Unassociated Document
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
8-K
CURRENT
REPORT
PURSUANT
TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF
1934
Date
of
Report (Date of Earliest Event Reported): May 1, 2007
Genesee
& Wyoming Inc.
(Exact
name of registrant as specified in its charter)
|
Delaware
|
001-31456
|
06-0984624
|
|
(State
or other jurisdiction of
incorporation)
|
(Commission
File Number)
|
(I.R.S.
Employer Identification
No.)
|
| |
|
|
66
Field Point Road, Greenwich, Connecticut 06830
(Address
of principal executive offices) (Zip Code)
Registrant's
telephone number, including area code: (203) 629-3722
Not
Applicable
Former
name or former address, if changed since last report
Check
the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions:
o Written
communications pursuant to
Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting
material pursuant to
Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement
communications
pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
o Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
ITEM
2.02. Results of Operations and Financial Condition
On
May
1,
2007,
Genesee
& Wyoming Inc. (GWI) issued a press release reporting financial results for
the first quarter of 2007. A copy of the press release is attached hereto as
Exhibit 99.1. The attached Exhibit 99.1 is furnished in its entirety pursuant
to
this Item 2.02 and is incorporated herein by reference.
Item
8.01. Other
Events
As
previously disclosed in GWI's Form
10-K
for the fiscal year ended December 31, 2006 (Form 10-K), in October
2005, GWI's
Mexican
railroad operation, Compañía de Ferrocarriles Chiapas-Mayab, S.A. de C.V. (FCCM)
was struck by Hurricane Stan with the most severe impact concentrated in
the
State of Chiapas between the town of Tonalá and the Guatemalan border.
Approximately 70 bridges were damaged or destroyed, and various segments
of
track were washed out, rendering portions of the rail line inoperable absent
reconstruction. There has been uncertainty as to whether sufficient funds
would
be available from the Mexican government to fund the reconstruction of
the
damaged rail line.
Although
a definitive agreement with the Mexican government regarding the reconstruction
of the rail line in Chiapas has not yet been reached, there have been
non-binding agreements in principle relating to the following key items.
First,
the Mexican Ministry of Communications and Transportation (SCT), represented
by
the Undersecretary of Transportation, will seek to secure funds to rebuild
the
Chiapas line. Second, the SCT has agreed that if the rail line reconstruction
is
not completed by a specific date, GWI will have the right to sell the
business
back to the Mexican government for a pre-arranged price. Third, the SCT
has
agreed that the Mexican government will put in place insurance coverage
related
to catastrophic events. However, the details of the insurance coverage
have not
been finalized.
No
assurance can be given that GWI will
be
able to obtain appropriate insurance protection or enter into satisfactory
definitive agreements with the Mexican government. GWI's inability
to obtain appropriate insurance protection or finalize agreements to its
satisfaction could result in our exiting Mexico.
For
additional information on GWI's Mexican
operations, see the discussion under “Management’s Discussion and Analysis of
Financial Condition and Results of Operations-Overview-Mexico” and under “Risk
Factors” in our Form 10-K.
ITEM
9.01. Financial Statements and Exhibits
(d)
Exhibit.
99.1
Press release, dated May
1,
2007,
announcing results for the first quarter of 2007
Forward-Looking
Statements
Certain
statements in this report that discuss GWI’s expectations are forward-looking
statements within the meaning of the federal securities laws and are based
upon
GWI’s current belief as to the outcome of future events. Although GWI believes
that the expectations reflected in such forward-looking statements are based
upon reasonable assumptions, actual results could differ materially from
those
set forth in the forward-looking statements. GWI cautions investors and
potential investors not to place undue reliance on such statements and disclaims
any intention to update the current expectations or forward-looking statements
contained in this filing.
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, the registrant
has
duly caused this report to be signed on its behalf by the undersigned hereunto
duly authorized.
| |
|
|
| |
GENESEE
&
WYOMING INC. |
|
|
|
| Date: May
1, 2007 |
By: |
/s/
Timothy J.
Gallagher
|
| |
Name: Timothy J. Gallagher |
| |
Title:
Chief Financial Officer |