Definitive Form. If (a) the Depository is at any time unwilling or unable to continue as depositary and 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 2037 Debentures and has not been cured or waived, or (c) the Company at any time and in its sole discretion determines not to have the 2037 Debentures represented by Global Securities, the Company may issue the 2037 Debentures in definitive form in exchange for such Global Securities. In any such instance, an owner of a beneficial interest in 2037 Debentures will be entitled to physical delivery in definitive form of 2037 Debentures, equal in principal amount to such beneficial interest and to have 2037 Debentures registered in its name as shall be established in a Company order.
Appears in 1 contract
Sources: First Supplemental Indenture (Burlington Northern Santa Fe Corp)
Definitive Form. If (a) the Depository is at any time unwilling or unable to continue as depositary and 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 2037 2017 Debentures and has not been cured or waived, or (c) the Company at any time and in its sole discretion determines not to have the 2037 2017 Debentures represented by Global Securities, the Company may issue the 2037 2017 Debentures in definitive form in exchange for such Global Securities. In any such instance, an owner of a beneficial interest in 2037 2017 Debentures will be entitled to physical delivery in definitive form of 2037 2017 Debentures, equal in principal amount to such beneficial interest and to have 2037 2017 Debentures registered in its name as shall be established in a Company order.
Appears in 1 contract
Sources: First Supplemental Indenture (Burlington Northern Santa Fe Corp)