Definitive Form. If (a) (i) the Depositary is at any time unwilling or unable to continue as depositary for the 2041 Debentures or (ii) the Depositary has ceased to be a clearing agency registered under the Exchange Act, and in either case a successor Depositary is not appointed by the Company within 90 days of notice thereof, (b) an Event of Default has occurred with regard to the 2041 Debentures and has not been cured or waived, or (c) the Company at any time and in its sole discretion and subject to the procedures of the Depositary determines not to have the 2041 Debentures represented by Global Securities, the Company may issue the 2041 Debentures in definitive form in exchange for such Global Securities. In any such instance, an owner of a beneficial interest in 2041 Debentures will be entitled to physical delivery in definitive form of 2041 Debentures, equal in principal amount to such beneficial interest and to have 2041 Debentures registered in its name as shall be established in a Company Order.
Appears in 3 contracts
Samples: Indenture (Burlington Northern Santa Fe, LLC), Eighth Supplemental Indenture (Burlington Northern Santa Fe, LLC), Seventh Supplemental Indenture (Burlington Northern Santa Fe, LLC)
Definitive Form. If (a) (i) the Depositary is at any time unwilling or unable to continue as depositary for the 2041 2042 Debentures or (ii) the Depositary has ceased to be a clearing agency registered under the Exchange Act, and in either case a successor Depositary is not appointed by the Company within 90 days of notice thereof, (b) an Event of Default has occurred with regard to the 2041 2042 Debentures and has not been cured or waived, or (c) the Company at any time and in its sole discretion and subject to the procedures of the Depositary determines not to have the 2041 2042 Debentures represented by Global Securities, the Company may issue the 2041 2042 Debentures in definitive form in exchange for such Global Securities. In any such instance, an owner of a beneficial interest in 2041 2042 Debentures will be entitled to physical delivery in definitive form of 2041 2042 Debentures, equal in principal amount to such beneficial interest and to have 2041 2042 Debentures registered in its name as shall be established in a Company Order.
Appears in 2 contracts
Samples: Eleventh Supplemental Indenture (Burlington Northern Santa Fe, LLC), Tenth Supplemental Indenture (Burlington Northern Santa Fe, LLC)
Definitive Form. If (a) (i) the Depositary is at any time unwilling or unable to continue as depositary for the 2041 2024 Debentures or (ii) the Depositary has ceased to be a clearing agency registered under the Exchange Act, and in either case a successor Depositary is not appointed by the Company within 90 days of notice thereof, (b) an Event of Default has occurred with regard to the 2041 2024 Debentures and has not been cured or waived, or (c) the Company at any time and in its sole discretion and subject to the procedures of the Depositary determines not to have the 2041 2024 Debentures represented by Global Securities, the Company may issue the 2041 2024 Debentures in definitive form in exchange for such Global Securities. In any such instance, an owner of a beneficial interest in 2041 2024 Debentures will be entitled to physical delivery in definitive form of 2041 2024 Debentures, equal in principal amount to such beneficial interest and to have 2041 2024 Debentures registered in its name as shall be established in a Company Order.
Appears in 2 contracts
Samples: Fifteenth Supplemental Indenture (Burlington Northern Santa Fe, LLC), Fourteenth Supplemental Indenture (Burlington Northern Santa Fe, LLC)
Definitive Form. If (a) (i) the Depositary is at any time unwilling or unable to continue as depositary for the 2041 2043 Debentures or (ii) the Depositary has ceased to be a clearing agency registered under the Exchange Act, and in either case a successor Depositary is not appointed by the Company within 90 days of notice thereof, (b) an Event of Default has occurred with regard to the 2041 2043 Debentures and has not been cured or waived, or (c) the Company at any time and in its sole discretion and subject to the procedures of the Depositary determines not to have the 2041 2043 Debentures represented by Global Securities, the Company may issue the 2041 2043 Debentures in definitive form in exchange for such Global Securities. In any such instance, an owner of a beneficial interest in 2041 2043 Debentures will be entitled to physical delivery in definitive form of 2041 2043 Debentures, equal in principal amount to such beneficial interest and to have 2041 2043 Debentures registered in its name as shall be established in a Company Order.
