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24 <br />slWivAy seenring the samo7 and each of theln, are re- <br />quired to bo clone or performed, ;111,1 will not make or <br />stiffer to bo m;,de any default therein, or in any coveu;_uut, <br />eondition or stipulation therein eonta llpd. If till, ('om- <br />l)nny shall fail to keop this covenant, till, 'Trustees may, <br />and upon Be inpust of the holder or linlllers of one m <br />more of the notes secured herl,by, and upon being pro - <br />vided with adequate funds for such purpose, and indem- <br />nified to their• satisfaction, shall, without In jndice to <br />the rights arising- by reason of such dofault, make such <br />pad r�_ents, and cause to be performed, so far as they laR-- <br />fully Cal), any such: covenants as to which the Company <br />,liall be in default, and _ill amounts dins paid, with iutcr- <br />est thereon at the rate of six 1wi. contnm per annum, <br />sh:_�I1 be a charge Upon the Ill outgmgnil property <br />Mount to the notes hereby seeun d, at"! Ina - also he <br />fortllwitli stied for and rceovered of the Company in an <br />appropriate action for that purpose. <br />SEC 1.0. They Anyany (mmmnts al"I agrees that there <br />shali ucver be issued or o!itstalidiu,, ally of the nnderl�- <br />in; bonds, except the $627,000, par value, thereof noW out - <br />standing. <br />Sm. 11. The Company covenants that it gill not de- <br />clare or pay any dividends on z1, i - or its ea pi to l stock <br />nnless, after providing for the pn. neul of such proposed <br />dividend, the surplus earnings reuminiil o1, hall(] o\-er <br />and ahovo all interest charges, ol_,cratin mplow.s (iii - <br />chidin g in sueli operating expenses tav s, ius"r;l we and <br />a. reasonable expenditure to provido for rep ;sirs, 11mi_u- <br />terat1co and reumals), (Upreciation, amortization of bond <br />and note discount, if such amulizatilm shall have beau <br />required by any -'golieral or order of the 11)ailro pi <br />Commission of the State of California, and all other <br />HJ <br />charges AMelt by lam- or by order of the Railroad Coinruis- <br />sio, of the State of California are required to be deducted <br />i1, onler to ascertain the net profits of the corporation <br />applicable to the payncont of dh idends, sha1.1, ns ascer- <br />tained and (Wifiod to by a ebartered accountant ap- <br />proved b*- the Trust C -, outpan. be at least double the com- <br />bined annual lute +rest charge mi (1) the notes then out - <br />standing snider this Indenture, and (2) all other indebt- <br />edness secured 1, *- a lien or liens prior to the lien of this <br />Indenture upon till or any part of the mortgaged prop- <br />erty. <br />ARTICLE III. <br />_All or any of tile notes issued hereunder and secured <br />Im -eby may he redeemed by the Company on April 1 -, <br />1915, or on October 1, Wq at 101 per cenhun of <br />the principal, and accrued interest, or on any inter- <br />est dnY thereafter at par, and accrued interest. If <br />the Conipany shall elect to re(lcenu any of the notes <br />hereunder it shall notify the 'Trust Company at least <br />thirty- -five days prior to the interest data o1, -which it is <br />proposed to redeem said notes, of tile, ag-g-re "ate principal <br />amount of dotes Mich the ('onnpnn.- desires to redoeni. <br />If it is desired to rodeenl less than till, whole issue, the <br />Trust Company shall theroupon draw hr lot <I number of <br />notes Njuivalent to the amount specified. and shall certify <br />to the ( "omp;nt'- the runnbo rs of the note; so drawn aml <br />tl!e nauwes and addresses of any re istered hoblers there- <br />of. 11' all or ally of the notes to he redeeIuod helow,• to <br />re'­istered holders, the Company shall give thiit.- days' <br />notice in writing, by mail, to such registered holders that <br />said notes are Balled for payment o1, the nest interest day <br />thcrcan,r If tdl or any- of the notes to he re- <br />