Riviera Holdings' Receives Technical Default Notice on Credit Agreement
March 04 2009 - 7:00AM
PR Newswire (US)
No Financial Default Asserted; Riviera Remains Current on Interest
Obligations LAS VEGAS, March 4 /PRNewswire-FirstCall/ -- Riviera
Holdings Corporation (NYSE Alternext US: RIV) announced today that
it has received a notice of technical default by Wachovia Bank, the
administrating agent for the Company's $245 million Credit
Agreement dated June 8, 2007. According to Wachovia, the technical
default occurred due to Riviera's refusal to enter into a Deposit
Account Control Agreement (DACA) in the form requested by Wachovia.
This asserted default is technical, not financial, as the Company
is current with its interest and payment obligations associated
with the Credit Agreement. The Credit Agreement provides that
Riviera enter into a DACA, from time to time, to the extent
reasonably requested by Wachovia. On October 14, 2008,
approximately 16 months following the closing of the Credit
Agreement, Wachovia requested that Riviera execute a DACA in a form
that the Company ultimately determined to contain unreasonable
terms and conditions. After reviewing the proposed DACA, Riviera
and its advisors determined that the DACA was not reasonable in
that it would enable Wachovia to access all of Riviera's operating
cash and order it to be transferred to a bank account specified by
Wachovia. William L. Westerman, Riviera's Chairman and Chief
Executive Officer, said, "Under the terms of the proposed DACA,
Wachovia could gain access to all cash held in Riviera's bank
accounts by merely advising the banks of a notice of default
without first allowing us the opportunity to cure the default, no
matter how trivial. Since receipt of the October 14, 2008 request,
we have unsuccessfully attempted to negotiate a DACA with Wachovia
that provides for adequate going concern protections for the
Company. We remain willing to enter into a reasonable DACA which
would provide our lenders with access to the cash in the Company's
bank accounts as collateral, as long as we are able to maintain
reasonable access to that cash in order to pay normal operating
expenses necessary to continue business." Mr. Westerman emphasized
that the Company has funds on hand and is continuing to generate
sufficient cash to pay all operating obligations in a timely
manner, as well as make necessary investments in its Las Vegas and
Black Hawk properties in order to meet minimum capital maintenance
requirements. Despite experiencing the impact of a severe economic
recession, the Company's objective has been to remain current with
all of its financial commitments, including interest obligations
associated with the Credit Agreement. That being said however, due
to the increased interest burden in the form of default interest
now imposed on the Company as a result of this alleged technical
default, the Company will have to reassess this objective. About
Riviera Holdings: Riviera Holdings Corporation owns and operates
the Riviera Hotel and Casino on the Las Vegas Strip and the Riviera
Black Hawk Casino in Black Hawk, Colorado. DATASOURCE: Riviera
Holdings Corporation CONTACT: Phil Simons, CFO of Riviera Holdings
Corporation, +1-702-794-9527, fax, +1-702-794-9442, , or investor
relations, Betsy Truax of Skorpus Consulting, +1-208-241-3704, fax,
+1-208-232-5317, , for Riviera Holdings Corporation
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