RecitalsReplacement Capital Covenant • December 15th, 2005 • Burlington Northern Santa Fe Corp • Railroads, line-haul operating
NRSRO), (iii) has an outstanding principal amount of not less than $100,000,000, and (iv) was issued through or with the assistance of a commercial or investment banking firm or firms acting as underwriters, initial purchasers or placement or distribution agents. For purposes of this definition as applied to securities with a CUSIP number, each issuance of long-term indebtedness for money borrowed of the Corporation that has (or, if such indebtedness is held by a trust or other intermediate entity established directly or indirectly by the Corporation, the securities of such intermediate entity have) a separate CUSIP number shall be deemed to be a series of the Corporation’s long-term indebtedness for money borrowed that is separate from each other series of such indebtedness.
GUARANTEE AGREEMENT BETWEEN BURLINGTON NORTHERN SANTA FE CORPORATION (AS GUARANTOR) AND U.S. BANK TRUST NATIONAL ASSOCIATION (AS GUARANTEE TRUSTEE) DATED AS OF DECEMBER 15, 2005Guarantee Agreement • December 15th, 2005 • Burlington Northern Santa Fe Corp • Railroads, line-haul operating • New York
This GUARANTEE AGREEMENT, dated as of December 15, 2005 (the “Guarantee Agreement”), is executed and delivered by BURLINGTON NORTHERN SANTA FE CORPORATION, a Delaware corporation (the “Guarantor”), having its principal office at 2650 Lou Menk Drive, Fort Worth, Texas 76131-2830, and U.S. BANK TRUST NATIONAL ASSOCIATION, a national banking association (“U.S. Bank”), as trustee (the “Guarantee Trustee”), for the benefit of the Trust Preferred Holders (as defined herein) from time to time of the Trust Preferred Securities (as defined herein) of BNSF Funding Trust I, a Delaware statutory trust (the “Trust”).
