TFM, S.A. de C.V., AS ISSUER AND THE BANK OF NEW YORK, AS TRUSTEE, INDENTURE DATED AS OF JUNE 13, 2002 12.50% SENIOR NOTES DUE 2012Indenture • December 1st, 2006 • Kansas City Southern • Railroads, line-haul operating • New York
TFM, S.A. de C.V.Indenture • December 1st, 2006 • Kansas City Southern • Railroads, line-haul operating • New York
INDENTURE, dated as of June 16, 1997, among TFM. S.A. de C.V.. a variable capital company (sociedad anónima de capital variable) organized under the laws of Mexico, as Issuer (the “Company”), GRUPO TRANSPORTACION FERROVIARIA MEXICANA, S.A. de C.V., a corporation (sociedad anónima de capital variable) organized under the laws of Mexico, as Guarantor (the “Guarantor”). THE BANK OF NEW YORK, a New York banking corporation, as Trustee (the “Trustee”), and Bankers Trust Luxembourg S.A., as a Paying Agent.
KANSAS CITY SOUTHERN 1,494,469 Shares of Common Stock Underwriting AgreementLetter Agreement • December 1st, 2006 • Kansas City Southern • Railroads, line-haul operating • New York
Grupo TMM, S.A., a sociedad anonima organized under the laws of the United Mexican States and a stockholder (the “Selling Stockholder”) of Kansas City Southern, a Delaware corporation (the "Company”), proposes to sell to Morgan Stanley & Co. Incorporated (the “Underwriter”), an aggregate of 1,494,469 shares (the “Shares”) of common stock, par value $0.01 per share (the “Stock”), of the Company. The Stock, including the Shares, will have attached thereto rights (the “Rights”). The Rights are to be issued pursuant to a Rights Agreement (the “Rights Agreement”) dated as of September 29, 2005 between the Company and UMB Bank, n.a., as Rights Agent.
FIRST SUPPLEMENTAL INDENTUREFirst Supplemental Indenture • December 1st, 2006 • Kansas City Southern • Railroads, line-haul operating • New York
This First Supplemental Indenture (this “Supplemental Indenture”), dated as of May 21, 2002, among TFM, S.A. de C.V., a sociedad anonima de capital variable, organized under the laws of the United Mexican States, as Issuer (the “Company”), Grupo Transportacion Ferroviaria Mexicana, S.A. de C.V., a sociedad anonima de capital variable, organized under the laws of the United Mexican States, as Guarantor (the “Guarantor”), The Bank of New York, a New York banking corporation, as trustee under the indenture referred to below (in such capacity, the “Trustee”), and Deutsche Bank Luxembourg S.A., as the Paying Agent (the “Paying Agent”).
