-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, LmmvuUVhC7L5ITUgB+mNSLyzyEGD96iqnNgTDaD4WpW+kBzNnLxvUt8YOqDqz8Cp vmgmbCTrkU2gZHkp85MzTA== 0001013816-04-000243.txt : 20040323 0001013816-04-000243.hdr.sgml : 20040323 20040323150853 ACCESSION NUMBER: 0001013816-04-000243 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040322 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20040323 FILER: COMPANY DATA: COMPANY CONFORMED NAME: KANSAS CITY SOUTHERN CENTRAL INDEX KEY: 0000054480 STANDARD INDUSTRIAL CLASSIFICATION: RAILROADS, LINE-HAUL OPERATING [4011] IRS NUMBER: 440663509 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-04717 FILM NUMBER: 04684894 BUSINESS ADDRESS: STREET 1: 427 WEST 12TH STREET CITY: KANSAS CITY STATE: MO ZIP: 64105 BUSINESS PHONE: 8169831303 MAIL ADDRESS: STREET 1: 427 WEST 12TH STREET CITY: KANSAS CITY STATE: MO ZIP: 64105 FORMER COMPANY: FORMER CONFORMED NAME: KANSAS CITY SOUTHERN INDUSTRIES INC DATE OF NAME CHANGE: 19920703 8-K 1 form8k_32304.txt FORM 8-K 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): MARCH 22, 2004 KANSAS CITY SOUTHERN -------------------- (Exact name of company as specified in its charter) DELAWARE 1-4717 44-0663509 - ---------------------------- ------------------------ ---------------------- (State or other jurisdiction (Commission file number) (IRS Employer of incorporation) Identification Number) 427 WEST 12TH STREET, KANSAS CITY, MISSOURI 64105 ------------------------------------------------- (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 5. OTHER EVENTS On March 22, 2004, Kansas City Southern ("KCS" or "Company") announced that the panel of the AAA International Centre for Dispute Resolution hearing the dispute between KCS and Grupo TMM, S.A. ("TMM") issued its interim award on March 19, 2004 finding that the Grupo Transportation Ferroviaria Mexicana, S.A.de C.V. ("Grupo TFM") Acquisition Agreement remains in force and is binding on KCS and TMM in accordance with its terms. Under the Acquisition Agreement, KCS would acquire all of the common shares of Grupo TFM. Grupo TFM owns all of the common stock of TFM, S.A. de C.V. See the Press Release attached hereto as Exhibit 99.1 for further information. ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS (c) Exhibits EXHIBIT NO. DOCUMENT (99) Additional Exhibits 99.1 Press Release issued by Kansas City Southern dated March 22, 2004 entitled, "Arbitration Panel Rules in Favor of Kansas City Southern Finding Agreement to Acquire Grupo TFM Still in Force," is attached hereto as Exhibit 99.1 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: March 23, 2004 By: /s/ Ronald G. Russ ----------------------------------------- Ronald G. Russ Executive Vice President and Chief Financial Officer EX-99 3 form8k_32304ex991.txt EXH. 99.1 PRESS RELEASE EXHIBIT 99.1 PRESS RELEASE [Graphic Omitted] DATE: MARCH 22, 2004 CONTACT: Warren K. Erdman Phone: 816/983-1454 WARREN.K.ERDMAN@KCSR.COM ARBITRATION PANEL RULES IN FAVOR OF KANSAS CITY SOUTHERN FINDING AGREEMENT TO ACQUIRE GRUPO TFM STILL IN FORCE Kansas City, MO: Kansas City Southern (KCS; NYSE: KSU) announced today that the panel of the AAA International Centre for Dispute Resolution hearing the dispute between KCS and Grupo TMM, S.A. (TMM) issued its interim award on March 19, 2004 finding that the Grupo Transportacion Ferroviaria Mexicana, S.A. de C.V. (Grupo TFM) Acquisition Agreement remains in force and is binding on KCS and TMM in accordance with its terms. Under the Acquisition Agreement, KCS would acquire all of the common shares of Grupo TFM. Grupo TFM owns all of the common stock of TFM, S.A. de C.V., Mexico's premier freight railroad. The dispute arose out of TMM's attempt on August 22, 2003 to terminate the Acquisition Agreement following the vote of its shareholders' against approval of the April 20, 2003 Acquisition Agreement. The arbitration panel concluded that the rejection of the Acquisition Agreement by TMM's shareholders did not authorize TMM's purported termination of the Agreement. KCS and TMM will now move on to the second phase of the arbitration, which will decide the remaining issues, including KCS's remedies and damages. 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. # # # -----END PRIVACY-ENHANCED MESSAGE-----