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KSU > SEC Filings for KSU > Form 8-K on 2-Jun-2009All Recent SEC Filings

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Form 8-K for KANSAS CITY SOUTHERN


2-Jun-2009

Change in Directors or Principal Officers, Financial Statements and Exhibits


Item 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.

(e)

On May 29, 2009, Kansas City Southern de Mexico, S.A. de C.V. ("KCSM"), a wholly-owned subsidiary of Kansas City Southern ("KCS"), entered into an amendment dated May 27, 2009, to the employment agreement (the "Amendment ") of Jose Guillermo Zozaya Delano, the President and Executive Representative of
KCSM.

Pursuant to the terms of the Amendment, if, during the two (2) years following a "Change in Shareholder Control" (as defined in the English translation of the Amendment), Mr. Zozaya's employment is terminated by KCSM other than for "Just Cause" (as defined in the in the English translation of the Amendment) or by Mr. Zozaya for "Unjust Cause" (as defined in the in the English translation of the Amendment), (a) Mr. Zozaya will be eligible to receive, in addition to any other severance benefits for which he is eligible under Mexican law, a lump sum payment equal to the product of (i) the rate of his annual base salary as of the date of termination, multiplied by (ii) two, and less (iii) the aggregate amount of other severance payments for which he is eligible under Mexican law, (b) any unvested or unexercisable equity awards shall become immediately vested or exercisable, as applicable, and (c) Mr. Zozaya will have the opportunity to purchase the executive vehicle assigned to him at the time, in accordance with KCSM's vehicle policy. In addition, KCSM will transfer the right to Mr. Zozaya to use the telephone number corresponding to the cellular telephone assigned to him by KCSM.

The foregoing discussion of Mr. Zozaya's Amendment is qualified in its entirety by the terms of the Amendment, an English translation of which is filed herewith as Exhibit 10.1, and incorporated by reference herein



Item 9.01 Financial Statements and Exhibits.

Exhibit 10.1. English translation of Amendment Agreement to the Individual Indefinite Employment Contract of April 20, 2006, dated May 27, 2009, between KCSM and Jose Guillermo Zozaya Delano is attached hereto as Exhibit 10.1.


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