Conrail, CSXT and NSR Commence Exchange Offer and Unsecured and Secured Debt Consent Solicitations
July 26 2004 - 7:07PM
PR Newswire (US)
Conrail, CSXT and NSR Commence Exchange Offer and Unsecured and
Secured Debt Consent Solicitations WASHINGTON, July 26
/PRNewswire-FirstCall/ -- Consolidated Rail Corporation (Conrail),
CSX Transportation, Inc. (CSXT) and Norfolk Southern Railway
Company (NSR) today announced that they are commencing an offer to
exchange new unsecured debt securities of CSXT and NSR and cash for
existing unsecured debt securities of Conrail. The exchange offer
is part of the restructuring of Conrail's indebtedness as described
in the parties' joint petition filed June 4, 2003 with the Surface
Transportation Board (STB). In connection with the exchange offer,
Conrail also is soliciting consents from holders of its unsecured
debt securities to permit the restructuring. The exchange offer and
unsecured debt consent solicitation will expire at 5 p.m., New York
City time, on August 23, 2004, unless extended. Under the terms of
the exchange offer and unsecured debt consent solicitation, each of
Conrail's 9 3/4% Debentures due June 15, 2020 (currently $550
million outstanding) and 7 7/8% Debentures due May 15, 2043
(currently $250 million outstanding) tendered and accepted for
exchange will be exchanged for new unsecured debt obligations of
NSR and CSXT, each in proportion to their respective 58% and 42%
ownership interests in Conrail, and a cash payment. Holders of
Conrail's Debentures who validly tender their debentures in the
exchange offer and consent solicitation will be entitled to a cash
payment based on each $1,000 principal amount of Debentures. The
unsecured debt securities offered in the exchange offer and consent
solicitation will have economic terms, such as currency, interest
rate and interest payment and maturity dates, substantially
identical to those of the existing Conrail unsecured debt
securities, other than the timing of the first interest payment.
The new unsecured debt obligations of CSXT and NSR will have
covenants and events of default substantially similar to those
contained in existing indentures of CSX Corporation (CSX) and
Norfolk Southern Corp. (NSC), respectively. Conrail today also
began soliciting consents relating to its outstanding equipment
trust certificates and pass through trust certificates. Holders of
these certificates are being asked to consent to certain proposed
amendments to the agreements under which the certificates were
issued. The proposed amendments would expressly permit Conrail to,
among other things, transfer its 100% ownership interest in New
York Central Lines LLC to CSXT and its 100% ownership interest in
Pennsylvania Lines LLC to NSR. The secured debt consent
solicitation will expire at 5 p.m., New York City time, on August
23, 2004, unless extended. Subject to certain conditions, including
receipt of the requisite consents, Conrail will pay a consent fee
to holders of record as of July 22, 2004, who have delivered and
not revoked valid consents to the proposed amendments. The consent
fees are based on each $1,000 principal amount of certificates.
Morgan Stanley & Co. Incorporated is the dealer manager for the
exchange offer and unsecured debt consent solicitation and is the
solicitation agent for the secured debt consent solicitation. CSX,
based in Jacksonville, Fla., owns the largest rail network in the
eastern United States. CSXT and its 34,000 employees provide rail
transportation services over a 23,000 route-mile network in 23
states, the District of Columbia and two Canadian provinces. CSX
also provides intermodal and global container terminal operations
through other subsidiaries. NSC through its NSR subsidiary operates
21,500 route miles in 22 states, the District of Columbia and
Ontario, serving every major container port in the eastern United
States and providing connections to western rail carriers. NSC
operates an extensive intermodal network and is the nation's
largest rail carrier of automotive parts and finished vehicles.
Conrail is a principal freight railroad in the Northeastern United
States, and is indirectly owned 58% by NSC and 42% by CSX. This
press release contains forward-looking statements which speak only
as of the date they are made, and none of CSX, NSC, Conrail, or any
of their respective subsidiaries undertakes any obligation to
update or revise any forward-looking statement. If CSX, NSC or
Conrail do update any forward- looking statement, no inference
should be drawn that CSX, NSC or Conrail will make additional
updates with respect to that statement or any other forward-
looking statements. Forward-looking statements are subject to a
number of risks and uncertainties, and other factors which are, in
some cases, beyond the control of CSX, NSC and Conrail and could
materially affect actual results, performance or achievements.
Factors that may cause actual results to differ materially from
those contemplated by these forward-looking statements include,
among others: (i) success in implementing its financial and
operational initiatives; (ii) changes in domestic or international
economic or business conditions, including those affecting the rail
industry (such as the impact of industry competition, conditions,
performance and consolidation); (iii) legislative or regulatory
changes; and (iv) the outcome of claims and litigation involving or
affecting a company. Other important assumptions and factors that
could cause actual results to differ materially from those in the
forward-looking statements made by each of NSC and CSX are
specified elsewhere in NSC's and CSX's respective documents filed
with the SEC. Documents filed with the SEC by CSX and NSC are
accessible on the SEC's website at http://www.sec.gov/, CSX's
website at http://www.csx.com/ and NSC's website at
http://www.nscorp.com/. Registration statements relating to the new
CSXT and NSR unsecured debt securities have been filed with the SEC
and were declared effective on July 26, 2004. This press release
shall not constitute an offer to sell or the solicitation of an
offer to buy nor shall there be any sale of these securities in any
State in which such offer, solicitation or sale would be unlawful
prior to registration or qualification under the securities laws of
any such State. ADDITIONAL INFORMATION AND WHERE TO FIND IT
Prospectus and unsecured consent solicitation statements and
related exchange offer and secured debt consent solicitation
materials will be mailed to holders of Conrail's unsecured
debentures, equipment trust certificates and pass through trust
certificates, as the case may be, in connection with the proposed
exchange offer and unsecured and secured debt consent
solicitations. These documents will contain important information
about the proposed transaction and the proposed exchange offer and
consent solicitations. INVESTORS AND HOLDERS OF CONRAIL'S UNSECURED
DEBENTURES, EQUIPMENT TRUST CERTIFICATES AND PASS THROUGH TRUST
CERTIFICATES, AS THE CASE MAY BE, ARE URGED TO READ THESE DOCUMENTS
CAREFULLY WHEN THEY BECOME AVAILABLE. Investors and holders of
Conrail's unsecured debentures will be able to obtain free copies
of documents related to the exchange offer through the website
maintained by the SEC at http://www.sec.gov/. In addition, free
copies of any of these documents may be obtained from Conrail by
directing a request to: Consolidated Rail Corporation, 2001 Market
Street, Philadelphia, PA 19103, Attention: Corporate Secretary,
(215) 209-5020. In addition to the registration statements and
prospectuses, CSX and NSC file annual, quarterly and special
reports, proxy statements and other information with the SEC. These
SEC filings are available to the public through the website
maintained by the SEC at http://www.sec.gov/. A written prospectus
meeting the requirements of Section 10 of the Securities Act of
1933, in connection with the exchange offer, may also be obtained
from: Innisfree M&A Incorporated, 501 Madison Avenue, 20th
Floor, New York, New York 10022, phone number: (212) 750-5833.
DATASOURCE: Norfolk Southern Corporation CONTACT: Adam
Hollingsworth of CSX Corp., +1-904-366-2949; Bob Fort of Norfolk
Southern Corp., +1-757-629-2710, for Media inquiries; Leanne
Marilley of Norfolk Southern Corp., +1-757-629-2861, for Investor
inquiries; or Jonathan M. Broder of Consolidated Rail Corp.,
+1-215-209-5020 Web site: http://www.nscorp.com/
http://www.csx.com/ Company News On-Call:
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