24
<br />wide i inns,- be made the basis for the certification and de-
<br />livery of notes under the provisions of this Section (5) ;
<br />Provi�lod, that such. expenditures �diall not have been pi-e-
<br />viously made the basis for the certification of notes, or
<br />the payntent of cash ruder this Section, or for the pay-
<br />ment of insurance immeys or the proceeds of released
<br />property-. Every at,pl ation for the payllient of nioneY
<br />under this i)ara!_;'raph shall b, deemed sufficiently- executed
<br />if signed in the name of the Company- by its President or
<br />VD, President, and shall be accomp.uiied by a certificate
<br />executed and veritied in the same mmnner, and eontahiing
<br />the same natters and thins (exclusive of the matters and
<br />things relating to the eai iii L_; of the C'ompan� ), so far
<br />as applieable, as is required in the case of a certifiento
<br />made the basis for the certification of notes under this
<br />Section.
<br />The resolution,, certificates and opinions aforesaid,
<br />respectively-, r
<br />shall be full wararnt and authority- to
<br />the Trust Contpany for the certification and deliv-
<br />er- of notes and the po nient of cash to the person speci-
<br />fied In said resolutions in accordtnice thereWith, and the
<br />Trust C npni, shall be full- protected in aeting thereon,
<br />vv-ithout auk' obligation to milk(, nuy investigation or to see
<br />to the list or Ipi ]icatiou of said not(,-;, or their proceeds
<br />(subject, hmiw(- ver, to the light of iliae40ation Nnderred
<br />upon the '_l' rust Couipany by suhdivisioit 61) of Article X
<br />of this 1 udelitu re) .
<br />. \It liroperty at nily tiuu. lwmh� tho hnuis for the eertifi-
<br />cation and deliN,,Ty of dotes under this hndenture, and Al
<br />pr( �lx.rt, at and tune ac�lui�c I b�- the l'oti 1 the
<br />lie or disposition of any notes, or the proceed, thereof,
<br />is; rte(l hereunder shall at oucc hecouie snb,jeet to the lien
<br />of this ludentum About the execution of ally convey-
<br />25
<br />ante for such purpose, but shall be conveyed to the Trus-
<br />tees for such purl_)ose if so requested by the Trustees.
<br />SEC. G. The Company- covenants that it will not issue,
<br />exchange, sell or dispose of any notes hermnder, in any
<br />manner other than in accordance Ivith the provisions of
<br />this indenture, and the cover alts and agreements in
<br />that behalf herein contained.
<br />SM 7. In case any note issued hereunder, «-ith the
<br />coupons thereto pertaining, shall become mutilated, lost
<br />or destroyed, the Company- mad-, in its discretion, issue,
<br />and the 'Trust Company- shall thereupon certify-, a no-w
<br />note of like tenor and date, including coupons, and bear -
<br />ing the same serial number, in exchange and substitution
<br />W and upon eanont%tion of, the mutilated We and its
<br />coupons, or, in lien of and substitution for the note and
<br />its coupons so lost or destroyed, upon receipt of satis-
<br />factory evidence of the loss or destruction of such note
<br />and it coupons, and upon receipt also of satisfactory-
<br />indemnity-. The Trust Company- shall incur no liability
<br />for anyMing done by it under this Section.
<br />Sur. S. Nothin,' in this Indenture, expressed or iiii-
<br />plied, is intended or shall be construed to confer upon
<br />any person, firm or corporation, other than the parties
<br />liereto and the holders of the notes issued under
<br />111141 secured bV this Indenture, any- ri:;ht, remedy
<br />or claim, leg"al or equitable, inider or by reason of this
<br />Indenture, or any covollant, condition or stipulation here-
<br />of, this Indenture, and all its eovemints, conditions and
<br />Stipulations, being, intended to ln� and Wing, for the sole
<br />and exclusive benefit of the parties Hereto aul of the
<br />holders from time to time of the notes hen& seemed.
<br />
|