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EXHIBIT 4(b)
FALL RIVER GAS COMPANY
TO
THE FIRST NATIONAL BANK OF BOSTON,
TRUSTEE
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ELEVENTH SUPPLEMENTAL INDENTURE
DATED AS OF DECEMBER 15, 1989
SUPPLEMENTING THE INDENTURE OF FIRST MORTGAGE
DATED AS OF DECEMBER 1, 1952,
THE FIRST SUPPLEMENTAL INDENTURE
DATED AS OF JANUARY 1, 1955,
THE SECOND SUPPLEMENTAL INDENTURE
DATED AS OF SEPTEMBER 1, 1957,
THE THIRD SUPPLEMENTAL INDENTURE
DATED AS OF DECEMBER 1, 1957,
THE FOURTH SUPPLEMENTAL INDENTURE
DATED AS OF FEBRUARY 1, 1958,
THE FIFTH SUPPLEMENTAL INDENTURE
DATED AS OF MAY 1, 1959,
THE SIXTH SUPPLEMENTAL INDENTURE
DATED AS OF MAY 1, 1961,
THE SEVENTH SUPPLEMENTAL INDENTURE
DATED AS OF NOVEMBER 1, 1961,
THE EIGHTH SUPPLEMENTAL INDENTURE
DATED AS OF NOVEMBER 1, 1966
THE NINTH SUPPLEMENTAL INDENTURE
DATED AS OF JUNE 30, 1971, AND
THE TENTH SUPPLEMENTAL INDENTURE
DATED AS OF JUNE 1, 1981.
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THIS IS A MORTGAGE OF PERSONAL PROPERTY AS WELL AS A
MORTGAGE UPON REAL ESTATE.
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ELEVENTH SUPPLEMENTAL INDENTURE, dated as of December 15, 1989, between
Fall River Gas Company, formerly named Fall River Gas Works Company, a
corporation organized and existing under the laws of the Commonwealth of
Massachusetts and having its principal place of business in the City of Fall
River in said Commonwealth (hereinafter called the "Company") and The First
National Bank of Boston, a national banking association organized and existing
under the laws of the United States, successor by merger to Old Colony Trust
Company, having its principal place of business in the City of Boston in the
Commonwealth of Massachusetts (hereinafter called the "Trustee").
Whereas, the Company has heretofore executed and delivered to Old Colony
Trust Company, trustee (The First National Bank of Boston, successor trustee),
an Indenture of First Mortgage dated as of December 1, 1952 (hereinafter called
the "Original Indenture"), a First Supplemental Indenture dated as of January 1,
1955 (hereinafter called the "First Supplemental Indenture"), a Second
Supplemental Indenture dated as of September 1, 1957 (hereinafter called the
"Second Supplemental Indenture"), a Third Supplemental Indenture dated as of
December 1, 1957 (hereinafter called the "Third Supplemental Indenture"), a
Fourth Supplemental Indenture dated as of February 1, 1958 (hereinafter called
the "Fourth Supplemental Indenture"), a Fifth Supplemental Indenture dated as of
May 1, 1959 (hereinafter called the "Fifth Supplemental Indenture"), a Sixth
Supplemental Indenture dated as of May 1, 1961 (hereinafter called the "Sixth
Supplemental Indenture"), a Seventh Supplemental Indenture dated as of November
1, 1961 (hereinafter called the "Seventh Supplemental Indenture), an Eighth
Supplemental Indenture dated as of November 1, 1966 (hereinafter called the
"Eighth Supplemental Indenture") a Ninth Supplemental Indenture dated as of June
30, 1971 (hereinafter called the "Ninth Supplemental Indenture"), and a Tenth
Supplemental Indenture dated as of June 1, 1981 (hereinafter called the "Tenth
Supplemental Indenture") to secure, as provided therein, its bonds (therein and
herein called the "Bonds"), to be known generally as its "First Mortgage Bonds",
and to be issued in one or more series as provided in the Original Indenture;
and
Whereas, Two Million Four Hundred Thousand Dollars ($2,400,000) aggregate
principal amount of First Mortgage Bonds, 4-1/4% Series due 1972, of the Company
have been heretofore issued, all of which Bonds were retired contemporaneously
with the issue and sale of First Mortgage Bonds, 3-3/4 Series due 1980, referred
to below; and
Whereas, Two Million Four Hundred Thousand Dollars ($2,400,000) aggregate
principal amount of First Mortgage Bonds, 3-3/4% Series due 1980 (in the First
Supplemental Indenture and herein called the "Bonds of the 1980 Series"), of the
Company have been heretofore issued, all of which Bonds have been retired; and
Whereas, One Million Dollars ($1,000,000) aggregate principal amount of
First Mortgage Bonds, 5-1/4% Series due 1980 (in the Second Supplemental
Indenture and herein called the "Bonds of the Second 1980 Series") of the
Company have been heretofore issued, all of which Bonds have been retired; and
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Whereas, One Million Two Hundred Thousand Dollars ($1,200,000) aggregate
principal amount of First Mortgage Bonds, 5-1/4% Series due 1986 (in the Sixth
Supplemental Indenture and herein called the "Bonds of the 1986 Series") of the
Company have been heretofore issued, all of which bonds have been retired; and
Whereas, Three Million Two Hundred Thousand Dollars ($3,200,000) aggregate
