SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of November 29, 2012, among KANSAS CITY SOUTHERN DE MÉXICO, S.A. DE C.V., as the Borrower, VARIOUS FINANCIAL INSTITUTIONS AND OTHER PERSONS FROM TIME TO TIME PARTIES HERETO, as the Lenders, and...Credit Agreement • November 30th, 2012 • Kansas City Southern • Railroads, line-haul operating • New York
THIS SECOND AMENDED AND RESTATED CREDIT AGREEMENT, dated as of November 29, 2012 (this “Agreement”), is among KANSAS CITY SOUTHERN DE MÉXICO, S.A. DE C.V., a corporation with variable capital (sociedad anónima de capital variable) organized under the laws of Mexico (the “Borrower”), the various financial institutions and other Persons from time to time parties hereto (the “Lenders”), JPMORGAN CHASE BANK, N.A. (“JPMCB”), as administrative agent (in such capacity, the “Administrative Agent”) and collateral agent (in such capacity, the “Collateral Agent”), J.P. MORGAN SECURITIES LLC (“JPMorgan”) as joint lead arranger and joint bookrunner (in such capacities, a “Lead Arranger”), MERRILL LYNCH, PIERCE, FENNER & SMITH, INCORPORATED (“MLPFS”), as joint lead arranger and joint bookrunner (in such capacities, a “Lead Arranger” and, together with JPMorgan, the “Lead Arrangers”).
RESTATEMENT AGREEMENTRestatement Agreement • November 30th, 2012 • Kansas City Southern • Railroads, line-haul operating
This RESTATEMENT AGREEMENT, dated as of November 29, 2012 (this “Restatement Agreement”), is entered into by and among KANSAS CITY SOUTHERN DE MÉXICO, S.A. DE C.V., a corporation with variable capital (sociedad anónima de capital variable) organized under the laws of Mexico (the “Borrower”), the subsidiary guarantors listed on the signature pages hereof (the “Subsidiary Guarantors”), the Lenders under the Credit Agreement (as defined below) that are party hereto (the “Consenting Lenders”, and together with the other Lenders (as defined in the Credit Agreement), the “Existing Lenders”), the Eligible Assignees party hereto that are not Existing Lenders (the “New Lenders”), and JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity, the “Administrative Agent”) and as collateral agent (in such capacity, the “Collateral Agent”).
