PACER INTERNATIONAL, INC. AND SUBSIDIARIES PRO FORMA CONDENSED CONSOLIDATED FINANCIAL STATEMENTS (Unaudited)Transportation Agreement • January 25th, 2010 • Pacer International Inc • Arrangement of transportation of freight & cargo
On November 3, 2009, Pacer International, Inc. (the “Company” or “Pacer”), entered into (i) an amendment (the “Amendment”) to the Amended and Restated Rail Transportation Agreement dated as of May 15, 2002, among Union Pacific Railroad Company (“UP”), Pacer, and American President Lines, Ltd., and APL Co. PTE Ltd. (collectively, “APL”) (the “Existing Agreement”) and (ii) a new commercial rail transportation agreement and other agreements with UP. The Amendment provides that the rates and other terms and conditions of the Existing Agreement will no longer apply to domestic shipments in 48- and 53-foot containers (also referred to as “domestic big box shipments”) tendered by Pacer for transportation by UP which shipments will be subject to the terms and conditions of the new commercial agreement. As a result of the Amendment and the new agreements entered into with UP on November 3, 2009, Pacer anticipates that all or a significant portion of the domestic east/west big box shipments that
