Common use of Identification Marks Clause in Contracts

Identification Marks. With respect to each Item of Equipment subject to the Lien of this Indenture on the Closing Date, the Company has caused and, on or prior to the date on which an Indenture Supplement is executed and delivered in respect of a Replacement Item of Equipment pursuant to Section 9.11 or 9.14, the Company shall cause each Item of Equipment to be numbered with its road number and reporting xxxx set forth in the Indenture Supplement describing such Item of Equipment and from and after each such date the Company shall keep and maintain, plainly, distinctly, permanently and conspicuously marked by a plate or stencil printed in contrasting colors upon each side of each Item of Equipment, in letters not less than one inch in height, a legend substantially as follows: "OWNERSHIP SUBJECT TO A SECURITY AGREEMENT FILED WITH THE SURFACE TRANSPORTATION BOARD", with appropriate changes thereof and additions thereto as from time to time may be required by law in order to protect the rights of the Trustee under this Indenture. The Company shall not change the identification number of any Item of Equipment unless and until (i) a statement of new number or numbers to be substituted therefor shall have been filed with the Trustee and duly filed, recorded or deposited, as the case may be, by the Company in all public offices where this Indenture shall have been filed, recorded or deposited and (ii) the Company shall have furnished the Trustee with an opinion of counsel to the effect that such statement has been so filed, recorded or deposited, and that no other filing, recordation, deposit or giving of notice with or to any federal, District of Columbia, state, provincial or local government or agency thereof is necessary to protect the rights of the Trustee in such Item of Equipment.