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CN makes final pitch for regulator to approve voting trust for Kansas City Southern

In a 374-page submission, CN said it will demonstrate the merits of a CN-KCS combination during a robust, careful review process that will allow full stakeholder input. The only question presented to the board now, however, is whether applicants’ voting trust agreement satisfies the test for voting trust review established in Major Rail Consolidation Procedures. It does, said CN. A voting trust would allow Kansas City Southern shareholders to receive US$325 per share in stock and cash without waiting for the deal itself to be approved. CN said the voting trust agreement insulates KCS from CN control during the trust period and causes no harm to KCS while also serving the public interest by placing CN on an equal footing with other bidders.

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