200108235 - Laserfiche WebLink

Browse

200108235 value thereof at the date of disposition and stating the value at such date of all property theretofore sold, exchanged or otherwise disposed of by the Company pursuant to this Section 5.06 within the calendar year in which such property was sold, exchanged or otherwise disposed of, shall execute and deliver confirmatory releases or certificates that such property is free from the lien of this Indenture." 1.5. Compliance with (i) Article Five of the Consolidated Mortgage and (ii) the appraisal requirement set forth in Section 17.08 of the Consolidated Mortgage are hereby waived with respect to any release of property from the lien of the Consolidated Mortgage contemplated by Section 1.1 or 1.2 of this Twenty-sixth Supplemental Indenture. ARTICLE TWO NAME OF CORPORATE TRUSTEE At all places in those supplemental indentures to the Consolidated Mortgage where there appears the name of First Trust of New York, National Association, as Corporate Trustee, and for all purposes of the Consolidated Mortgage, as heretofore supplemented, the name "U.S. Bank Trust National Association" shall be substituted for and replace the Corporate Trustee's prior legal name of First Trust of New York, National Association, such substitution evidencing a change in the name of, but not a change in the legal entity acting as, the Corporate Trustee. ARTICLE THREE CONCERNING THE TRUSTEES The Trustees shall not be responsible in any manner whatsoever for or in respect of the validity or sufficiency of this Twenty-sixth Supplemental Indenture or the due execution hereof by The Burlington Northern and Santa Fe Railway Company or for or in respect of the recitals contained herein, all of which recitals are made by The Burlington Northern and Santa Fe Railway Company solely. No implied covenant or obligation shall be read into this Twenty- sixth Supplemental Indenture against the Trustees. ARTICLE FOUR EXECUTION IN COUNTERPARTS This Twenty-sixth Supplemental Indenture may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, all of such counterparts shall together constitute but one and the same instrument. In order to facilitate the filing and recording of this Twenty-sixth Supplemental Indenture in the Land Registry and other records, or for any other uses or purposes, any number of true and exact conformed copies of this Supplemental Indenture may be exemplified by the certificate and signature of an Assistant Secretary issued under the seal of the Company, and when so exemplified the same shall be deemed and construed for all such purposes to be originals to the same extent as an original counterpart. -4-