Appears in 2 contracts
Samples: Thirteenth Supplemental Indenture (Burlington Northern Santa Fe, LLC), Twelfth Supplemental Indenture (Burlington Northern Santa Fe, LLC)
Definitive Form. If (a) (i) the Depositary is at any time unwilling or unable to continue as depositary for the 2041 2044 Debentures or (ii) the Depositary has ceased to be a clearing agency registered under the Exchange Act, and in either case a successor Depositary is not appointed by the Company within 90 days of notice thereof, (b) an Event of Default has occurred with regard to the 2041 2044 Debentures and has not been cured or waived, or (c) the Company at any time and in its sole discretion and subject to the procedures of the Depositary determines not to have the 2041 2044 Debentures represented by Global Securities, the Company may issue the 2041 2044 Debentures in definitive form in exchange for such Global Securities. In any such instance, an owner of a beneficial interest in 2041 2044 Debentures will be entitled to physical delivery in definitive form of 2041 2044 Debentures, equal in principal amount to such beneficial interest and to have 2041 2044 Debentures registered in its name as shall be established in a Company Order.
Appears in 2 contracts
Samples: Fifteenth Supplemental Indenture (Burlington Northern Santa Fe, LLC), Fourteenth Supplemental Indenture (Burlington Northern Santa Fe, LLC)
Definitive Form. If (a) (i) the Depositary is at any time unwilling or unable to continue as depositary for the 2041 2045 Debentures or (ii) the Depositary has ceased to be a clearing agency registered under the Exchange Act, and in either case a successor Depositary is not appointed by the Company within 90 days of notice thereof, (b) an Event of Default has occurred with regard to the 2041 2045 Debentures and has not been cured or waived, or (c) the Company at any time and in its sole discretion and subject to the procedures of the Depositary determines not to have the 2041 2045 Debentures represented by Global Securities, the Company may issue the 2041 2045 Debentures in definitive form in exchange for such Global Securities. In any such instance, an owner of a beneficial interest in 2041 2045 Debentures will be entitled to physical delivery in definitive form of 2041 2045 Debentures, equal in principal amount to such beneficial interest and to have 2041 2045 Debentures registered in its name as shall be established in a Company Order.
Appears in 2 contracts
Samples: Indenture (Burlington Northern Santa Fe, LLC), Sixteenth Supplemental Indenture (Burlington Northern Santa Fe, LLC)
Definitive Form. If (a) (i) the Depositary has notified the Company that it is at any time unwilling or unable to continue as depositary for the 2041 2047 Debentures or (ii) the Depositary has ceased to be a clearing agency registered under the Exchange Act, and in either case a successor Depositary is not appointed by the Company within 90 days of notice thereof, (b) an Event of Default has occurred with regard to the 2041 2047 Debentures and has not been cured or waived, or (c) the Company at any time and in its sole discretion and subject to the procedures of the Depositary determines not to have the 2041 2047 Debentures represented by Global Securities, the Company may issue the 2041 2047 Debentures in definitive form in exchange for such Global Securities. In any such instance, an owner of a beneficial interest in 2041 2047 Debentures will be entitled to physical delivery in definitive form of 2041 2047 Debentures, equal in principal amount to such beneficial interest and to have 2041 2047 Debentures registered in its name as shall be established in a Company Order.
Appears in 1 contract
Samples: Nineteenth Supplemental Indenture (Burlington Northern Santa Fe, LLC)
Definitive Form. If (a) (i) the Depositary has notified the Company that it is at any time unwilling or unable to continue as depositary for the 2041 2027 Debentures or (ii) the Depositary has ceased to be a clearing agency registered under the Exchange Act, and in either case a successor Depositary is not appointed by the Company within 90 days of notice thereof, (b) an Event of Default has occurred with regard to the 2041 2027 Debentures and has not been cured or waived, or (c) the Company at any time and in its sole discretion and subject to the procedures of the Depositary determines not to have the 2041 2027 Debentures represented by Global Securities, the Company may issue the 2041 2027 Debentures in definitive form in exchange for such Global Securities. In any such instance, an owner of a beneficial interest in 2041 2027 Debentures will be entitled to physical delivery in definitive form of 2041 2027 Debentures, equal in principal amount to such beneficial interest and to have 2041 2027 Debentures registered in its name as shall be established in a Company Order.
Appears in 1 contract
Samples: Nineteenth Supplemental Indenture (Burlington Northern Santa Fe, LLC)