principal amount of First Mortgage Bonds, 8-3/4% Series due 1996 (in the Ninth
Supplemental Indenture and herein called the "Bonds of the 1996 Series") have
heretofore been issued, of which One Million Six Hundred Thousand Dollars
($1,600,000) of such bonds have heretofore been retired; and
Whereas, Three Million Four Hundred Thousand Dollars ($3,400,000)
aggregate principal amount of First Mortgage Bonds, 15% Series due 1993 (in the
Tenth Supplemental Indenture and herein called the "Bonds of the 1993 Series")
have heretofore been issued, all of which bonds have heretofore been retired;
and
WHEREAS, Section 18.01 of the Original Indenture provides, among other
things, that the Company, when authorized by a resolution of the Board of
Directors, and the Trustee, from time to time and at any time, subject to the
restrictions in the Original Indenture, as supplemented and modified, contained,
may, and when so required by the Original Indenture, shall, enter into
indentures supplemental to the Original Indenture and which thereafter shall
form a part thereof, for the purposes, among others, of (a) mortgaging,
pledging, conveying, transferring or assigning to the Trustee, and subjecting to
the lien of the Original Indenture additional properties acquired by the
Company, (b) adding to the Original Indenture other covenants and agreements to
be thereafter observed by the Company, (c) providing for the creation of any
Series of Bonds, designating the series to be created and specifying the form
and provisions of the Bonds of such series, and (d) changing, altering,
modifying, varying, or eliminating any of the terms, provisions, restrictions or
conditions of the Original Indenture, subject as set forth therein; and
WHEREAS, Section 18.02 of the Original Indenture provides, among other
things, that the Company, when authorized by a resolution of the Board of
Directors, and the Trustee, may, from time to time and at any time, and subject
as set forth in said Section 18.02, enter into an indenture or indentures
supplemental to the Original Indenture for the purposes of adding any provisions
to or changing in any manner or eliminating any of the provisions of the
Original Indenture or of any supplemental indenture and modifying certain rights
and obligations of the Company and certain rights of the holders of any of the
Bonds and coupons;
WHEREAS, the Board of Directors and the Stockholders of the Company by
resolutions duly adopted authorized to the extent required by law the execution
of this Eleventh Supplemental Indenture for the purposes of (a) subjecting to
the lien of the Original Indenture the additional properties acquired by the
Company since the execution of the Tenth Supplemental Indenture, and (b) adding
to the Original Indenture other covenants and agreements to be thereafter
observed by the Company (the Original Indenture, as supplemented and modified by
the First through Tenth
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Supplemental Indentures, inclusive, and as supplemented by this Eleventh
Supplemental Indenture being herein sometimes called the "Indenture"); and
WHEREAS, the execution and delivery of this Eleventh Supplemental
Indenture has been in all respects duly authorized:
NOW, THEREFORE, THIS INDENTURE WITNESSETH, that in order to secure the
payment of the principal of and premium, if any, and interest on all Bonds at
any time issued and outstanding under the Indenture, according to their tenor,
purport and effect, to confirm the lien of the Indenture upon property
purchased, constructed or otherwise acquired by the Company since the date of
execution of the Tenth Supplemental Indenture and to secure the performance and
observance of all the covenants and conditions herein and in the Bonds and in
the Indenture contained, and of the sum of Ten Dollars ($10) duly paid to the
Company by the Trustee, at or before the ensealing and delivery hereof, and for
other valuable considerations, the receipt whereof is hereby acknowledged, the
Company has executed and delivered this Eleventh Supplemental Indenture, and by
these presents, does grant, bargain, sell, alien, remise, release, convey,
assign, transfer, mortgage, pledge, set over and confirm unto THE FIRST NATIONAL
BANK OF BOSTON, Trustee, its successors in trust and its and their successors
and assigns, all property real, personal or mixed described in the Original
Indenture and the First through the Tenth Supplemental Indentures and thereby
conveyed or mortgaged or intended so to be, including all such property acquired
since the execution and delivery of the Tenth Supplemental Indenture which by
the terms of the Indenture is subjected or is intended to be subjected to the
lien thereof, including, without limiting the generality of the foregoing, the
following described property:
CLAUSE I.
