KCS, TFM, GTFM, and Grupo TMM Reach Settlement Agreement with Mexican Government Regarding VAT Refund Certificate and Put Obligation.KANSAS CITY, Mo. -- Kansas City Southern (KCS KCS keratoconjunctivitis sicca. )(NYSE NYSE See: New York Stock Exchange : KSU) announced that it and its subsidiaries TFM, S.A. de C.V. (TFM) and Grupo Transportacion Ferroviaria Mexicana, S.A. de C.V. (GTFM GTFM Generalized Tamed Frequency Modulation ), along with the Mexican holding company Grupo TMM TMM The ISO 4217 currency code for the Turkmenistan Manet. , S.A. (Grupo TMM), have entered into a settlement agreement with the Mexican government today, resolving the controversies and disputes between the companies and the Government concerning the payment of a value added tax value added tax n (BRIT) → impuesto sobre el valor aƱadido or agregado (LAM) value added tax n (Brit (VAT) refund to TFM and the purchase of the remaining shares of TFM owned by the Mexican government. As a result of the settlement, KCS and its subsidiaries now own 100% of GTFM and TFM shares; the potential obligation of KCS, GTFM, and Grupo TMM to acquire the Mexican government's remaining 20% ownership of TFM has been eliminated; and the legal obligation of the Mexican government to issue the VAT refund to TFM has been satisfied. Part of the value of the VAT refund was used to purchase the TFM shares and to cover taxes related to the settlement. There will be no cash payment made by any party under the settlement agreement. In addition, the parties entered into mutual releases of all existing and potential claims relating to the VAT refund and the Put obligation, and agreement to dismiss all of the existing litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. between the parties within the next three days. "We are very pleased with the settlement announced by the Mexican government today and believe it accomplishes all of the objectives that KCS had hoped to achieve in this negotiation" said Michael R. Haverty, Chairman, President and CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. of KCS. "This settlement brings closure to this dispute. It will be good for the Mexican government, the Mexican people and for KCS' shareholders. Now we can move forward with our ongoing capital investments in TFM, and focus on providing outstanding rail service along the NAFTA NAFTA in full North American Free Trade Agreement Trade pact signed by Canada, the U.S., and Mexico in 1992, which took effect in 1994. Inspired by the success of the European Community in reducing trade barriers among its members, NAFTA created the world's rail corridor." With this resolution of TFM's VAT claim, KCS will be required to make a contingent payment to Grupo TMM in accordance with the terms of the December 15, 2004, Amended and Restated Acquisition Agreement (ARAA). In accordance with the rules and regulations of the US Securities and Exchange Commission, KCS, GTFM and TFM will file a translation of the settlement agreement with a Form 8-K as a new material agreement. Headquartered in Kansas City, MO, KCS is a transportation holding company that has railroad investments in the U.S., Mexico and Panama. Its primary U.S. holdings include The Kansas City Southern Railway The Kansas City Southern Railway (AAR reporting marks KCS) is a United States-based Class I railroad operating over 3,130 track miles in 12 central and southeastern states. Founded in 1887, the railroad provides the shortest route from Kansas City to the Gulf of Mexico. Company and The Texas-Mexican Railway Company, serving the central and south central U.S. Its international holdings include TFM, S.A. de C.V., serving northeastern and central Mexico and the port cities of Lazaro Cardenas, Tampico and Veracruz, and a 50% interest in The Panama Canal Railway Company, providing ocean-to-ocean freight and passenger service along the Panama Canal. KCS' North American rail holdings and strategic alliances are primary components of a NAFTA Railway system, linking the commercial and industrial centers of the U.S., Canada and Mexico. |
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