained; this Agreement and all conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of the parties hereto and their respective successors and said controlling persons, officers and directors and their respective successors, heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Bonds from any Underwriter shall be deemed to be a successor or assign by reason merely of such purchase.
15. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.
16. Applicable Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York.
If the foregoing is in accordance with your understanding, kindly sign and return to us two counterparts hereof, and upon confirmation and acceptance by the Underwriters, this letter and such confirmation and acceptance will become a binding agreement between the Company, on the one hand, and each of the Underwriters, on the other hand, in accordance with its terms.
|
Very truly yours, |
||
|
|
||
|
DUKE ENERGY FLORIDA, LLC |
||
|
|
||
|
|
||
|
By: |
/s/ John L. Sullivan, III |
|
|
|
Name: |
John L. Sullivan, III |
|
|
Title: |
Assistant Treasurer |
[ Remainder of page left blank intentionally ]
[Signature Page to Underwriting Agreement]
The foregoing Underwriting Agreement is hereby
confirmed and accepted as of the date first above written.
BARCLAYS CAPITAL INC.
BNP PARIBAS SECURITIES CORP.
PNC CAPITAL MARKETS LLC
SMBC NIKKO SECURITIES AMERICA, INC.
SUNTRUST ROBINSON HUMPHREY, INC.
On behalf of each of the Underwriters
BARCLAYS CAPITAL INC. |
BNP PARIBAS SECURITIES CORP. |
|||||
|
|
|||||
|
|
|||||
By: |
/s/ Robert Stowe |
|
By: |
/s/ Pasquale A. Perraglia IV |
||
|
Name: |
Robert Stowe |
|
Name: |
Pasquale A. Perraglia IV |
|
|
Title: |
Managing Director |
|
Title: |
Director |
|
|
|
|||||
|
|
|||||
PNC CAPITAL MARKETS LLC |
SMBC NIKKO SECURITIES AMERICA, INC. |
|||||
|
|
|||||
By: |
/s/ Valerie Shadeck |
|
By: |
/s/ Yoshihiro Satake |
||
|
Name: |
Valerie Shadeck |
|
Name: |
Yoshihiro Satake |
|
|
Title: |
Director |
|
Title: |
Managing Director |
|
|
|
|||||
|
|
|||||
SUNTRUST ROBINSON HUMPHREY, INC. |
|
|||||
|
|
|||||
By: |
/s/ Robert Nordlinger |
|
|
|||
|
Name: |
Robert Nordlinger |
|
|||
|
Title: |
Director |
|
|||
[Signature Page to Underwriting Agreement]
SCHEDULE A
Underwriter |
|
Principal Amount
|
|
Principal Amount
|
|
||
Barclays Capital Inc. |
|
$ |
90,000,000 |
|
$ |
60,000,000 |
|
BNP Paribas Securities Corp. |
|
90,000,000 |
|
60,000,000 |
|
||
PNC Capital Markets LLC |
|
90,000,000 |
|
60,000,000 |
|
||
SMBC Nikko Securities America, Inc. |
|
90,000,000 |
|
60,000,000 |
|
||
SunTrust Robinson Humphrey, Inc. |
|
90,000,000 |
|
60,000,000 |
|
||
Loop Capital Markets LLC |
|
66,000,000 |
|
44,000,000 |
|
||
BB&T Capital Markets, a division of BB&T Securities, LLC |
|
19,500,000 |
|
13,000,000 |
|
||
BNY Mellon Capital Markets, LLC |
|
19,500,000 |
|
13,000,000 |
|
||
Santander Investment Securities Inc. |
|
19,500,000 |
|
13,000,000 |
|
||
The Williams Capital Group, L.P. |
|
19,500,000 |
|
13,000,000 |
|
||
CastleOak Securities, L.P. |
|
3,000,000 |
|
2,000,000 |
|
||
Samuel A. Ramirez & Company, Inc. |
|
3,000,000 |
|
2,000,000 |
|
||
Total |
|
$ |
600,000,000 |
|
$ |
400,000,000 |
|
SCHEDULE B
PRICING DISCLOSURE PACKAGE
1) Base Prospectus
2) Preliminary Prospectus Supplement dated June 18, 2018
