87100680 - Laserfiche WebLink

Browse

87-- 160680 THIS THIRTEENT 11 SUPPLEMENTAL INDENTURE. dated as of October 1. 1986, by and between. Burlington Northern Railroad Company; a corporation organized and existing under the laws of the State of Delaware_, hereinafter called the "Company. ", party of the first part and Morgan Goaranty Trust Company of New York, a New York trust company; and WV A. Johnson, of St. Louis.. Missouri_ successor to Bartlett Ford and Jacob M. Ford IL as Trustees. parties of the second part_ hereinafter called, when referred to jointly, the ""trustees`" and_ when referred to separately. the "Corporate Trustee" and the "Individual Trustee," respeetivel1 i;'V'HERF.AS, the Company has heretofore executed and delivered it Consolidated Mortgage dated March 7, 19:0 (hereinafter called the "Original Mortgage`) and supplemental indentures thereto dated respectively as of March 1 1970. July 1, 1974, April I.S. 19x1. December 20, 1971, May 211971 January 15. 1974,1uly t, 1575, june i'S, 1978—March 1, 1979_ Auvast 1. 1%0. May 14, MI-Decemhet-31, - 1%1 and December 51. 1952_ under which .Consolidated !Mortgage Bonds of several series are outstanding { the Original Mortgage as heretofore suppletrrented aril modified being hereinafter called the " iioslenture "): and WIIEREAS� the Company has by proper corporate action authorized the issuance and sale of an additional series of Bonds under the Indenture to be known as "Consolidated Mortgage WX Bonds.. Series H, Due 21It)ti.'" hereinafter called the --Bonds of Series ii'" in site principal amount of S<x 3.0IX4.1aw and M711FREAS, the Company desires by this Thirteenth Supplemental irulersture to e++.'idence the terms and pro%isions. as determined %y its Board of Directors„ of the Bonds of Series H, all as more fulls set forth herein. and WHEREAS., all acts.and things, pre Bribed by law_ by the Rest vd Certificate of incorporation and fly- -Iows of the Company and by the indenture have been ;dryly perfoirrred and complied with to make this Thirteenth Supplemental indenture mud the Bonds ofSeries H, wilterr duly executed_ authenticated tiro the case of such Bonds) and delivered,, vali& binding and Irea1 instruments in a <xrnrdanee with their respective terms: NOW, THEREFORE: THIS THIRTEUITH SUPPLUMENTAL INDE?3:'i'1 THE %VrF'NESWM: That the Company covenants and agrees with the Trustees and with the regiective holders from tints to time of the Bonds and t+),uptms tweed acrd to he issued clasper the Indenture as Eoiiowss ARTIC -E 1 C RF_%rwr, €u- B,^ cu, 'Sac „, if Sv,a:nf^ 1.41. There is hereby created an erghth series of Bo■ ds to be issued undci and secured . by the Indenture to be "own as - CowAidated :Mortgatte 914% f3/rn&- Series fI_ Due —Ito%' -- The Bonds of Series H shall: €1 i be dated the date of caut6- ntication_ i2) mature on October I. 20tiai; 13? bear interest at the rate of 91*1 per annum. payabie cim- auixuall% on April I and �l - October I of each year_ hereinafter sometimes ealled acs - IntereA Pxuuaent Date,— :from the _ Intemst Payment late next the elate of antlieeti ation thereof "nut prime of the ypr_eceding _ pr'inCftrAl amount thereof has bee.. __.adeor duty prov ided flit except tlLai= #a any Baud off Series -� H authenticated before April 1, 1957 shall hear interest frost October 1, t9% unless elause rC5 below is applicable: (b) if the Company shall &&uIt or be in defauk in the pavrnerit of interea# upon Bonds of Series H, such Bonds of Series If shall bear interest from the date of the begimaiiw of the period for which interest is so in defauk: and � It so long as there is ne existing defaark in the payment of interest on the Bonds of Series H. any Bored of Series H authenticated -after the close of business on any Record, Date_ as hereinafter definer- w ith, respet -t to any Interest Pax Pteut Bate and on or prior to such Interest Payment Date shalt bear inters -st front such Interest Fa_Yrrre"t Date: