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 22, 2003
KANSAS CITY SOUTHERN
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(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 5. OTHER EVENTS
On October 22, 2003, Kansas City Southern ("KCS" or "Company") announced that
Chancellor William B. Chandler III of the Court of Chancery of the State of
Delaware has, in a ruling from the bench, stated his intention to grant KCS'
motion seeking a preliminary injunction to preserve the status quo pending
resolution of KCS' dispute with Grupo TMM, S.A. ("TMM"), and its subsidiaries
TMM Holdings, S.A. de C.V. ("Holdings") and TMM Multimodal, S.A. de C.V.
("Multimodal"). 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 October 22, 2003 entitled, "Kansas
City Southern Announces Court to grant
Preliminary Injunction Against TMM," 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: October 23, 2003 By: /S/ LOUIS G. VAN HORN
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Louis G. Van Horn
Vice President and Comptroller
(Principal Accounting Officer)
EXHIBIT 99.1
DATE: OCTOBER 22, 2003
CONTACT: William H. Galligan Phone: 816/983-1551
william.h.galligan@kcsr.com
KANSAS CITY SOUTHERN ANNOUNCES
COURT TO GRANT PRELIMINARY INJUNCTION
AGAINST TMM
Kansas City Southern (KCS)(NYSE: KSU) announced this afternoon that
Chancellor William B. Chandler III of the Court of Chancery of the State of
Delaware has, in a ruling from the bench, stated his intention to grant
KCS' motion seeking a preliminary injunction to preserve the status quo
pending resolution of KCS' dispute with Grupo TMM, S.A. ("TMM"), and its
subsidiaries TMM Holdings, S.A. de C.V. ("Holdings") and TMM Multimodal,
S.A. de C.V. ("Multimodal"). In his ruling, Chancellor Chandler stated that
he would issue a written order enjoining TMM, Holdings and Multimodal from
taking any action in violation of the terms of the April 20, 2003
Acquisition Agreement pending resolution of the dispute between KCS, TMM,
Holdings and Multimodal in accordance with the terms of the dispute
resolution procedures set forth in the Acquisition Agreement. KCS expects
the written ruling to be issued by the Court within the next few days. In
accordance with the terms of the Acquisition Agreement, KCS will initiate
arbitration to resolve the dispute as soon as possible following the
expiration of the 60-day informal negotiation period called for under the
Acquisition Agreement. That period commenced on August 29, 2003 with KCS'
delivery of its notice of dispute to TMM, Holdings and Multimodal. The
arbitration will be held in New York, New York and will be governed by
Delaware law and the rules of the American Arbitration Association.
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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