|
TkiIB TEit~'7`H 3IJPPLI~MEN'T'~ly INI}EI+IT", dated as of May 14, 1981, ray and Between
<br />gBRg ~~~N N~r~ I~II,~Ay) CtJ)yIpANY, a Belawsre corporation hereinafter somet~:mes
<br />~ called "Cam1>atry" {formerly named Burlington Northern Inc,), mortgagor in and under that certain
<br />~jConsolidatecl Mortgage of Burlington Northern Ise., dated March `L, 1970, as supplemented, ("Consoli-
<br />~ dated Mortgage"), of which mortgage :vivrgan Guaranty Trust Company of New York, and Bartlett
<br />~ Ford, are Trustees, pang of the rust part, mortgagor,
<br />:~
<br />'~+ And
<br />bfORGAN GiIARANTY TRiIST C8A3PAN7i OF NEW YQRK. a New York trust company, and
<br />+>~~.RTLETT Ff1RI3, of St. Joseph, Missouri, successor to Jacob M. Ford II, as Trustees, hereinafter
<br />Qoealled, when referred to jointly, the "Trustees", and, when referred to separately, the "Corporate
<br />,~~ Trustee" and the "Individual Trustee", respectively, Trustees in and under said Consolidated Mortgage,
<br />parties of the second part, "`rustees,
<br />WITNESSLl'fi:
<br />Whereas, Burlington Northern Inc., as mortgagor, has heretofore made, executed and delivered to
<br />Morgan Guaranty `['rust Company of Now York and Jacob ?tii. Ford II, (and his successors in trust) as
<br />Trustees, its Consolidated Mortgage dated !March 2, 1970, and supplemental indentures thereto dated,
<br />respectively, as of 'March ?, 1970, July 1, 1970, April lb, 1971. Bccember 20, 1971, May 23, I972, Janu-
<br />ary I5, 1974. July 1, 1975, June lo, 1978, 14larch 1, 1979, and as of August 1, 1980, under which Con-
<br />solidated Mortgage Bonds of several series are outstanding.
<br />Whereas. by Agreement of Merger and Plan of Reorganization dated April 2, 1981 ("Agreement"),
<br />made by and among Burlington Northern Inc., Burlington Northern Transportation Company, and
<br />Burlington Northern Holding Company, vn the effective date of the transactions described in the
<br />Agreement, viz: ~1ay 14, 1.981., inter ells, the rnrporate name of Burlington Northern Inc. is changed
<br />to Burlington Northern Raihoad Company. All of the requisite action described in the Agreement
<br />has been taken.::std the said change of corporate name so provided was accomplished as of the date of
<br />this Tenth Supplemental Indenture, turd all acts. things and deeds necessary to authorize the unbroken
<br />continuity of the mortgagor's obligations under the Consolidated Mortgage by Burlington Northern
<br />Railroad Company, and to make this=tenth Supplemental Indenture, when executed by the parties
<br />hereto, a valid grad binding amendment to the ('onsolidatetii iortgage, hive been done, perfvrmed and
<br />completed, and the execution :md delivem hereof have been in all respects duty authorized. Accordingly,
<br />by this Teeth Supplemental Indenture, the parties desire to evidence the change of corporate name.
<br />and the continuance and affirmation by Burlington Northern Railroad Company of the obligations of
<br />Burlington Northern Inc. under the Consolidated Mortgage.
<br />NOW, THEREF(1RE, in consideration of the premises and of the sum of Ten Hollers ($10.00) paid
<br />by the Trutc~:s to Buriinsrtan ~Ierthern Railroad Company, receipt of trhich is hereby acknowledged,
<br />to recvrd the chanter in ec=rl~c>r:to n€:zns. io further secure, and evidence the ~-~,titinuing affirmation, un-
<br />dertaking and obligation +=f ,t:rti•meut, performance and observance of all of the covenants and conditivns
<br />~ntained in ~hoL'unsvliciated Mortgage, the parties hereto dv hereby covenant and agree us follows:
<br />AIiT~C~E GNP
<br />Affirmativn Iry Burlingtvn Northern Railroad Company
<br />Burlington Nvrthe;rn Railroad ('ompt:ny is hereby acknowledged as the mortgagor under the ('vn-
<br />solidated Mortgage, .tnd as such mortgagor, Burlington Northern Railroad Company in all respects
<br />ratifies, confirms and contizntey uninterrupted the obligations under the Consolidated 1Fiortgage. Further
<br />$urlington tioz•t-horn Railrnacl t'ampany hereby reaffirms its vbligatic»ts to make the due and punctual
<br />pagtnent of the. princi}ial of, premium, if any, and interest ou, all the Borals, accorc}ing to their tenor, and
<br />the clue and rntnctuel heeformence and observance of tell the covenants and conditions of the t'onavlidatrsd
<br />Mortgage, su that is aecttrdance with the provisions of Section 72,01 of Article '1\velve of the Can-
<br />solidal:ed Mvrtgrat±a, >ltn9ington Northern ltailrnad t'oml~tiuty ,hall t,e substituted for Rurlinuton Nvrtlt-
<br />ea'rt loc., ~E•itlt the ~~ote Hffect- a3: if 13u-slingkou _~'vrthorn 1?..•tllroad t_'~~rnpan~~ had beett nam~ai in the Cotz-
<br />solidatetl Mortgage as the 1>arty of the first part thoreto, xnd had duly executed and delivered the same.
<br />--18 --
<br />
<br />
|