Press release from Business Wire
KCS Announces Pricing of Senior Notes Offering
Wednesday, December 15, 2010
KCS Announces Pricing of Senior Notes Offering11:59 EST Wednesday, December 15, 2010
KANSAS CITY, Mo. (Business Wire) -- Kansas City Southern (“KCS”) (NYSE:KSU) announced today that its wholly
owned subsidiary, Kansas City Southern de México, S.A. de C.V. (“KCSM”),
has priced $185 million in aggregate principal amount of 6-5/8% Senior
Notes due 2020 (the “Senior Notes”) in a private offering that is exempt
from registration under the Securities Act of 1933, as amended (the
“Securities Act”). The offering is expected to close on December 20,
2010. KCSM intends to use the net proceeds from the offering, together
with cash on hand, to pay the consideration in a tender offer and
consent solicitation undertaken by KCSM in respect of its existing
7-5/8% Senior Notes due 2013, to pay the consideration in a tender offer
KCSM has undertaken with respect of its existing 12-1/2% Senior Notes
due 2016 and to pay the fees and expenses associated therewith.
The Senior Notes have not been and will not be registered under the
Securities Act, and may not be offered or sold in the United States
without registration under the Securities Act or pursuant to an
applicable exemption from such registration.
The Senior Notes have not been and will not be registered with the
Mexican National Securities Registry (Registro Nacional de Valores) maintained
by the Mexican National Banking and Securities Commission (Comision
Nacional Bancaria y de Valores), or CNBV, and may not be offered or
sold publicly, or otherwise be the subject of broker activities in
Mexico, except pursuant to a private placement exemption set forth under
Article 8 of the Mexican Securities Market Law (Ley del Mercado de
Valores).
This announcement does not constitute an offer to sell, or the
solicitation of offers to buy, any security and shall not constitute an
offer, solicitation or sale of any security in any jurisdiction in which
such offer, solicitation or sale would be unlawful.
This news release contains forward-looking statements that are not
based upon historical information. Readers can identify these
forward-looking statements by the use of such verbs as “expects,”
“anticipates,” “believes” or similar verbs or conjugations of such
verbs. Such forward-looking statements are based upon information
currently available to management and management's perception thereof as
of the date of this news release. However, such statements are dependent
on and, therefore, can be influenced by, a number of external variables
over which management has little or no control, including: domestic and
international economic conditions; interest rates; the business
environment in industries that produce and consume rail freight;
competition and consolidation within the transportation industry;
fluctuation in prices or availability of key materials, in particular
diesel fuel; labor difficulties, including strikes and work stoppages;
credit risk of customers and counterparties and their failure to meet
their financial obligation; the outcome of claims and litigation;
legislative and regulatory developments; political and economic
conditions in Mexico and the level of trade between the United States
and Mexico; changes in securities and capital markets; disruptions to
the Company's technology infrastructure, including its computer systems;
natural events such as severe weather, hurricanes and floods; acts of
terrorism or risk of terrorist activities; war or risk of war; and other
factors affecting the operation of the business of KCS and KCSM. More
detailed information about these factors may be found in filings by
Kansas City Southern and Kansas City Southern de México, S.A. de C.V.
with the Securities and Exchange Commission, including their most recent
Annual Reports on Form 10-K and subsequent Quarterly Reports on Form
10-Q. Forward-looking statements are not, and should not be relied upon
as, a guarantee of future performance or results, nor will they
necessarily prove to be accurate indications of the times at or by which
any such performance or results will be achieved. As a result, actual
outcomes and results may differ materially from those expressed in
forward-looking statements. KCS and KCSM are under no obligation to, and
expressly disclaim any such obligation to, update or alter their
forward-looking statements, whether as a result of new information,
future events or otherwise.Kansas City SouthernBill Galligan, 816-983-1551bgalligan@kcsouthern.com