All of the lands, gas plants and systems, gas works, buildings,
structures, garages, sheds, repair shops, storage houses, erections and
constructions now or hereafter placed on or under any of the real estate
described in Article Twenty of the Original Indenture or in the granting clauses
of the First through the Tenth Supplemental Indentures or on or under any part
hereof, or on or under any real estate thereafter acquired by the Company, with
their fixtures and appurtenances, including (but without in any way limiting the
generality of the foregoing) the properties and rights more particularly
described in said Article Twenty of the Original Indenture, in Schedule A of the
Second Supplemental Indenture or in the granting clauses of the First through
the Tenth Supplemental Indentures.
CLAUSE II.
Also all other real estate and all interests therein now owned or
hereafter acquired by the Company including (but without in any way limiting the
generality of the foregoing) the real estate and interests therein more
particularly described in Schedule A annexed hereto.
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CLAUSE III.
All of the machinery, engines, boilers, furnaces, water wells, motors,
compressors, conduits, mains, gates, tubes, drains, switchboards, services,
pumps, pumping stations, gas holders, reservoirs, expansion tanks, gas mains and
pipes, tunnels, subways, bridges, service pipes, pipe lines, fittings, reducers,
regulators, drips, valves, connections, implements, meters, tools, gas,
mechanical and all other appliances, instruments, apparatus, appurtenances and
facilities now owned by the Company or hereafter acquired by it, and
constituting or to constitute parts of its gas storage plant or gas distributing
system or the equipment thereof or used or provided for use in or appurtenant to
the manufacture, transportation, storage, distribution and sale of manufactured
gas, natural gas, propane gas, butane gas or a mixture of any thereof (other
than excepted property as hereinafter defined), and there is included herein
(but not to the exclusion of any other property now owned or hereafter acquired
by the Company), the gas manufacturing plants, gas storage plants and gas
distributing systems owned by the Company, including (but without in any way
limiting the generality of the foregoing) the properties and rights more
particularly described in said Article Twenty of the Original Indenture, in
Schedule A of the Second Supplemental Indenture or in the granting clauses of
the First through the Tenth Supplemental Indentures.
CLAUSE IV.
All easements, leases, rights, powers, privileges, indeterminate permits,
water and riparian rights, and all interests therein, dams and dam sites,
franchises, licenses, rights of way, immunities and concessions of the Company,
whether granted or acquired by virtue of its Charter, or by virtue of the acts,
resolutions, concessions, ordinances, contracts, or other grants of any
municipality, county, or other political subdivision or of any private person or
body corporate or otherwise, howsoever conferred, now owned or hereafter to be
acquired by the Company, to lay, erect, construct, maintain and repair any
plants or other property including conduits, mains, pipes, pipe lines, pumping,
compressor, regulator and measuring stations, meters, and other equipment to
vend gas, within the limits of any incorporated village or city, or elsewhere
(other than excepted property as hereinafter defined), and there is included
herein (but not to the exclusion of any other property now owned or hereafter
acquired by the Company) any indeterminate permits, franchises, permits, grants,
rights of way and easements owned by the Company for the transmission and
distribution of manufactured gas, natural gas, propane gas, butane gas or a
mixture of any thereof, and the laying, erection, construction, maintenance and
repair of conduits, mains, pipes, pipe lines, pumping, compressor, regulator and
measuring stations, meters and other equipment for that purpose, and wheresoever
situated (but not herein specifically excepted), including (but without in any
way limiting the generality of the foregoing) the properties and rights more
particularly described in said Article Twenty of the Original Indenture, in
Schedule A of the Second Supplemental Indenture or in the granting clauses of
the First through the Tenth Supplemental Indentures.
