Common use of Future Note Guarantors Clause in Contracts

Future Note Guarantors. The Parent will cause (i) at any time that the Credit Agreement is in effect, each Subsidiary of the Parent (other than the Company, KCS Holdings I, Inc., KCS Ventures I, Inc., The Kansas City Northern Railway Company and Xxxxx, Inc.) that enters into a Guarantee of any Indebtedness that may be Incurred under the Credit Agreement and (ii) at any time that the Credit Agreement is not in effect, each domestic Restricted Subsidiary of the Parent (other than the Company, KCS Holdings I, Inc., KCS Ventures I, Inc., The Kansas City Northern Railway Company and Xxxxx, Inc.) that enters into a Guarantee of any other obligations of the Parent or any of its domestic Subsidiaries, to execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit B pursuant to which such Subsidiary will Guarantee payment of the Securities. Each Note Guarantee will be limited to an amount not to exceed the maximum amount that can be Guaranteed by that Note Guarantor without rendering the Note Guarantee, as it relates to such Note Gurantor, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, or similar laws affecting the rights of creditors generally.

Future Note Guarantors. The Parent will cause (i) at ----------------------- any time that the Credit Agreement any Bank Indebtedness is in effectoutstanding, each Subsidiary of the Parent (other than the Company, KCS Holdings ICaymex Transportation, Inc., KCS Ventures ISCC Holdings, Inc., The Kansas City Northern Railway Company and Xxxxx, Inc.) that enters into a Guarantee of any Bank Indebtedness that may be Incurred under the Credit Agreement and (ii) at any time that the Credit Agreement no Bank Indebtedness is not in effectoutstanding, each domestic Restricted Subsidiary of the Parent (other than the Company, KCS Holdings I, Inc., KCS Ventures I, Inc., The Kansas City Northern Railway Company and Xxxxx, Inc.) that enters into a Guarantee of any other obligations of the Parent or any of its domestic Subsidiaries, to execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit B C pursuant to which such Subsidiary will Guarantee payment of the Securities. Each Note Guarantee will be limited to an amount not to exceed the maximum amount that can be Guaranteed by that Note Guarantor without rendering the Note Guarantee, as it relates to such Note GurantorGuarantor, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, transfer or similar laws affecting the rights of creditors generally.

Future Note Guarantors. The Parent will cause ---------------------- (i) at any time that the Credit Agreement any Bank Indebtedness is in effectoutstanding, each Subsidiary of the Parent (other than the Company, KCS Holdings ICaymex Transportation, Inc., KCS Ventures ISCC Holdings, Inc., The Kansas City Northern Railway Company and Xxxxx, Inc.) that enters into a Guarantee of any Bank Indebtedness that may be Incurred under the Credit Agreement and (ii) at any time that the Credit Agreement no Bank Indebtedness is not in effectoutstanding, each domestic Restricted Subsidiary of the Parent (other than the Company, KCS Holdings I, Inc., KCS Ventures I, Inc., The Kansas City Northern Railway Company and Xxxxx, Inc.) that enters into a Guarantee of any other obligations of the Parent or any of its domestic Subsidiaries, to execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit B pursuant to which such Subsidiary will Guarantee payment of the Securities. Each Note Guarantee will be limited to an amount not to exceed the maximum amount that can be Guaranteed by that Note Guarantor without rendering the Note Guarantee, as it relates to such Note GurantorGuarantor, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, transfer or similar laws affecting the rights of creditors generally.

Future Note Guarantors. The Parent will cause (i) at any time that the Credit Agreement is in effect, each Subsidiary of the Parent (other than the Company, KCS Holdings I, Inc., KCS Ventures I, Inc., The Kansas City Northern Railway Company and XxxxxVeals, Inc.) that enters into a Guarantee of any Indebtedness that may be mxx xx Incurred under the Credit Agreement and (ii) at any time that the Credit Agreement is not in effect, each domestic Restricted Subsidiary of the Parent (other than the Company, KCS Holdings I, Inc., KCS Ventures I, Inc., The Kansas City Northern Railway Company and XxxxxVeals, Inc.) that enters into a Guarantee of any other obligations of the xx xhe Parent or any of its domestic Subsidiaries, to execute and deliver to the Trustee a supplemental indenture substantially in the form of Exhibit B pursuant to which such Subsidiary will Guarantee payment of the Securities. Each Note Guarantee will be limited to an amount not to exceed the maximum amount that can be Guaranteed by that Note Guarantor without rendering the Note Guarantee, as it relates to such Note Gurantor, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, or similar laws affecting the rights of creditors generally.