October 3, 2008 3G Capital Partners Ltd. 800 Third Avenue, 31st Floor New York, New York 10022 Attention: Alexandre BehringChildrens Investment Fund Management (UK) LLP • October 6th, 2008 • Railroads, line-haul operating
The purpose of this letter agreement is to confirm the agreement between The Children’s Investment Fund Management (UK) LLP (“TCI Management”) and 3G Capital Partners Ltd. (“3G Capital Partners” and, together with TCI Management, the “Parties”) to coordinate and share certain expenses relating to our litigation involving CSX Corporation. This letter shall take effect on October 3, 2008. Capitalized terms used but not defined herein have the meanings given to them in letter agreement dated December 12, 2007 and filed by the Parties as Exhibit 4 to the Schedule 13D filed with the Securities Exchange Commission on December 12, 2007 (such letter agreement, the “Group Agreement”).
