SECOND AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT Dated as of August 8, 2008 among GENESEE & WYOMING INC., as U.S. Borrower QUEBEC GATINEAU RAILWAY INC., as Canadian Borrower ROTTERDAM RAIL FEEDING B.V., as European Borrower GENESEE...Revolving Credit and Term Loan Agreement • August 8th, 2008 • Genesee & Wyoming Inc • Railroads, line-haul operating
Contract Type FiledAugust 8th, 2008 Company IndustryThis SECOND AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT (this “Credit Agreement”) is made as of August 8, 2008 by and among (a) GENESEE & WYOMING INC., a Delaware corporation (“GWI” or the “U.S. Borrower”), (b) QUEBEC GATINEAU RAILWAY INC., a corporation constituted under the laws of Quebec, Canada (“Quebec” or the “Canadian Borrower”), (c) GENESEE & WYOMING AUSTRALIA PTY LTD (ACN 079 444 296), a proprietary limited company incorporated under the laws of Australia (the “Australian Borrower”), (d) ROTTERDAM RAIL FEEDING B.V., a private limited liability company constituted under the laws of the Netherlands (the “European Borrower” and, together with the U.S. Borrower, the Canadian Borrower and the Australian Borrower, the “Borrowers”), (e) the Subsidiaries of the U.S. Borrower listed on Schedule I hereto and any other Person which may become a guarantor of the Obligations in accordance with §9.14 (the “U.S. Guarantors”), (f) GENESEE & WYOMING CANADA INC., MIRABEL RAILW