EX-10.1
from 8-K
104 pages
Credit Agreement Dated as of March 8, 2019 Among Kansas City Southern as Borrower the Guarantors From Time to Time Party Hereto as Guarantors and the Lenders and Issuing Banks From Time to Time Party Hereto as Lenders and Issuing Banks and Bank of America, N.A. as Administrative Agent and Citibank, N.A., Jpmorgan Chase Bank, N.A., U.S. Bank National Association, and Wells Fargo Bank, National Association as Co-Syndication Agents Merrill Lynch, Pierce, Fenner & Smith Incorporated, Citibank, N.A., Jpmorgan Chase Bank, N.A., U.S. Bank National Association and Wells Fargo Securities, LLC as Joint Lead Arrangers and Joint Bookrunning Managers T a B L E O F C O N T E N T S
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EX-10.1
from 8-K
118 pages
Credit Agreement Dated as of December 9, 2015 Among Kansas City Southern as Borrower the Guarantors From Time to Time Party Hereto as Guarantors and the Lenders and Issuing Banks From Time to Time Party Hereto as Lenders and Issuing Banks and Bank of America, N.A. as Administrative Agent and Jpmorgan Chase Bank, N.A. and Citibank, N.A. as Co-Syndication Agents Merrill Lynch, Pierce, Fenner & Smith Incorporated, J.P. Morgan Securities LLC and Citigroup Global Markets Inc. as Joint Lead Arrangers and Joint Bookrunning Managers Kansas City Southern Credit Agreement T a B L E O F C O N T E N T S
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EX-10.1
from 8-K
69 pages
Credit Agreement Dated as of October 22, 2014 Among Kansas City Southern International Investments, S.A. as Borrower Kansas City Southern, as Parent the Guarantors Named Herein, as Guarantors and the Bank of Tokyo-Mitsubishi Ufj, Ltd., as the Lender
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EX-4.4.3
from S-4
15 pages
This Note Has Not Been Registered Under the Securities Act of 1933, as Amended (The “Securities Act”), and May Not Be Offered, Sold, Pledged or Otherwise Transferred Except in Accordance With the Following Sentence. by Its Acquisition Hereof or of a Beneficial Interest Herein, the Acquirer (1) Represents That: (A) It and Any Account for Which It Is Acting Is a “Qualified Institutional Buyer” (Within the Meaning of Rule 144a Under the Securities Act) and That It Exercises Sole Investment Discretion With Respect to Each Such Account, (B) It Is an Institutional “Accredited Investor” (Within the Meaning of Rule 501(a) (1), (2), (3) or (7) of Regulation D Under the Securities Act) or (C) It Is Not a U.S. Person and Is Outside the United States (Within the Meaning of Regulation S Under the Securities Act); and (2) Agrees for the Benefit of the Issuer That It Will Not Offer, Sell, Pledge or Otherwise Transfer This Note or Any Beneficial Interest Herein, Except in Accordance With the Securities Act and Any Applicable Securities Laws of Any State of the United States and Only (A) to Parent, the Issuer or Any of Its Subsidiaries, (B) Pursuant to a Registration Statement Which Has Become Effective Under the Securities Act, (C) to a Qualified Institutional Buyer in Compliance With Rule 144a Under the Securities Act,
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EX-4.4.2
from S-4
15 pages
This Note Has Not Been Registered Under the Securities Act of 1933, as Amended (The “Securities Act”), and May Not Be Offered, Sold, Pledged or Otherwise Transferred Except in Accordance With the Following Sentence. by Its Acquisition Hereof or of a Beneficial Interest Herein, the Acquirer (1) Represents That: (A) It and Any Account for Which It Is Acting Is a “Qualified Institutional Buyer” (Within the Meaning of Rule 144a Under the Securities Act) and That It Exercises Sole Investment Discretion With Respect to Each Such Account, (B) It Is an Institutional “Accredited Investor” (Within the Meaning of Rule 501(a) (1), (2), (3) or (7) of Regulation D Under