Imágenes de páginas
PDF
EPUB

1258 bonds in the aggregate principal sum of Thirty

seven Million Five hundred and Sixty Thousand Dollars ($37,760,000) issued under and equally se. cured by said Indenture of Mortgage or Deed of Trust; and

WTIEREAS, said Indenture of Mortgage or Dec of Trust among other things provided that the Trustee therein appointed might resign and be discharged from the trusts created by said Indenture of Mortgage or Deed of Trust, by giving notice of such resignation to the Railroad ('ompany and also

to the Bondholders by publication at least twice a 1259 week for four successive weeks in a newspaper pub

lished in the Borough of Manhattan, City of New York, and by the due execution of the conveyance therein required; and

WIIEREAS, said Morton Trust Company as such Trustee resigned from the trusts created by said Indenture of Mortgage or Deel of Trust, and duly served notice of its resignation as such Trustee thereunder to The Third Avenue Railroad Company, and also gave notice of its resignation as such Trustee to the Boneholders by publication as provided in said Indenture of Mortgage or Deed of Trust, and such notices became operative on the 26th day of December, 1907; and

1260

WHEREAS, said Indenture of Mortgage or Deel of Trust provided that in case there should at any time be a vacancy in the office of Trustee therein, the said The Third Avenue Railroad Company might, by instrument executed by order of its Board of Directors, appoint a Trustee to fill such vacancy until a new Trustee should be appointed by the Bondholders, as therein provided, and in default of

[blocks in formation]

1262

WHEREAS, The Third Avenue Railroad Company at a meeting of its Board of Directors duly convened and held on the 27th day of December, 1907, in exercise of the aforesaid powers, duly resolved that the ('entral Trust Company of New York be appointed Trustee of and under said Indenture of Mortgage or Deed of Trust executed by the said The Third Avenue Railroad Company to said Morton Trust Company as Trustee, bearing date the 1.3th day of May, 1900, as successor of the said Jorton Trust ('ompany as such Trustee and upon the terms and conditions set forth in said Indenture of Mortgage or Deed of Trust, and that the officers of the said The Third Avenue Railroad Company execute and deliver a proper instrument of appointment of the Central Trust Company of New York as Trustee under said Indenture of Mortgage or Deed of Trust to fill such vacancy, and that notice of such appointment be published once a week for four successive weeks in a newspaper published in the Borough of Manhattan, City of New York; and

1203

WHEREAS, pursuant to said resolution, The Third Avenue Railroad Company did, by an instrument of appointment, appoint the Central Trust Company of New York as Trustee of and wder the said Indenture of Mortgage or Deed of Trust executed by the said The Third Avenue Railroad Com pany to Morton Trust ('ompany as Trustee and bearing date the 15th day of May, 1900, and as successor of the Morton Trust Company as such Trustee and upon the terms and conditions set

1264 forth in said Indenture of Mortgage or Deed of

Trust, to the end that the Central Trust Company of New York, as such successor Trustee, should be and become vested with all the estates, properties, rights, powers and trusts of the said Morton Trust Company as its predecessor in the trust declared in said Indenture of Mortgage or Deed of Trust, with the like effect as if originally named as Trustee therein; and

1265

WHEREAS, on the 27th day of December, 1907, the Central Trust Company of New York did, by an instrument in writing with its corporate seal thereto affixed, and signed in its corporate name by its proper officer, execute, acknowledge and deliver to The Third Avenue Railroad Company its certain instrument of acceptance, wherein and whereby the Central Trust Company of New York did accept such appointment of the said The Third Avenue Railroad Company as Trustee under said Indenture of Mortgage or Deed of Trust executed by The Third Avenue Railroad Company to said Morton Trust Company, and did agree to perform the trusts thereof, upon the terms and conditions therein set forth; and

1200

WHEREAS, the said Indenture of Mortgage or Deed of Trust further provided that in case the Trustee shall at any time resign, a successor or successors may be appointed by the holders of a majority in amount of the bonds then outstanding secured by said Indenture of Mortgage or Deed of Trust, by an instrument or concurrent instruments or counterparts signed by such Bondholders, or their attorneys in fact, duly acknowledged; and

WHEREAS, the holders of Twenty-two million, two hundred and fifty-seven thousand Dollars ($22. 257,000.00) of the face value of the said bonds, being a majority in amount of the bonds outstand. 1267 ing, secured by said Indenture of Mortgage or Deed of Trust, by an instrument or concurrent instruments or counterparts, signed by such Bondholders, or their attorneys in fact, duly acknowledged, have appointed the Central Trust Company of New York as Trustee under said Indenture of Mortgage or Deed of Trust executed by The Third Avenue Railroad Company to the Morton Trust Company as Trustee and bearing date the 15th day of May, 1900, which appointment is made of a Trustee under said Indenture of Mortgage or Deed of Trust and as successor of the Morton Trust

1268 Company as such Trustee and upon the terms and conditions set forth in said Indenture of Mortgage or Deed of Trust, to the end that the Central Trust Company of New York, as such new Trustee, shall be and become vested with all the estates, properties, rights, powers and trusts of the said Morton Trust Company as its predecessor in the trusts under the said Indenture of Mortgage or Deed of Trust, with like effect as if originally named as Trustee therein; and

1269

WHEREAS, as is provided in said Indenture of Mortgage or Deed of Trust, the undersigned, CENTRAL TRUST COMPANY OF NEW YORK, is a trust company in good standing, authorized to accept such trusts and doing business in the City of New York, and has a capital and surplus aggregat. ing at least One Million Five Hundred Thousand Dollars ($1,500,000) and is willing and able to accept the trusts set forth in said Indenture of Mortgage or Deed of Trust upon reasonable and customary terms:

NOW, THEREFORE, the said Central Trust Company of New York hereby accepts the trusts

[graphic]

1270

declared and provided in said Indenture of Mortgage or Deed of Trust executed by The Third Ave. nue Railroad ('ompany to the Morton Trust Com pany as Trustee and dated the 15th day of May, 1900, and does agree to perform the same upon the terms and conditions therein set forth, and does hereby accept such appointment as Trustee under said Indenture of Mortgage or Deed of Trust from a majority of the owners of the bonds issued and outstanding, to the end that as such new Trustee it shall, without any further act, deed or converance, become vested with all the estates, properties, rights, powers and trusts of its predecessor in the trusts thereunder, with like effect as if originally named as Trustee therein.

1271

[blocks in formation]
« AnteriorContinuar »