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CLAUSE V.
Also all property, real, personal and mixed (except as herein expressly
excepted), of every nature and description and wheresoever situated, whether or
not herein specifically described, and all interests therein, now owned or
hereafter acquired by or belonging to the Company or to which it now is, or may
at any time hereafter be, in any manner entitled at law or in equity.
CLAUSE VI.
Also all renewals, replacements, accessions, additions, improvements,
betterments, developments, extensions, and enlargements, hereafter made,
constructed or acquired by the Company to, of or upon any or all such
properties, equipment, systems and/or plants and all property used thereby or
useful therefor or incidental thereto or connected therewith now or at any time
hereafter subject to the lien of the Indenture, or required so to be by any
provision herein contained, and also all franchises, permits and similar rights
acquired in connection therewith.
CLAUSE VII.
Also any and all property of every kind or description (including any
property which may be expressly excepted by Clause IX of these granting clauses)
which may from time to time after the date of this Eleventh Supplemental
Indenture by delivery or by writing of any kind be conveyed, mortgaged, pledged,
assigned or transferred to the Trustee by the Company, or by any person, firm,
association or corporation with the consent of the Company, or otherwise as
expressly permitted by the terms of the Indenture, and accepted by the Trustee,
to be held as part of the mortgaged property; and the Trustee is hereby
authorized to accept and receive any such property and any such conveyance,
mortgage, pledge, assignment or transfer as and for additional security
hereunder, and to hold and apply any and all such property subject to and in
accordance with the terms and provisions upon which such delivery, conveyance,
mortgage, pledge, assignment or transfer shall be made, not inconsistent with
the terms of the Indenture.
CLAUSE VIII.
TOGETHER with all and singular the tenements, hereditaments and
appurtenances belonging or in anywise appertaining to the aforesaid properties
or any part thereof, with the reversion and reversions, remainder and
remainders, tolls, rents, revenues, issues, income, product and profits thereof,
and all the estate, rights, title, 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 properties and every part and parcel thereof.
SUBJECT, HOWEVER, to the following (none of which, in the opinion of the
Company, materially interferes with the conduct of its business): the
reservations, exceptions, conditions, limitations and restrictions contained in
the several deeds, franchises and contracts or other instruments through which
the Company acquired or claims title to or enjoys the use of the
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mortgaged property; such servitudes, easements, rights and privileges in, over,
on, under or through said properties as have been granted by the Company to
other persons; statutory and municipal requirements relating to land and
buildings; the rights of the public and others in streets, roads and highways,
open or unopen, or laid out but unopened, crossing or bounding any of the said
parcels; the rights of the Commonwealth of Massachusetts and of the United
States of America, in and to any streams, rivers or bodies of water abutting any
of the said parcels; the rights of electric, gas, water, telephone and telegraph
companies (other than the Company) to maintain and operate pole lines, conduits,
and gas and water mains over or through any of the said parcels or on or in the
streets, roads or highways abutting thereon as the same may now or hereafter be
located; any easements visible on the ground but not evidenced by recorded
agreements or grants; and permitted encumbrances as defined in Section 1.40 of
the Original Indenture; and, with respect to any property which the Company may
hereafter construct or acquire, to any liens then in effect thereon or placed
thereon for unpaid portions of the purchase money at the time of such
acquisition, to the extent permitted by Section 9.10 of the Original Indenture.
CLAUSE IX.
EXCEPTED PROPERTY
EXPRESSLY EXCEPTING AND EXCLUDING, HOWEVER, from the Indenture and from
the lien and operation thereof:
(a) any and all property expressly excepted and excluded from the
Original Indenture and from the lien and operation thereof by paragraph A
and all property of the character expressly excepted and excluded by
paragraph B through I of Clause IX of the Granting Clauses of the Original
Indenture;
(b) all property, if any, expressly excepted from the lien of the
Indenture in the descriptions of the property contained in Schedule A of
the Second Supplemental Indenture;
(c) any and all property expressly excepted from the lien of the
Indenture in the Granting Clauses of the First through the Tenth
Supplemental Indentures;
(d) any and all property expressly excepted in the Granting Clauses
of this Eleventh Supplemental Indenture; and
(e) all property which prior to the execution and delivery of this
Eleventh Supplemental Indenture has been released by the Trustee or
otherwise disposed of by the Company free from the lien of the Indenture
in accordance with the provisions thereof.
