Common use of Additional Member Contributions Clause in Contracts

Additional Member Contributions. After the Closing Date, if any Person (other than any Member or any Affiliate of any Member) submits a challenge or appeal to either the STB or any court with jurisdiction regarding the STB’s review of the environmental impact of the formation and operation of the Company, or otherwise seeks additional environmental review and/or conditions on the formation or operation of the Company, notwithstanding any restrictions in any contract applicable to any Member (including the KCS Credit Agreement (as such term is defined in the Transaction Agreement)) to the contrary, each Member shall make an additional cash capital contribution to the Company to reimburse the Company for the costs incurred by it to (a) defend or settle such challenge or appeal and (b) implement all required remedial environmental measures. Each Member’s additional cash capital contribution shall be an amount equal to (y) the costs incurred by the Company with respect to items (a) and (b) in the foregoing sentence (including attorneys’ fees and expenses) multiplied by (z) such Member’s Percentage Interest at the time of such contribution.

Additional Member Contributions. After the Closing Date, if any Person (other than any Member or any Affiliate of any Member) submits a challenge or appeal to either the STB or any court with jurisdiction regarding the STB’s 's review of the environmental impact of the formation and operation of the Company, or otherwise seeks additional environmental review and/or conditions on the formation or operation of the Company, notwithstanding any restrictions in any contract applicable to any Member (including the KCS Credit Agreement (as such term is defined in the Transaction Agreement)) to the contrary, each Member shall make an additional cash capital contribution to the Company to reimburse the Company for the costs incurred by it to (a) defend or settle such challenge or appeal and (b) implement all required remedial environmental measures. Each Member’s 's additional cash capital contribution shall be an amount equal to (y) the costs incurred by the Company with respect to items (a) and (b) in the foregoing sentence (including attorneys’ ' fees and expenses) multiplied by (z) such Member’s 's Percentage Interest at the time of such contribution.