STB approves appointment of Ronald L. Batory as KCS Voting Trustee

Rhea-AI Summary

On March 4, 2023, Canadian Pacific (TSX: CP) announced that the U.S. Surface Transportation Board has approved Ronald L. Batory as the Voting Trustee of the CP-Kansas City Southern (KCS) Voting Trust, following the death of David Starling. Batory, with over 45 years in the railroad industry, will serve until CP gains control of KCS. The current Voting Trust keeps CP and KCS as separate entities. This leadership change comes amid ongoing strategic efforts related to the CP-KCS transaction, which aims to enhance operational synergies and growth prospects in the North American rail sector.

Positive

• Appointment of Ronald L. Batory brings over 45 years of railroad experience.
• Leadership change may strengthen management during CP-KCS transaction.

Negative

• Concerns about continuity after the passing of David Starling.
• Possible experience gap in management due to leadership transition.

CALGARY, AB, March 4, 2023 /PRNewswire/ - Canadian Pacific (TSX: CP) (NYSE: CP) ("CP") today said the U.S. Surface Transportation Board ("STB") has approved the appointment of former U.S. Federal Railroad Administration ("FRA") Administrator Ronald L. Batory as the Trustee of the CP-Kansas City Southern ("KCS") Voting Trust, following the death of David Starling.

With the STB's approval Friday, Mr. Batory's appointment has become effective immediately and he will serve as the Voting Trustee until CP exercises control of KCS with the authorization of the STB. While the Voting Trust is in place, CP and KCS continue to operate as separate companies. 

Mr. Batory has more than 45 years of experience in the railroad industry including time as president of the Belt Railway of Chicago and president and chief operating officer of Consolidated Rail Corporation. From 2018 to 2021, Mr. Batory served as FRA administrator.

Forward looking information
This news release contains certain forward looking statements and forward looking information (collectively, "FLI") to provide CP shareholders and potential investors with information about CP, KCS and their respective subsidiaries and affiliates, which FLI may not be appropriate for other purposes. FLI is typically identified by words such as "anticipate", "expect", "project", "estimate", "forecast", "plan", "intend", "will", "target", "believe", "likely" and similar words suggesting future outcomes or statements regarding an outlook. All statements other than statements of historical fact may be FLI.

Although we believe that FLI is reasonable based on the information available today and processes used to prepare it, such statements are not guarantees of future performance and you are cautioned against placing undue reliance on FLI. By its nature, FLI involves a variety of assumptions, which are based upon factors that may be difficult to predict and that may involve known and unknown risks and uncertainties and other factors which may cause actual results, levels of activity and achievements to differ materially from those expressed or implied by FLI, including, but not limited to, the following: the realization of anticipated benefits and synergies of the CP-KCS transaction and the timing thereof; the success of integration plans; the focus of management time and attention on the CP-KCS transaction and other disruptions arising from the CP-KCS transaction; changes in business strategy and strategic opportunities; estimated future dividends; financial strength and flexibility; debt and equity market conditions, including the ability to access capital markets on favourable terms or at all; cost of debt and equity capital; the ability of management of CP, its subsidiaries and affiliates to execute key priorities, including those in connection with the CP-KCS transaction; general Canadian, U.S., Mexican and global social, economic, political, credit and business conditions; risks associated with agricultural production such as weather conditions and insect populations; the availability and price of energy commodities; the effects of competition and pricing pressures, including competition from other rail carriers, trucking companies and maritime shippers in Canada, the U.S. and Mexico; North American and global economic growth; industry capacity; shifts in market demand; changes in commodity prices and commodity demand; uncertainty surrounding timing and volumes of commodities being shipped; inflation; geopolitical instability; changes in laws, regulations and government policies, including regulation of rates; changes in taxes and tax rates; potential increases in maintenance and operating costs; changes in fuel prices; disruption in fuel supplies; uncertainties of investigations, proceedings or other types of claims and litigation; compliance with environmental regulations; labour disputes; changes in labour costs and labour difficulties; risks and liabilities arising from derailments; transportation of dangerous goods; timing of completion of capital and maintenance projects; sufficiency of budgeted capital expenditures in carrying out business plans; services and infrastructure; the satisfaction by third parties of their obligations; currency and interest rate fluctuations; exchange rates; effects of changes in market conditions and discount rates on the financial position of pension plans and investments; trade restrictions or other changes to international trade arrangements; the effects of current and future multinational trade agreements on the level of trade among Canada, the U.S. and Mexico; climate change and the market and regulatory responses to climate change; ability to achieve commitments and aspirations relating to reducing greenhouse gas emissions and other climate-related objectives; anticipated in-service dates; success of hedging activities; operational performance and reliability; customer and other stakeholder approvals and support; regulatory and legislative decisions and actions; the adverse impact of any termination or revocation by the Mexican government of Kansas City Southern de Mexico, S.A. de C.V.'s Concession; public opinion; various events that could disrupt operations, including severe weather events, such as droughts, floods, avalanches and earthquakes, and cybersecurity attacks, as well as security threats and governmental response to them, and technological changes; acts of terrorism, war or other acts of violence or crime or risk of such activities; insurance coverage limitations; material adverse changes in economic and industry conditions, including the availability of short and long-term financing; and the pandemic created by the outbreak of COVID-19 and its variants, and resulting effects on economic conditions, the demand environment for logistics requirements and energy prices, restrictions imposed by public health authorities or governments, fiscal and monetary policy responses by governments and financial institutions, and disruptions to global supply chains.

We caution that the foregoing list of factors is not exhaustive and is made as of the date hereof. Additional information about these and other assumptions, risks and uncertainties can be found in reports and filings by CP with Canadian and U.S. securities regulators, including any prospectus, material change report, management information circular or registration statement that have been or will be filed in connection with the transaction. Reference should be made to "Risk Factors" and "Management's Discussion and Analysis of Financial Condition and Results of Operations – Forward Looking Statements" in CP's annual and interim reports on Form 10-K and 10-Q. Due to the interdependencies and correlation of these factors, as well as other factors, the impact of any one assumption, risk or uncertainty on FLI cannot be determined with certainty.

Except to the extent required by law, we assume no obligation to publicly update or revise any FLI, whether as a result of new information, future events or otherwise. All FLI in this news release is expressly qualified in its entirety by these cautionary statements.

About Canadian Pacific
Canadian Pacific (TSX: CP) (NYSE: CP) is a transcontinental railway in Canada and the United States with direct links to major ports on the west and east coasts. CP provides North American customers a competitive rail service with access to key markets in every corner of the globe. CP is growing with its customers, offering a suite of freight transportation services, logistics solutions and supply chain expertise. Visit www.cpr.ca to see the rail advantages of CP. CP-IR 

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SOURCE Canadian Pacific

FAQ

What recent management change occurred at Canadian Pacific?

On March 4, 2023, Ronald L. Batory was approved as the Voting Trustee for the CP-KCS Voting Trust after the death of David Starling.

What is the significance of Ronald L. Batory's appointment for Canadian Pacific?

Batory's appointment is significant due to his extensive experience in the railroad industry, which may positively impact the management of the CP-KCS transaction.

How does the appointment of a new trustee affect the CP-KCS Voting Trust?

The appointment of a new trustee allows the Voting Trust to continue operating effectively while CP awaits control of KCS.

When will Canadian Pacific gain control of Kansas City Southern?

Canadian Pacific will gain control of Kansas City Southern once authorized by the U.S. Surface Transportation Board.