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If upon the happening of any default as defined in Article Twelve of the
Original Indenture, the Trustee or a receiver or trustee shall enter upon and
take possession of the trust estate, the Trustee or such receiver or trustee
may, to the extent permitted by law, at the same time likewise take possession
of any and all of the property specifically excepted under the heading "Excepted
Property" of Granting Clause IX of the Original Indenture, other than paragraph
G thereof, together with any and all of the property specifically excepted in
the descriptions of the property contained in Schedule A of the Second
Supplemental Indenture, and any and all property expressly excepted in the
Granting Clauses of the First through the Tenth Supplemental Indentures and in
the Granting Clauses of this Eleventh Supplemental Indenture, then on hand and
use and administer the same to the same extent as if such property were part of
the trust estate, unless and until such default shall be remedied or waived and
possession of the trust estate restored to the Company.
TO HAVE AND TO HOLD all of the property, real, personal and mixed, and all
and singular the lands, properties, estates, rights, franchises, privileges and
appurtenances hereby granted, bargained, sold, aliened, remised, released,
conveyed, assigned, transferred, mortgaged, pledged, set over or confirmed, or
intended so to be, unto the Trustee and its successors in trust and to its and
their assigns, forever.
BUT IN TRUST, NEVERTHELESS, for the equal and proportionate use, benefit,
security and protection of those who from time to time shall hold the Bonds and
coupons, or any of them, authenticated and delivered under the Indenture, and
duly issued by the Company, without any discrimination, preference of priority
of any one Bond or coupon over any other by reason or priority in the time of
issue, sale or negotiation thereof or otherwise, except as provided in Section
12.28 of the Original Indenture, so that, subject to said Section 12.28 each and
all of said Bonds and coupons shall have the same right, lien and privilege
under the Indenture and shall be equally and proportionately secured thereby
(except as any sinking, depreciation or other analogous fund established in
accordance with the provisions of the Indenture may afford additional security
for the Bonds of any particular series), with the same effect as if all of the
Bonds and coupons had been issued, sold and negotiated simultaneously on the
date of the delivery of the Original Indenture.
THE COMPANY HEREBY DECLARES that it holds and will hold and apply all
property and rights, described in paragraph G of Clause IX of the Original
Indenture as specifically reserved and excepted, upon the trusts as set forth in
the Indenture, and as the Trustee (or any purchaser upon any sale of the
mortgaged property) shall for such purpose direct from time to time to the
fullest extent permitted by law or in equity and by any instruments creating the
same, as fully as if the same could be and had been hereby granted, conveyed,
mortgaged, pledged, transferred and assigned to and vested in the Trustee.
It is hereby covenanted, declared and agreed by and between the parties
hereto that all Bonds and coupons, if any, are to be authenticated, delivered
and issued and that all property subject or to become subject to the Indenture
is to be held, subject to the further covenants,
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conditions, uses and trusts set forth in the Indenture, and the Company for
itself and its successors or assigns does hereby covenant and agree to and with
the Trustee and its successor or successors in such trust, for the benefit of
those who shall hold said Bonds, or coupons, or any of them, as follows:
ARTICLE ONE
Amendments of the Indenture
Section 1.01. The Original Indenture is hereby modified as follows:
(1) by striking out the words "of Bonds;" in Subsection 1.34(4)(ii) and
inserting in lieu thereof the words: "and delivery of Bonds pursuant to Section
5.02 and Section 5.05;"
(2) by inserting within the form of certificate of available Bond credits
in Subsection 2.02(A) immediately after the words "Total amount of Bond credits
in Item (1)" and immediately preceding Item (2) of such form of certificate the
words "(sum of amounts entered in paragraphs (a), (b), (c) and (d) above);"
(3) by inserting within Subsection 2.02(C) the words "paragraph (c) of"
immediately preceding the word "Item" in said subsection;
(4) by striking out the figure "60%" within Section 5.03 and inserting in
lieu thereof the figure "70%";
(5) by striking out the number "60" in Subsection 12.01(c) and inserting
in lieu thereof the number "30";
(6) by striking out the number "90" in Subsection 12.01(e) and inserting
in lieu thereof the number "60"; and
(7) by deleting the semicolon at the end of Subsection 18.01(a) and
inserting in lieu thereof the words following:
", but this Subsection 18.01(a) shall not be construed to require
the Company to enter into a supplemental indenture specifically
mortgaging, pledging, conveying, transferring on assigning to the
Trustee, and subjecting to the lien of this Indenture, additional
properties as set forth above hereafter acquired by the Company
after the date of the execution of the 11th Supplemental Indenture
