KCS Announces Tender Offer and Consent Solicitation
Kansas City Southern (NYSE: KSU) announced today that its wholly-owned subsidiary, The Kansas City Southern Railway Company, a Missouri corporation, has commenced a cash tender offer for all of its $275.0 million outstanding aggregate principal amount of 8.0% Senior Notes due 2015 (CUSIP No. 485188AG1) (the “Notes”) and a consent solicitation to amend the related indenture to eliminate substantially all of the restrictive covenants contained therein (collectively, the “Offer”). The terms and conditions of the Offer are set forth in the Offer to Purchase and Related Solicitation of Consents dated January 25, 2012.
The solicitation of consents in connection with the Offer will expire at 5:00 p.m., New York City time, on February 7, 2012, unless extended. The Offer will expire at 5:00 p.m., New York City time, on February 23, 2012, unless extended.
The Offer is subject to customary conditions, including, among others, the receipt of consents from the holders of at least a majority in aggregate principal amount of the Notes outstanding and a financing condition (the “Financing Condition”) that the Company consummates a debt financing transaction on terms and conditions acceptable to the Company, in its sole discretion.
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