DTE Energy 2012 Annual Report Download - page 129
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Designation of Series
Amount
Initially Issued
Amount
Outstanding
First Mortgage Bonds
(Secured Term Notes, Series B)
8¼% Series due 2014 $80,000,000
$80,000,000
Collateral Bonds
(Senior Notes)
5.70% Collateral Bonds due 2033 $200,000,000
$200,000,000
2004 Series E Collateral Bonds $120,000,000
$120,000,000
2008 Series A Collateral Bonds $60,000,000
$60,000,000
2008 Series B Collateral Bonds $100,000,000
$100,000,000
2008 Series C Collateral Bonds $25,000,000
$25,000,000
2008 Series F Collateral Bonds $75,000,000
$75,000,000
2008 Series H Collateral Bonds $140,000,000
$140,000,000
2008 Series I Collateral Bonds $50,000,000
$50,000,000
WHEREAS, the Company desires in and by this Supplemental Indenture to establish a series of bonds to be issued under the
Indenture, to designate the terms thereof, to specify the particulars necessary to describe and define the same and to specify such other
provisions and agreements in respect thereof as are in the Indenture provided or permitted; and
WHEREAS, all the conditions and requirements necessary to make this Supplemental Indenture, when duly executed and
delivered, a valid, binding and legal instrument in accordance with its terms and for the purposes herein expressed, have been done,
performed and fulfilled, and the execution and delivery of this Supplemental Indenture in the form and with the terms hereof have been in all
respects duly authorized;
NOW, THEREFORE, in consideration of the premises and in further consideration of the sum of One Dollar in lawful money of the
United States of America paid to the Company by the Trustee at or before the execution and delivery of this Forty-third Supplemental
Indenture, the receipt whereof is hereby acknowledged, and of other good and valuable consideration, it is agreed by and between the
Company and the Trustee as follows:
ARTICLE I
AMENDMENT OF INDENTURE
SECTION 1. Amendment of Granting Clause. The Granting Clause of the Indenture is hereby amended to insert the words
“including, without limitation, covenants of the Company to pay any premium (including any make-whole amount) due and payable on any
bonds at any time issued and outstanding hereunder,” immediately following the words “performance and observance of all the covenants
and conditions therein and herein contained.”
SECTION 2. Amendment of Section 9.01 of the Indenture. Section 9.01 of the Indenture is hereby amended to include the
following additional “event of default”:
I. Default shall be made in the due and punctual payment of any premium (including any make-whole amount) on any of the bonds issued
hereunder when and as the same shall become due and payable as expressed in such bonds or in this Indenture or in any indenture
supplemental hereto;
3