unless the aggregate cost of all such real property acquired after
such date or after the date of the most recent supplemental
indenture so entered into, whichever shall be the later, shall be in
excess of $500,000 (without offset or deduction, for the purposes of
this Subsection 18.01(a), of any amount of the proceeds received by
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the Company from the sale, exchange or other disposition, if any, of
property of the Company subject to the lien hereof), such
supplemental indenture to be entered into not later than 90 days
after the requirement to enter the same shall have occurred;"
Section 1.02. The Ninth Supplemental Indenture is hereby modified as
follows:
(1) by deleting the word "or" where last used in paragraph (2) to
the definition of "indebtedness for borrowed money" in Section 1.05;
(2) by deleting the paragraph reference "(3)" within the definition
of "indebtedness for borrowed money" in Section 1.05 and inserting in place
thereof the paragraph reference "(4)"; and
(3) by inserting the following new paragraph (3) after paragraph (2)
within the definition of "indebtedness for borrowed money" in Section 1.05:
"(3) Short term indebtedness for borrowed money incurred from
time to time for purposes of purchasing gas supplies, but only to
the extent that the Company's Cost of Gas Adjustment Clause then
reflects an undercollection of allowable costs equal to or greater
than the outstanding balance of such indebtedness; and provided
further, however, that the exclusion within this paragraph (3) shall
not apply if such indebtedness, if otherwise included within the
definition of "indebtedness for borrowed money," would cause the
Company's aggregate indebtedness for borrowed money to exceed 70% of
the Company's total capitalization; or"
ARTICLE TWO
Miscellaneous
Section 2.01. This Eleventh Supplemental Indenture is executed and shall
be construed as an indenture supplemental to the Original Indenture, and shall
form a part thereof, and the Original Indenture is hereby confirmed. All terms
used in this Eleventh Supplemental Indenture shall be taken to have the same
meaning in the Original Indenture except in cases where the context clearly
indicates otherwise.
Section 2.02. All recitals in this Eleventh Supplemental Indenture are
made by the Company only and not by the Trustee; and all of the provisions
contained in the Original Indenture in respect of 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.
Section 2.03. The Company covenants that it is lawfully seized and
possessed at the date of execution of this eleventh Supplemental Indenture of
all the trust estate described in this
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Eleventh Supplemental Indenture, except as specifically otherwise stated in this
Eleventh Supplemental Indenture, and that all the trust estate so described is
free and clear of any lien other than the lien of the Indenture and permitted
encumbrances; that the Company will warrant and forever defend all the trust
estate so described to the Trustee against the claims of all persons whomsoever
except as in the Indenture specifically otherwise stated, that it will maintain
and preserve the lien of the Indenture so long as any of the Bonds issued under
the Indenture are outstanding; and that it has good right and lawful authority
to subject all the trust estate so described to the lien of the Indenture as
provided in and by the terms of the Indenture.
Section 2.04. This Eleventh Supplemental Indenture may be executed in
several counterparts, and each of such counterparts shall for all purposes be
deemed to be an original, and all such counterparts, or a many of them as the
Company and the Trustee shall preserve undestroyed, shall constitute but one and
the same instrument.
IN WITNESS WHEREOF, Fall River Gas Company has caused this Eleventh
Supplemental Indenture to be signed in its corporate name and behalf by its
President or one of its Vice Presidents and its corporate seal to be hereunto
affixed and attested by its Clerk or one of its Assistant Clerks, and The First
National Bank of Boston in token of its acceptance of the trust hereby created
has caused this Eleventh Supplemental Indenture to be signed in its name and
behalf by one of its Vice Presidents, all on the day of February, 1990, but as
of the day and year first above written.
FALL RIVER GAS COMPANY
By
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and by
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Attest:
- - ------------------ (corporate seal)
THE FIRST NATIONAL BANK
OF BOSTON
By
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Attest:
- - ----------------- (corporate seal)
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COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF SUFFOLK ) SS.:
At Boston on this _____ day of February, 1990, before me appeared
___________________ and __________________, to me personally known, who, being
by me duly sworn, did say that they are the President and Treasurer,
respectively, of the Fall River Gas Company, and that the seal affixed to the
foregoing instrument was signed and sealed by then on behalf of said Company by
authority of its Board of Directors, and the said __________________ and
______________ acknowledged said instrument to be the free act and deed of said
Company.