3) Permitted Free Writing Prospectus
a) Pricing Term Sheet attached as Schedule C hereto
SCHEDULE C
Filed pursuant to Rule 433
June 18, 2018
Relating to
Preliminary Prospectus Supplement dated June 18, 2018
to
Prospectus dated January 26, 2017
Registration Statement No. 333-213765-04
Duke Energy Florida, LLC
First Mortgage Bonds,
$600,000,000 3.80% Series due 2028
$400,000,000 4.20% Series due 2048
Pricing Term Sheet
Issuer: |
|
Duke Energy Florida, LLC |
|
|
|
|
|
|
|
Trade Date: |
|
June 18, 2018 |
|
|
|
|
|
|
|
Settlement Date: |
|
June 21, 2018; T + 3 |
|
|
|
|
|
|
|
Interest Payment Dates: |
|
January 15 and July 15, beginning on January 15, 2019 |
||
|
|
|
|
|
Security Description: |
|
First Mortgage Bonds, 3.80% Series due 2028 (the 2028 Mortgage Bonds ) |
|
First Mortgage Bonds, 4.20% Series due 2048 (the 2048 Mortgage Bonds ) |
|
|
|
|
|
Principal Amount: |
|
$600,000,000 |
|
$400,000,000 |
|
|
|
|
|
Maturity Date: |
|
July 15, 2028 |
|
July 15, 2048 |
|
|
|
|
|
Price to Public: |
|
99.815% per 2028 Mortgage Bond, plus accrued interest, if any, from June 21, 2018 |
|
99.861% per 2048 Mortgage Bond, plus accrued interest, if any, from June 21, 2018 |
|
|
|
|
|
Coupon: |
|
3.80% |
|
4.20% |
|
|
|
|
|
Benchmark Treasury: |
|
2.875% due May 15, 2028 |
|
3.000% due February 15, 2048 |
|
|
|
|
|
Benchmark Treasury Yield: |
|
2.922% |
|
3.058% |
|
|
|
|
|
Spread to Benchmark Treasury: |
|
+ 90 bps |
|
+ 115 bps |
|
|
|
|
|
Yield to Maturity: |
|
3.822% |
|
4.208% |
Redemption Provisions/
|
|
At any time before April 15, 2028 (which is the date that is three months prior to maturity of the 2028 Mortgage Bonds (the 2028 Par Call Date )), redeemable at the Treasury Rate + 15 bps. At any time on or after the 2028 Par Call Date, redeemable at par. |
|
At any time before January 15, 2048 (which is the date that is six months prior to maturity of the 2048 Mortgage Bonds (the 2048 Par Call Date )), redeemable at the Treasury Rate + 20 bps. At any time on or after the 2048 Par Call Date, redeemable at par. |
|
|
|
|
|
CUSIP / ISIN: |
|
26444H AE1 / US26444HAE18 |
|
26444H AF8 / US26444HAF82 |
|
|
|
|
|
Joint Book-Running Managers: |
|
Barclays Capital Inc.
|
||
|
|
|
||
Senior Co-Manager: |
|
Loop Capital Markets LLC |
|
|
|
|
|
|
|
Co-Managers: |
|
BB&T Capital Markets, a division of BB&T Securities, LLC
|
||
|
|
|
||
Junior Co-Managers: |
|
CastleOak Securities, L.P.
|
The issuer has filed a registration statement (including a prospectus) with the SEC for the offering to which this communication relates. Before you invest, you should read the prospectus in that registration statement and other documents the issuer has filed with the SEC for more complete information about the issuer and this offering. You may get these documents for free by visiting EDGAR on the SEC Web site at www.sec.gov. Alternatively, the issuer, any underwriter or any dealer participating in the offering will arrange to send you the prospectus if you request it by calling Barclays Capital Inc. toll free at 1-888-603-5847, BNP Paribas Securities Corp. toll-free at 1-800-854-5674, PNC Capital Markets LLC toll-free at 1-855-881-0697, SMBC Nikko Securities America, Inc. toll-free at 1-888-868-6856 or SunTrust Robinson Humphrey, Inc. toll free at 1-800-685-4786.