the Securities Act) or (C) It Is Not a U.S. Person and Is Outside the United States (Within the Meaning of Regulation S Under the Securities Act); and (2) Agrees for the Benefit of the Issuer That It Will Not Offer, Sell, Pledge or Otherwise Transfer This Note or Any Beneficial Interest Herein, Except in Accordance With the Securities Act and Any Applicable Securities Laws of Any State of the United States and Only (A) to Parent, the Issuer or Any of Its Subsidiaries, (B) Pursuant to a Registration Statement Which Has Become Effective Under the Securities Act, (C) to a Qualified Institutional Buyer in Compliance With Rule 144a Under the Securities Act,
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EX-4.2.3
from S-4
15 pages
This Note Has Not Been Registered Under the Securities Act of 1933, as Amended (The “Securities Act”), and May Not Be Offered, Sold, Pledged or Otherwise Transferred Except in Accordance With the Following Sentence. by Its Acquisition Hereof or of a Beneficial Interest Herein, the Acquirer (1) Represents That: (A) It and Any Account for Which It Is Acting Is a “Qualified Institutional Buyer” (Within the Meaning of Rule 144a Under the Securities Act) and That It Exercises Sole Investment Discretion With Respect to Each Such Account, (B) It Is an Institutional “Accredited Investor” (Within the Meaning of Rule 501(a) (1), (2), (3) or (7) of Regulation D Under the Securities Act) or (C) It Is Not a U.S. Person and Is Outside the United States (Within the Meaning of Regulation S Under the Securities Act); and (2) Agrees for the Benefit of the Issuer That It Will Not Offer, Sell, Pledge or Otherwise Transfer This Note or Any Beneficial Interest Herein, Except in Accordance With the Securities Act and Any Applicable Securities Laws of Any State of the United States and Only (A) to Parent, the Issuer or Any of Its Subsidiaries, (B) Pursuant to a Registration Statement Which Has Become Effective Under the Securities Act, (C) to a Qualified Institutional Buyer in Compliance With Rule 144a Under the Securities Act,
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EX-4.2.2
from S-4
15 pages
This Note Has Not Been Registered Under the Securities Act of 1933, as Amended (The “Securities Act”), and May Not Be Offered, Sold, Pledged or Otherwise Transferred Except in Accordance With the Following Sentence. by Its Acquisition Hereof or of a Beneficial Interest Herein, the Acquirer (1) Represents That: (A) It and Any Account for Which It Is Acting Is a “Qualified Institutional Buyer” (Within the Meaning of Rule 144a Under the Securities Act) and That It Exercises Sole Investment Discretion With Respect to Each Such Account, (B) It Is an Institutional “Accredited Investor” (Within the Meaning of Rule 501(a) (1), (2), (3) or (7) of Regulation D Under the Securities Act) or (C) It Is Not a U.S. Person and Is Outside the United States (Within the Meaning of Regulation S Under the Securities Act); and (2) Agrees for the Benefit of the Issuer That It Will Not Offer, Sell, Pledge or Otherwise Transfer This Note or Any Beneficial Interest Herein, Except in Accordance With the Securities Act and Any Applicable Securities Laws of Any State of the United States and Only (A) to Parent, the Issuer or Any of Its Subsidiaries, (B) Pursuant to a Registration Statement Which Has Become Effective Under the Securities Act, (C) to a Qualified Institutional Buyer in Compliance With Rule 144a Under the Securities Act,
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EX-10.2
from 8-K
130 pages
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 Jpmorgan Chase Bank, N.A., as Administrative Agent and Collateral Agent for the Lenders
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EX-10.1
from 8-K
~20
pages