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Notary Public
My commission expires:
(Notarial Seal)
COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF SUFFOLK ) SS.:
At Boston on this _____day of February, 1990, before me appeared
_________________, to me personally known, who, being by me duly sworn, did say
that he is a _________________ of the First National Bank of Boston, and that
the seal affixed to the foregoing instrument was signed and sealed on behalf of
said Bank by authority of its Board of Directors and the said _____________
_____________________ acknowledged said instrument to be the free act and deed
of said Bank.
-----------------------------------
Notary Public
My commission expires:
(Notarial Seal)
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Schedule A
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All the land together with the buildings and improvements thereto
belonging and all of those rights-of-way, privileges and easements in, over or
under real estate, located in the Commonwealth of Massachusetts granted to Fall
River Gas Company from the following persons pursuant to deeds, easements and
other instruments respectively dated and recorded as follows:
PART I
Rights-of-Way, Privileges and Easements
A.
Bristol County Fall River
District Registry of Deeds
Grantor Date Book Page
- - ------- ---- ---- ----
Diversified Equity Corporation June 3, 1981 1359 139
Joseph S. Acevedo June 5, 1981 1357 142
Julia V. Latham September 10, 1981 1368 252
Liduina Noverca October 17, 1981 1371 206
Manuel Botelho, Jr. and
Mary O. Botelho October 17, 1981 1371 209
Daniel E. Ferreira and
Evelyn I. Ferreira October 17, 1981 1371 212
Louis Cordeiro,
Albertina E. Cordeiro and
Donald Deschenes September 16, 1983 1461 251
Michael T. Kearns and
Eva Kearns October 12, 1983 1467 56
Albert A. Berube, Jr. and
Paul A. Berube April 12, 1984 1496 74
Manuel C. Vieira,
Maria L.Vieira,
Antonio B. Pacheco and
Fatima Pacheco April 19, 1984 1497 278
John C. Felix June 19, 1984 1517 161
Deschene Building Development
Corporation August 29, 1984 1523 58
Fall River Construction
Company, Inc., a/k/a Fall River
Construction Co., Inc. April 1, 1985 1562 189
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Jeffrey Brisbon,
George Gabbour and Cynthia
Gabbour, d/b/a G&B Realty October 3, 1985 1605 148
Louise C. Howayeck October 3, 1985 1605 151
Domenico Iammarrone and
Antoinett Iammorrone October 3, 1985 1605 153
Fall River Construction
Company, Inc., a/k/a Fall River
Construction Co., Inc. March 1, 1986 1656 327
Mario J. and Maria C. Lopes September 16, 1986 1719 17
Fleming Engineering and
Building Corp. October 7, 1986 1728 98
Fleming Engineering and
Building Corp. October 7, 1986 1728 100
Fleming Engineering and
Building Corp. October 7, 1986 1728 102
Linn G. and Kathleen M.
Graves December 22, 1986 1761 325
Dillon Lane Construction
Corporation January 15, 1987 1775 145
The Landing at South Park
Inc. May 22, 1987 1829 116
Kenneth E. Steen January 27, 1989 2075 173
Fall River Construction
Co., Inc. August 8, 1989 2365 305
Marvel Street Realty
Group, Inc. August 10, 1989 2135 12
B.
Bristol County Fall River
District Registry of the
Land Court Deeds
Grantor Date Document Number
- - ------- ---- ---------------
Fall River Construction
Company, Inc. a/k/a Fall River
Construction Co., Inc. April 11, 1986 15728
Kenneth E. Steen January 27, 1989 18853
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C.
Bristol County Fall River
District Registry of Deeds
Grantor Date Book Page
- - ------- ---- ---- ----
Kathy J. Szal March 12, 1982 1839 251
Aime A. Barnaby,
Anita R. Barnaby and
James P. Barnaby December 3, 1983 1879 1071
A. Read Bragg and
David H.P. Streeten August 15, 1985 1931 1287
Kathleen Brum July 7, 1986 1974 1193
Charles and
Melina Barboza July 7, 1986 1975 0353
Kathleen Brum August 18, 1986 1980 248
Richard and
Joyce Aubin September 12, 1986 1985 0541
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