Federal Register - July 26, 1956
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Source: Federal Register
NOTICES
5634
The fee of Brown, Wood, Puller, Cald well & Ivey, independent counsel for the underwriters of the bonds, is estimated at $13,500 and is to be paid by the pur chasers of the bonds.
Due notice of the filing of the appli cation-declaration having been given in the manner prescribed by Rule U-23 pro mulgated under the act, and no hearing thereon having been requested of or or dered by the Commission; and It appearing that the applicable pro visions of the act and the iules there under are satisfied, and the Commission observing no basis for adverse findings or the imposition of terms and condi tions; and it further appearing that the fees and expenses to be incurred in con nection with the proposed transactions are not unreasonable if they do not ex ceed the estimates set forth herein; and the Commission deeming it appropriate in the public interest and the interest of investors and consumers that the ap plication-declaration be granted and permitted to become effective forthwith:
It is ordered, Pursuant to Rule U-23
and the applicable provisions of the act, that the application-declaration, as amended, be, and it hereby is, granted and permitted to become effective forth with, subject to the terms and conditions contained in Rules U-50 and U-24.
By the Commission.
seal
O rval L. D uB o is ,
Secretary.
F. R. Doc. 56-6027; Piled, July 25, 1956;
8:50 a. m.
Pile No. 70-950 etc.
O hio E dison Co.
ORDER RELEASING JURISDICTION RESERVED
W ITH RESPECT TO AMENDMENT OP MORT
GAGE INDENTURE
J uly 20,1956.
In the matter of Ohio Edison Com pany File Nos. 70-950, 70-1036, 70-1905, 70-2334, 70-3155, 70-3367 and 70-3491.
Ohio Edison Company company, a registered holding company under the Public Utility Holding Company Act of 1935 act , has filed a request that the Commission release the jurisdiction heretofore reserved pursuant to Rule U-24 c 3 A promulgated under the act with respect to a proposed modifica tion or amendment of its Indenture of Mortgage and Deed of Trust to Bankers Trust Company as Trustee, dated as of August 1, 1930, as heretofore amended and supplemented Indenture. The Indenture as heretofore submitted to the Commission in connection with the Com panys issuance of bonds under the Seventh to Twelfth Supplements, inclu sive, provides at section 54A and 67 that
equal to the principal amount of bonds is sued and outstanding hereunder and cur rently deposited with the Trustee for cancellation
In order to withdraw cash from the Improvement Fund since May 1, 1953, the Company has followed the policy of purchasing from the underwriters, at the public offering price, bonds for deposit with the Trustee, thereby incurring sub stantial expense which it now wishes to avoid.
The Company therefore proposes, jointly with the Trustee, to execute a Thirteenth Supplemental Indenture to be dated as of August 1, 1956, which will amend section 54A aforesaid, by adding the following sentence:
Bonds authenticated and delivered by the Trustee to or upon the order of the company under and in accordance with any provi sions of the Indenture shall thereupon be deemed to be bonds issued and outstanding hereunder for the purposes of this section 54A and of subdivision 2 of said section 67
and may be made the basis for the with drawal by the company from the Trustee, pursuant to the provisions of and upon compliance-with the provisions o f, subdivi sion 2 of said section 67, of moneys de posited with the Trustee for th e account of tjie Improvement Fund, whether or not such bonds shall have been theretofore is sued by the company or disposed of in any manner by it.
It is recited that the Supplemental Indenture will be executed pursuant to the authority vested in the company and the Trustee under section 115 f of the Indenture to execute curative and clari fying amendments.
The Commission being of the opinion that the proposed Supplemental Inden ture will not affect the rights of the public or of any security holder, and that the jurisdiction reserved with re spect thereto should be released:
I t is ordered, That the jurisdiction heretofore reserved pursuant to Rule U-24 c 3 A with respect to the modification or amendment of the In denture proposed in the Companys Thirteenth Supplemental Indenture aforesaid be and is hereby released.
By the Commission.
seal
O rval L. D u B o is ,
Secretary.
F. R. Doc. 56-6028; Piled, July 25, 1956;
8:51 a. m.
File No. 31-633
L incoln Corp.
ORDER GRANTING EXEMPTION
J uly 19,1956.
Lincoln Corporation Lincoln , a holding company having filed with this Commission an application pursuant to section 3 a 3 of the Public Utility . commencing with the Improvement Holding Company Act of 1935 act for Fund payment due May 1, 1953 and there an exemption for itself as a holding com after for so long as any bonds of the 1974 pany, and for each of its subsidiaries as Series or of the 1975 Series are outstanding, such, from the provisions of the act on no moneys deposited with the Trustee for ac the basis that it is only incidentally a count of the Improvement Fund may be withdrawn to reimburse the Com holding company, being primarily en pany for expenditures incurred in gaged or interested in one or more busi acquiring, making or constructing unfunded nesses other than the business of a pub property additions; but such moneys may lic-utility company and not deriving, be withdrawn by the company in an amount directly or indirectly, any material part
of its income from any one or more sub sidiary companies, the principal business of which is that of a public utility com pany; and Due notice of the filing of the applica tion for exemption having been given, and no hearing thereon having been re quested of or ordered by the Commission;
and The Commission having examined the full record in respect of the application;
and it appearing that the applicable standards of section 3 a 3 of the act are satisfied, and the Commission not finding that the granting of the exemp tion will be detrimental to the public interest or the interest of investors or consumers;
It is ordered, That Lincoln and its sub sidiaries be, and they hereby are, ex empted from the provisions of the act applicable to them as a holding company and as subsidiary companies thereof.
I t is further ordered, That this order shall become effective upon its issuance.
By the Commission.
seal
O rval L. D u B ois ,
Secretary.
F. R. Doc. 56-6020; Plied, July 25, 1956;
8:49 a. m.
DEPARTMENT OF JUSTICE
Office of Alien Property F riedrich and A lfred H oly NOTICE OF INTENTION TO RETURN VESTED
PROPERTY
Pursuant to section 32 f of the Trading With the Enemy Act, as amended, notice is hereby given of in tention to return, on or after 30 days from the date of publication hereof, the following property located in Washing ton, D. C., including all royalties accrued thereunder and all damages and profits recoverable for past infringement thereof, after adequate provision for taxes and conservatory expenses:
Claimant, Claim No., and Property Friedrich Holy, Hagelingasse 1, Vienna XIV, Austria and Alfred Holy, 100A "Burggasse, Vienna VII, Austria; Claim No. 12361; to each claimant, one-half % of the following:
$46.50 in the Treasury of the United States;
and All right, title, interest and claim of what soever kind or nature in and to every copy right, claim of copyright, license, agreement, privilege and power, and every right of what soever nature, including, but not limited to all monies and amounts by way of royalties, share of profits, or other emolument, and all causes of action accrued or to accrue relating to the compositions entitled An Evening at Home, Invocation and 24
Easy Studies for the Harp, by Alfred Holy, as listed in Exhibit A of Vesting Order No.
1758, effective June 1, 1943, to the, extent owned by Alfred Holy, immediately prior to the vesting thereof by Vesting Order No. 1758.
Executed at Washington, D. C., on July 19, 1956.
For the Attorney General.
seal
P aul V. M yron ,
Deputy Director, Office of Alien Property.
F. R. Doc. 56-6030; Filed, July 25, 1956;
8:51 a. m.