Amendment No. 1 and Additional Term Advance Agreement Dated as of February 24, 2012, Relating to the Amended and Restated Credit Agreement Dated as of July 12, 2011, Among the Kansas City Southern Railway Company, Kansas City Southern, the Guarantors Named Therein, the Lenders Party Thereto, the Issuing Bank and Swingline Bank Named Therein, the Bank of Nova Scotia, as Collateral Agent and Administrative Agent, Bank of America, N.A., as Syndication Agent, and Compass Bank Jpmorgan Chase Bank, N.A. and Morgan Stanley Bank, N.A. as Co-Documentation Agents J.P. Morgan Securities LLC Merrill Lynch, Pierce, Fenner & Smith Incorporated the Bank of Nova Scotia Citigroup Global Markets Inc. and Morgan Stanley Senior Funding, Inc. as Lead Arrangers J.P. Morgan Securities LLC Merrill Lynch, Pierce, Fenner & Smith Incorporated and Morgan Stanley Senior Funding, Inc. as Joint Bookrunners J.P. Morgan Securities LLC as Syndication Agent and the Bank of Nova Scotia Citibank, N.A. and Morgan Stanley Senior Funding, Inc. as Co-Documentation Agents
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EX-10.1
from 8-K
135 pages
Amended and Restated Credit Agreement Dated as of September 30, 2011, 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 Jpmorgan Chase Bank, N.A., as Administrative Agent and Collateral Agent for the Lenders
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EX-10.1
from 8-K
132 pages
$500,000,000 Amended and Restated Credit Agreement Dated as of July 12, 2011 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 Bank and Swing Line Bank Named Herein as Initial Lenders, Initial Issuing Bank and Swing Line Bank and the Bank of Nova Scotia as Collateral Agent and the Bank of Nova Scotia as Administrative Agent and Bank of America, N.A., as Syndication Agent and Compass Bank, Jpmorgan Chase Bank, N.A. and Morgan Stanley Bank, N.A. as Co-Documentation Agents Merrill Lynch, Pierce, Fenner & Smith Incorporated and the Bank of Nova Scotia as Joint Lead Arrangers and Joint Bookrunning Managers T a B L E O F C O N T E N T S
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EX-10.3
from 8-K
19 pages
Pledge Without Transfer of Possession Agreement (Contrato De Prenda Sin Transmisión De Posesión) Dated August 30, 2010 (This “Agreement”), Entered Into by and Among Kansas City Southern De México, S.A. De C.V. (“Kcsm”), Arrendadora Kcsm, S. De R.L. De C.V. (“Arrendadora”), Highstar Harbor Holdings Mexico, S. De R.L. De C.V. (“Hhh”), Mtc Puerta Mexico, S. De R.L. De C.V. (“Mtc”), and Vamos a México, S.A. De C.V. (“Vam” and Together With Kcsm, Arrendadora, Hhh and Mtc, the “Pledgors” and Each a “Pledgor”), and Scotiabank Inverlat, S.A., Institución De Banca Múltiple, Grupo Financiero Scotiabank Inverlat, as Collateral Agent, Acting on Its Own Behalf and on Behalf and for the Benefit of the Secured Parties (As Defined in the Credit Agreement Referred to Below), as Pledgee (In Such Capacity, the “Pledgee”), Including Their Successors and Assigns, Pursuant to the Following Recitals, Representations and Clauses
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EX-10.1
from 8-K
109 pages
Credit Agreement, Dated as of August 30, 2010, 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, Scotiabank Inverlat, S.A., Institución De Banca Múltiple, Grupo Financiero Scotiabank Inverlat, as Collateral Agent and the Bank of Nova Scotia, as the Administrative Agent for the Lenders. the Bank of Nova Scotia and Banc of America Securities LLC as Joint Lead Arrangers and Joint Bookrunners
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EX-10.43.3
from 10-K
14 pages
Amendment No. 3 and Waiver No. 2 to Credit Agreement Dated as of February 11, 2009 Among Kansas City Southern De México, S.A. De C.V., as Borrower, Arrendadora Kcsm, S. De R.L. De C.V., as Guarantor, Certain Lenders, and Bank of America, N.A., as Administrative Agent
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