UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO TENDER OFFER STATEMENT UNDER SECTION 14(d)(1) OR 13(e)(1) OF THE SECURITIES EXCHANGE ACT OF 1934 -------------- MAGNA ENTERTAINMENT CORP. (Name of Subject Company) MI DEVELOPMENTS INC. (Name of Filing Person -- Offeror) CLASS A SUBORDINATE VOTING STOCK, PAR VALUE $0.01 PER SHARE (Title of Class of Securities) 559211 10 7 (CUSIP Number of Class of Securities) Edward C. Hannah MI Developments Inc. 337 Magna Drive Aurora, Ontario L4G 7K1 (905) 713-6322 -Copies to- Scott M. Freeman Sidley Austin Brown & Wood LLP 787 Seventh Avenue New York, NY 10019 (212) 839-5300 ---------------- (Name, address and telephone number of person authorized to receive notices and communications on behalf of filing persons) [X] Check the box if the filing relates solely to preliminary communications made before the commencement of a tender offer. Check the appropriate boxes below to designate any transactions to which the statement relates: [X] third-party tender offer subject to Rule 14d-1. [ ] issuer tender offer subject to Rule 13e-4. [X] going-private transaction subject to Rule 13e-3. [ ] amendment to Schedule 13D under Rule 13d-2. Check the following box if the filing is a final amendment reporting the results of the tender offer: [ ] This Tender Offer Statement on Schedule TO is filed by MI Developments Inc., an Ontario, Canada corporation ("MID"). ITEM 11 Additional Information - ------- ---------------------- MID filed a press release on September 16, 2004, a copy of which is incorporated herein by reference as Exhibit (a)(5)(I), announcing its decision not to proceed with its proposed offer to acquire all of the outstanding shares of Class A Subordinate Voting Stock of Magna Entertainment Corp. ITEM 12 Exhibits - ------- -------- (a)(5)(I) Press Release of MID dated September 16, 2004 (incorporated by reference to Exhibit 99 to MID's Form 6-K filed on September 16, 2004). EXHIBIT INDEX EXHIBIT NUMBER DESCRIPTION - ------ ----------- (a)(5)(I) Press Release of MID dated September 16, 2004 (incorporated by reference to Exhibit 99 to MID's Form 6-K filed on Peptember 16, 2004). S