|
~~~-~- ~~ii~~8~
<br />7`EII:3 SI~FLBAAEIv"1'AL E(~RN'1't1RB, datedd as of May i4, 198i, By and Between
<br />)~[IRI,INGTON N€3RTHERN RAILROAfi Cf3;tiiPAIdY, a Delaware corporation (formerly named
<br />Burlington Northam Irre.}, corporate successor in interest and title by merger to Great Northern
<br />Railway Company, Successor Mortgagor in and under that certain Great Northern Railway Company
<br />General Gold Bond Mortgage dated January 21, 1921, as supplemented ("General Gvid Bond Mortr
<br />gage"), of which mortgage Citibank, N.A. is Trustee, party of the first part, Mortgagor,
<br />And
<br />CHTIBAN~, N.A., a National Banking Association, incorporated and existing under the taws of the
<br />United Status of America, successor in interest and trust to The First National Bank of the City of New
<br />York, to First National City Bank (subsequently named Citibank, N.A.}, Successor Trustee in and
<br />under said General Gold Bvnd Mortgage, party of the second gait. Trustee,
<br />WITNESSETH:
<br />Great Northern Railway Company, as mortgagor, has heretofore made, executed and delivered to The
<br />First National Bank of the nity of New York, as Trustee, its Genoral Gold Bond Mortgage dated January
<br />1, 1921, and supplements thereto dated, respectively, March 19, 1936, as of January 1, 1937, April 18,
<br />1944, ae of July 1, 1944, Burch 20, 1945, as of July 1, 1945, two supplements dated as of January I,
<br />1946, as of July 2, 1953, as of September 1, 1954, two supplements as of March 2, 1970, July I, 1970, as
<br />of January 1, 1971, as of January 1, 1971, as of July i, 1975, as of January 1, 1978 and as of July 1,
<br />1980, under which General Mortgage Bonds of several series are outstanding.
<br />By one of the March 2, 1970 Supplemental Indentures, Burlington Northern Inc., as successor in inter-
<br />est and title by merger to Great Northern Railway Company, assumed and agreed to pay, perform and
<br />observe all of the mortgagors covenants and conditions contained in the General Gold Bond Mortgage.
<br />By Agreement of Merger and Plan of Reorganization dated April 2, 1981 ("Agreement"}, made by and
<br />among Burlington Northern Inc.. Burlington Northern Transportation Company, and Burlington
<br />Northern Holding Company, on the effective date of the transactions described in the Agreement, viz:
<br />May 14, 1981, inter ells, the corporate name of Brrriingiott Northern inc. is changed to BIIrlittgtott
<br />Northern Railroad Company; a conformed true copy of the Agreement is attached hereto ag Appendix
<br />A, incorporated herein and made a part hereof, specific reference to which is hereby made.' All of the
<br />requisite a,:tiorx described in the Agreement has bean taken, and the said change of corporate name so
<br />provided for is being accomplished contemporaneously with the execution of this Supplemental Inden-
<br />ture, atul aU acts, things and deeds necessary to authorize the unbroken continuity of the mortgagor's
<br />obligations under the General (=old Bond Bivrtgage by Burlington Northern Railroad Company, and tv
<br />make this Supplemental Indenture, when executed by the parties hereto, a valid and binding amend-
<br />ment to the General Gold Bond Bortgage, have been done, performed and completed, and the execution
<br />and delivery hereof have been in all respects duly authorized. Accordingly, by this Supplemental Inden-
<br />ture, the parties desire to evidence the change of corporate name, and the continuance and specific as-
<br />sumption by Burlington Northern Kailroad Company of the obligations of Burlington Northern Inc.
<br />under the General Gold Bond :lortgage as heretofore supplemented.
<br />NOW, THEREFORE, in wnsideration of the premises and of the sum of Ten Dollars ($10.00) paid
<br />by the Tr°ustae to ;~urlingtun Northern Kailrsrad Company, receipt of which is hereby acknowledged,
<br />to r~orzl t a rhanga in •=zr,fl;r Fla ^_u..a. to further. secure, n„d f,•ndence ±tta continuing vndert~king and
<br />vbligatican of payment, performance ax,d observance of all of the covenants and conditions contained
<br />in the General Gold Band Mortgage, the parties hereto do hereby covenant and agree as follows:
<br />A_BTICF E ONE
<br />_ r ~~._-_ u-~,_~_...,
<br />-,.....,-.-~. '°' '! ------°--- %,7r-"'c[,~ a~3ii.,iu. ~-iixxr{raxi 1,
<br />Burlington Northern ltailrtx:es4 (::,nxpany is hereby acknuwiedt;ed as the 4uccessor i4lorigagor under
<br />the General Gold Bond Mortgage, and :ts such Successor 3ortgagor, Burlington Northern Kailroad
<br />Company in all respects ratifies, confirms and continues uninterrupted the assumption of obligations
<br />under the General Gvld Bond Mortgage made by Burlington Northern Inc. in the March ?, 1970 Supgle-
<br />mental Indenture. Further Burlington Northern Railroad Cvnxpany hereby assumes the due and punctual
<br />payment of the {xrincigal of earl interest on al! the General Bortgage Bonds, accordisrg to their tenor, and
<br />the due and punctual perf~irmuncP and observance of sll thN covenants and conditions ot" the General txold
<br />Band Mortgage, so thtxi in accordance with the provisions of Section 2 of Article Fifteen of the General
<br />Gold Bond Mortgage, Burlington Northern Kailroad (`ompany shall succeed to and be substituted for
<br />Burlington Northern Inc., with the Name effect as if Burlington Northern Railroad Company had been
<br />.,stared itr the General Gold Bond Mort~xga as the garty of the first part thereto. and Mad duly exeeut:d
<br />end delivered the same.
<br />" Appendix A atuszhed to eriginal insxrument amittcd.
<br />---11--
<br />
<br />
<br />
<br />
<br />
|