Attached files
file | filename |
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8-K - FORM 8-K - Kansas City Southern de Mexico, S.A. de C.V. | c55870e8vk.htm |
EX-4.1 - EX-4.1 - Kansas City Southern de Mexico, S.A. de C.V. | c55870exv4w1.htm |
EX-4.2 - EX-4.2 - Kansas City Southern de Mexico, S.A. de C.V. | c55870exv4w2.htm |
Exhibit 99.1
Media Contact: William H. Galligan, 816-983-1551, William.h.galligan@kcsr.com
KCS Announces Acceptance and Payment for Early Tender from Holders of KCSMs
9.375% Senior Notes Due 2012
9.375% Senior Notes Due 2012
Kansas City, Missouri, January 22, 2010 Kansas City Southern (KCS) (NYSE: KSU)
announced today that its wholly-owned subsidiary, Kansas City Southern de México, S.A.
de C.V. (the Company) has accepted for purchase tenders of $290 million aggregate
principal amount of its 9.375% Senior Notes due 2012 (CUSIP Nos. 872402AK8) (ISIN Nos.
US872402AK85) (the 2012 Notes). The 2012 Notes accepted for purchase were tendered at
or prior to 5:00 p.m. New York City time, Thursday, January 21, 2010 (the Early Tender
Time), pursuant to the Companys previously-announced tender offer for the 2012 Notes.
The terms and conditions of the tender offer are set forth in the Companys Offer to
Purchase dated as of January 7, 2010 (the Offer to Purchase).
As previously announced in the press release on January 7, 2010, the tender offer will
expire at midnight, New York City time, on February 4, 2010, unless extended (the
Expiration Time). Since the $290.0 million tender cap set forth in the Offer to
Purchase has been reached by the Early Tender Time, the Company has elected to exercise
its option to not accept any additional tenders from holders of the 2012 Notes during
the period remaining until the Expiration Time, as described in the Offer to Purchase.
Approximately $423 million aggregate principal amount of 2012 Notes were validly
tendered at or prior to the Early Tender Time. As set forth in the Offer to Purchase,
the Company will accept for purchase only such portion of each holders validly
tendered 2012 Notes such that the aggregate principal amount of 2012 Notes purchased in
connection with the tender offer does not exceed $290 million (68.591% proration factor
rounded down to the nearest thousand). Pursuant to the Offer to Purchase, tendered
2012 Notes may not be withdrawn. All 2012 Notes tendered but not accepted for purchase
will be promptly returned to tendering holders.
Holders whose 2012 Notes have been accepted for purchase pursuant to the tender offer
will be entitled to receive $1,041.25, payable in cash, for each $1,000.00 principal
amount of 2012 Notes accepted for purchase, as well as accrued and unpaid interest to,
but not including, the settlement date. The Company plans to settle payment for the
2012 Notes accepted for purchase on January 22, 2010.
The Company has engaged Banc of America Securities LLC as the Dealer Manager for the
tender offer. Persons with questions regarding the tender offer should contact Banc of
America Securities LLC Debt Advisory Services at (888) 292-0070 (U.S. toll-free) or at
(980) 388-9217. Requests for copies of the Offer to Purchase and any other documents
should be directed to D.F. King & Co., Inc., the Information Agent for the tender
offer, at (800) 659-5550 (U.S. toll-free) or (212) 269-5550.
This press release is for informational purposes only and is not an offer to purchase
or a solicitation of an offer to purchase any of the 2012 Notes. The tender offer is
being made solely pursuant to the terms and conditions described in the Offer to
Purchase.
Headquartered in Kansas City, MO., KCS is a transportation holding company that has
railroad investments in the U.S., Mexico and Panama. Its primary U.S. holding is The
Kansas City Southern Railway Company, serving the central and south central U.S. Its
international holdings include Kansas City Southern de Mexico, S.A. de C.V., serving
northeastern and central Mexico and the port cities of Lázaro Cárdenas, Tampico and
Veracruz, and a 50 percent interest in Panama Canal Railway Company, providing
ocean-to-ocean freight and passenger service along the Panama Canal. KCS North
American rail holdings and strategic alliances are primary components of a NAFTA
Railway system, linking the commercial and industrial centers of the U.S., Mexico and
Canada.
This press release may include statements concerning potential future events involving
KCS and its subsidiaries, which could materially differ from the events that actually
occur. The differences could be caused by a number of factors including those factors
identified in the Risk Factors and the Cautionary Information sections of KCS Form
10-K for the most recently ended fiscal year, filed by KCS with the Securities and
Exchange Commission (SEC) (Commission file no. 1-04717). KCS will not update any
forward-looking statements in this press release to reflect future events or
developments.
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