SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of November 21, 2012 Among THE KANSAS CITY SOUTHERN RAILWAY COMPANY as Borrower KANSAS CITY SOUTHERN as Parent THE GUARANTORS NAMED HEREIN as Guarantors and THE INITIAL LENDERS, INITIAL ISSUING...Credit Agreement • November 21st, 2012 • Kansas City Southern • Railroads, line-haul operating • New York
SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) dated as of November 21, 2012 among The Kansas City Southern Railway Company, a Missouri corporation (the “Borrower”), Kansas City Southern, a Delaware corporation (the “Parent”), the Subsidiary Guarantors (as hereinafter defined), the Lenders (as hereinafter defined), the Issuing Bank (as hereinafter defined), the Swing Line Bank (as hereinafter defined), The Bank of Nova Scotia (“BNS”), as collateral agent (together with any successor collateral agent appointed pursuant to Article VII, the “Collateral Agent”) for the Secured Parties (as hereinafter defined), BNS, as administrative agent (together with any successor administrative agent appointed pursuant to Article VII, the “Administrative Agent” and, together with the Collateral Agent and the Syndication Agent, the “Agents”) for the Lender Parties (as hereinafter defined), Bank of America, N.A. (“Bank of America”), as syndication agent (the “Syndication Agent”), and Mer
RESTATEMENT AGREEMENTRestatement Agreement • November 21st, 2012 • Kansas City Southern • Railroads, line-haul operating • New York
This RESTATEMENT AGREEMENT, dated as of November 21, 2012 (this “Restatement Agreement”), is entered into by and among THE KANSAS CITY SOUTHERN RAILWAY COMPANY, a Missouri corporation (the “Borrower”), KANSAS CITY SOUTHERN, a Delaware corporation (the “Parent”), the subsidiary guarantors listed on the signature pages hereof (the “Subsidiary Guarantors”), the Lender Parties under the Credit Agreement (as defined below) that are party hereto (the “Consenting Lenders”, and together with the Non-Consenting Lenders (as defined in the Credit Agreement), the “Existing Lenders”), the Eligible Assignees party hereto that are not Existing Lenders (the “New Lenders”), and THE BANK OF NOVA SCOTIA, as administrative agent (in such capacity, the “Administrative Agent”) and as collateral agent (in such capacity, the “Collateral Agent”).
