FOURTH SUPPLEMENTAL INDENTUREFourth Supplemental Indenture • May 23rd, 2008 • Kansas City Southern • Railroads, line-haul operating • New York
FOURTH SUPPLEMENTAL INDENTURE (this “Fourth Supplemental Indenture”) dated as of May 21, 2008 (the “Effective Date”), between THE KANSAS CITY SOUTHERN RAILWAY COMPANY, a corporation duly organized and existing under the laws of the State of Missouri, and the successor by merger to each of Gateway Western Railway Company, KCS Transportation Company, Mid-South Microwave, Inc., and Rice-Carden Corporation (the “Company”), KANSAS CITY SOUTHERN (formerly known as Kansas City Southern Industries, Inc.) (the “Parent”), and GATEWAY EASTERN RAILWAY COMPANY, PABTEX I, L.P., SOUTHERN DEVELOPMENT COMPANY, SOUTHERN INDUSTRIAL SERVICES, INC., and TRANS-SERVE, INC. (together with the Parent, the “Note Guarantors”), and THE BANK OF NEW YORK TRUST COMPANY, N.A., a New York banking corporation, as trustee under the indenture referred to below (the “Trustee”).
