SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported):
OCTOBER 8, 2003
KANSAS CITY SOUTHERN
(Exact name of company as specified in its charter)
DELAWARE 1-4717 44-0663509
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(State or other jurisdiction (Commission file number) (IRS Employer
of incorporation) Identification Number)
427 WEST 12TH STREET, KANSAS CITY, MISSOURI 64105
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(Address of principal executive offices) (Zip Code)
COMPANY'S TELEPHONE NUMBER, INCLUDING AREA CODE:
(816) 983 - 1303
NOT APPLICABLE
(Former name or former address if changed since last report)
ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS
(c) Exhibits
EXHIBIT NO. DOCUMENT
(99) Additional Exhibits
99.1 Press Release issued
by Kansas City
Southern dated October
8, 2003 entitled, "KCS
Comments on STB
Decision Suspending
Control Application
Proceeding," is
attached hereto as
Exhibit 99.1
ITEM 9. REGULATION FD DISCLOSURE
Kansas City Southern ("KCS" or "Company") is furnishing under Item 9 of this
Current Report on Form 8-K the information included as Exhibit 99.1 to this
report. Exhibit 99.1 is the KCS news release, dated October 8, 2003, announcing
that it accepts the decision of the Surface Transportation Board ("STB") to
suspend the procedural schedule involving KCS' request to gain regulatory
approval of the control of The Texas Mexican Railway Company ("Tex Mex"), a
wholly owned subsidiary of Mexrail, Inc ("Mexrail"). In its decision, the STB
stated that "The board will reinstate the procedural schedule at such time as
KCS demonstrates that there is reasonable likelihood that it will be able to
acquire control of Tex Mex."
The information included in this Current Report on Form 8-K, including Exhibit
99.1, is furnished pursuant to Item 9 and shall not be deemed to be "filed" for
the purposes of Section 18 of the Securities Exchange Act of 1934 or otherwise
subject to the liabilities of that Section.
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the Company
has duly caused this Report to be signed on its behalf by the undersigned
hereunto duly authorized.
Kansas City Southern
Date: October 9, 2003 By: /S/ LOUIS G. VAN HORN
----------------------------------
Louis G. Van Horn
Vice President and Comptroller
(Principal Accounting Officer)
EXHIBIT 99.1
KANSAS CITY SOUTHERN PRESS RELEASE
Cathedral Square - 427 West 12TH Street - P.O. Box 219335
Kansas City, Missouri 64121-9335 NYSE SYMBOL: KSU
DATE: October 8, 2003
MEDIA CONTACT: William H. Galligan Phone: 816/983-1551
william.h.galligan@kcsr.com
KCS COMMENTS ON STB DECISION SUSPENDING CONTROL APPLICATION PROCEEDING
Kansas City Southern (KCS)(NYSE: KSU) today stated that it accepts the decision
of the Surface Transportation Board (STB) to suspend the procedural schedule
involving KCS' request to gain regulatory approval of the control of The Texas
Mexican Railway Company (Tex Mex), a wholly owned subsidiary of Mexrail, Inc
(Mexrail). In its decision, the STB stated that "The board will reinstate the
procedural schedule at such time as KCS demonstrates that there is a reasonable
likelihood that it will be able to acquire control of Tex Mex."
Michael R. Haverty, KCS chairman, president and chief executive officer, stated,
"We accept the STB's decision. It is a reasonable course for the STB to take
given the circumstances. It is fair and equitable to KCS and all other
interested parties. KCS looks forward to returning to the STB to complete the
Tex Mex transaction at a future date."
On May 9, 2003, KCS announced that it had purchased 51% of Mexrail from TFM,
S.A. de C.V. (TFM) and immediately had placed the stock into an Independent
Voting Trust as it sought regulatory approval to control Mexrail's subsidiary,
Tex Mex. On September 30, 2003, TFM exercised its right under the acquisition
agreement to repurchase from KCS the 51% of Mexrail stock. KCS will continue to
have indirect ownership of Mexrail through its 37% ownership of TFM.
KCS is a transportation holding company that has railroad investments in the
United States, Mexico and Panama. Its primary holding is The Kansas City
Southern Railway Company (KCSR). Headquartered in Kansas City, Missouri, KCSR
serves customers in the central and south central regions of the U.S. KCS' rail
holdings and investments are primary components of a NAFTA Railway system that
links the commercial and industrial centers of the United States, Canada and
Mexico.
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