Common use of Definitive Form Clause in Contracts

Definitive Form. If (a) (i) the Depositary is at any time unwilling or unable to continue as depositary for the 2023 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 2023 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 2023 Debentures represented by Global Securities, the Company may issue the 2023 Debentures in definitive form in exchange for such Global Securities. In any such instance, an owner of a beneficial interest in 2023 Debentures will be entitled to physical delivery in definitive form of 2023 Debentures, equal in principal amount to such beneficial interest and to have 2023 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)

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Definitive Form. If (a) (i) the Depositary is at any time unwilling or unable to continue as depositary for the 2023 2025 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 2023 2025 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 2023 2025 Debentures represented by Global Securities, the Company may issue the 2023 2025 Debentures in definitive form in exchange for such Global Securities. In any such instance, an owner of a beneficial interest in 2023 2025 Debentures will be entitled to physical delivery in definitive form of 2023 2025 Debentures, equal in principal amount to such beneficial interest and to have 2023 2025 Debentures registered in its name as shall be established in a Company Order.

Appears in 2 contracts

Samples: Seventeenth Supplemental Indenture (Burlington Northern Santa Fe, LLC), 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 2023 2021 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 2023 2021 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 2023 2021 Debentures represented by Global Securities, the Company may issue the 2023 2021 Debentures in definitive form in exchange for such Global Securities. In any such instance, an owner of a beneficial interest in 2023 2021 Debentures will be entitled to physical delivery in definitive form of 2023 2021 Debentures, equal in principal amount to such beneficial interest and to have 2023 2021 Debentures registered in its name as shall be established in a Company Order.

Appears in 2 contracts

Samples: Ninth Supplemental Indenture (Burlington Northern Santa Fe, LLC), Eighth 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 2023 2022 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 2023 2022 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 2023 2022 Debentures represented by Global Securities, the Company may issue the 2023 2022 Debentures in definitive form in exchange for such Global Securities. In any such instance, an owner of a beneficial interest in 2023 2022 Debentures will be entitled to physical delivery in definitive form of 2023 2022 Debentures, equal in principal amount to such beneficial interest and to have 2023 2022 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)

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Definitive Form. If (a) (i) the Depositary is at any time unwilling or unable to continue as depositary for the 2023 2020 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 2023 2020 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 2023 2020 Debentures represented by Global Securities, the Company may issue the 2023 2020 Debentures in definitive form in exchange for such Global Securities. In any such instance, an owner of a beneficial interest in 2023 2020 Debentures will be entitled to physical delivery in definitive form of 2023 2020 Debentures, equal in principal amount to such beneficial interest and to have 2023 2020 Debentures registered in its name as shall be established in a Company Order.

Appears in 1 contract

Samples: Seventh Supplemental Indenture (Burlington Northern Santa Fe, LLC)

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