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 7, 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)
Registrant's telephone number, including area code:
(816) 983 - 1303
Not Applicable
(Former name or former address if changed since last report)
Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions:
[ ] Written communications pursuant to Rule 425 under the Securities Act
(17 CFR 230.425)
[X] Soliciting material pursuant to Rule 14a-12 under the Exchange Act
(17 CFR 240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR 240.13e-4(c))
Kansas City Southern ("KCS", "the Company"), is filing, pursuant to Rule 14a-12,
the information set forth below in press releases dated October 7, 2004.
Although we do not believe this is soliciting material under Rule 14a-12, we are
disclosing this information in an abundance of caution.
Item 7.01 Regulation FD Disclosure
KCS is furnishing under Item 7.01 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 7, 2004, announcing the date, time and other
relevant information regarding the Company's third quarter presentation and
conference call of its financial results for the three and nine month periods
ended September 30, 2004.
The information included in this Current Report on Form 8-K, including Exhibit
99.1 is furnished pursuant to Item 7.01 and shall not be deemed to be "filed"
for the purpose of Section 18 of the Securities Exchange Act of 1934 or
otherwise subject to the liabilities of that Section.
Item 8.01 Other Events
KCS is filing under Item 8.01 of this Current Report on Form 8-K the information
included as Exhibit 99.2 to this report. Exhibit 99.2 is the joint KCS/Grupo
TMM, S.A. ("TMM") news release, dated October 7, 2004, announcing that KCS was
notified by the Mexican Federal Competition Commission ("FCC") that the FCC had
extended KCS' authority to purchase TMM's interest in TFM, S.A. de C.V. for an
additional 180 days.
Item 9.01. Financial Statements and Exhibits
(c) Exhibits
Exhibit No. Document
(99) Additional Exhibits
99.1 Press Release issued by Kansas City
Southern dated October 7, 2004 entitled
"Kansas City Southern Announces Third
Quarter 2004 Earnings Release Date,
Conference Call," is attached hereto as
Exhibit 99.1.
99.2 Press Release issued by Kansas City
Southern and TMM dated October 7, 2004
entitled "Mexican Competition Commission
Grants KCS Extension of Ruling Authorizing
KCS Purchase of Grupo TMM Interest in TFM"
is attached hereto as Exhibit 99.2.
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
Kansas City Southern
Date: October 8, 2004 By: /s/ James S. Brook
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James S. Brook
Vice President and Comptroller
(Principal Accounting Officer)