(Mexico City, September 24, 2007). Grupo TMM, S.A.B. (NYSE: TMM and BMV: TMM A; “TMM”); a Mexican multimodal transportation and logistics company, announced today that it has reached a settlement with Kansas City Southern (“KCS”) in connection with the arbitration procedure instituted under the terms of the Amended and Restated Acquisition Agreement (“AAA”) dated December 15, 2004 between TMM and KCS. This settlement terminates any and all controversies under the AAA and its ancillary documents, and provides for mutual releases between the parties.
Under the terms of the settlement, KCS will pay TMM $54.1 million in cash and the obligations of KCS under the Indemnity Escrow Note and the Tax Escrow Note, which was payable in 2010, will terminate. In TMM’s financial statements, these Notes were presently valued at $91.7 million as they were registered at face value.
Javier Segovia, president of Grupo TMM, said, “We are pleased with this settlement as it will allow TMM to pay down financial obligations and increase its financial flexibility going forward. TMM’s management will now be able to focus all its efforts on its operations and growth to increase shareholder value”.
Headquartered in Mexico City, TMM is a Latin American multimodal transportation Company. Through its branch offices and network of subsidiary companies, TMM provides a dynamic combination of ocean and land transportation services. Visit TMM’s web site at www.grupotmm.com. The site offers Spanish/English language options.