200505109 - Laserfiche WebLink

Browse

200505i0g Transportation Company, and Burlington Northern Holding Company, as of May 14, 1981, the corporate name of Burlington Northern Inc. was changed to Burlington Northern Railroad Company and by the May 14, 1981 Supplemental Indenture, Burlington Northern Railroad Company, assumed and agreed to pay, perform and observe all of the Mortgagor's covenants and conditions contained in the said Consolidated Mortgage. Whereas, in accordance with permissive authorization to merge as set forth in the Interstate Commerce Commission decision effective as of September 22, 1995 and by Agreement and Plan of Merger dated December 31, 1996, The Atchison Topeka and Santa Fe Railway Company on December 31, 1996 merged with and into Burlington Northern Railroad Company and the corporate name of said company was changed to The Burlington Northern and Santa Fe Railway Company and by the December 31, 1996 Supplemental Indenture, The Burlington Northern and Santa Fe Railway Company assumed and agreed to pay, perform and observe all of the Mortgagor's covenants and conditions contained in the said Consolidated Mortgage. Whereas in accordance with the amendment to its Certificate of Incorporation duly noted in the State of Delaware, the corporate name of The Burlington Northern and Santa Fe Railway Company is changed to BNSF Railway Company effective as of January 20, 2005 and by this, the as of January 20, 2005 Supplemental Indenture, BNSF Railway Company agrees to continue to pay, perform and observe all of the Mortgagor's covenants and conditions contained in the said Consolidated Mortgage. NOW, THEREFORE, in consideration of the premises and of the sum of Ten Dollars ($10.00) paid by the Trustees to BNSF Railway Company, receipt of which is hereby acknowledged, to record the change in corporate name, to further secure, and evidence the continuing affirmation, undertaking and obligation of payment, performance and observance of all of the covenants and conditions contained in the Consolidated Mortgage, the parties hereto do hereby covenant and agree as follows: ARTICLE ONE Affirmation by BNSF Railway Company BNSF Railway Company is hereby acknowledged as the mortgagor under the Consolidated Mortgage, and as such mortgagor, BNSF Railway Company in all respects ratifies, confirms and continues uninterrupted the obligations under the Consolidated Mortgage. Further, BNSF Railway Company hereby reaffirms 3