Magna Entertainment Corp. announces it will not file 2008 Annual Report and adoption of alternative reporting while under bankru
March 26 2009 - 11:22AM
PR Newswire (US)
AURORA, ON, March 26 /PRNewswire-FirstCall/ -- Magna Entertainment
Corp. ("MEC" or the "Company") announced today that it will not be
filing its Annual Report on Form 10-K for the fiscal year ended
December 31, 2008, nor will it be filing quarterly reports on Form
10-Q, with the U.S. Securities and Exchange Commission (the "SEC")
or the Canadian securities regulators during the period it
continues to operate its business as a debtor in possession under
the U.S. Bankruptcy Code. MEC's inability to file these materials
is attributable to the circumstances of MEC's ongoing
court-supervised restructuring process under Chapter 11 of the U.S.
Bankruptcy Code. In particular, the expense and effort involved in
complying with annual and quarterly reporting requirements cannot,
in the opinion of the Company, be justified in light of MEC's
current operational and financial situation. MEC filed a voluntary
petition under Chapter 11 of the U.S. Bankruptcy Code on March 5,
2009 and currently operates its business as a debtor in possession.
On March 5, 2009, MEC also sought and obtained recognition of the
Chapter 11 proceedings from the Ontario Superior Court of Justice
under section 18.6 of the Companies' Creditors Arrangement Act in
Canada. As a means of keeping the public informed of its financial
condition during the remainder of the bankruptcy case, MEC will
file monthly reports required to be filed with the U.S. Bankruptcy
Court under cover of Form 8-K with the SEC and the Canadian
securities regulators as well as any other disclosure required by
Form 8-K. MEC also intends to comply with the alternative
information guidelines as set out in National Policy 12-203 of the
Canadian securities regulators throughout the default period. In
that regard, MEC will issue default status reports in the form of
news releases that include information relating to material changes
in the information contained in this news release and material
information concerning MEC's affairs that has not been generally
disclosed. Further information about the Chapter 11 filing is
available on MEC's website at
http://www.magnaent.com/restructuring. ABOUT MEC MEC, North
America's largest owner and operator of horse racetracks, based on
revenue, develops, owns and operates horse racetracks and related
pari-mutuel wagering operations, including off-track betting
facilities. MEC also develops, owns and operates casinos in
conjunction with its racetracks where permitted by law. MEC owns
and operates AmTote International, Inc., a provider of totalisator
services to the pari-mutuel industry, XpressBet(R), a national
Internet and telephone account wagering system, as well as
MagnaBet(TM) internationally. Pursuant to joint ventures, MEC has a
fifty percent interest in HorseRacing TV(R), a 24-hour horse racing
television network, and TrackNet Media Group LLC, a content
management company formed for distribution of the full breadth of
MEC's horse racing content. This press release contains
"forward-looking statements" within the meaning of applicable
securities legislation, including Section 27A of the United States
Securities Act of 1933, as amended (the "Securities Act"), and
Section 21E of the United States Securities Exchange Act of 1934,
as amended (the "Exchange Act") and forward-looking information as
defined in the Securities Act (Ontario) (collectively referred to
as "forward-looking statements"). These forward-looking statements
are made pursuant to the safe harbor provisions of the Private
Securities Litigation Reform Act of 1995 and the Securities Act
(Ontario). Forward-looking statements should not be read as
guarantees of future performance or results, and will not
necessarily be accurate indications of whether or the times at or
by which such performance or results will be achieved. Undue
reliance should not be placed on such statements. Forward-looking
statements are based on information available at the time and/or
management's good faith assumptions and analyses made in light of
the Company's perception of historical trends, current conditions
and expected future developments, as well as other factors we
believe are appropriate in the circumstances and are subject to
known and unknown risks, uncertainties and other unpredictable
factors, many of which are beyond the Company's control, that could
cause actual events or results to differ materially from such
forward-looking statements. Important factors that could cause
actual results to differ materially from the Company's
forward-looking statements include, but may not be limited to, the
Company's ability to obtain court approval with respect to its
motions in the Chapter 11 proceedings; the ability of the Company
and its subsidiaries to prosecute, develop and consummate a plan of
reorganization with respect to the Chapter 11 proceedings; risks
associated with third party motions in the Chapter 11 proceedings,
which may interfere with the Company's ability to develop and
consummate a plan of reorganization; the potential adverse effects
of the Chapter 11 proceedings on the Company's liquidity or results
of operations; and material adverse changes in: general economic
conditions; the popularity of racing and other gaming activities as
recreational activities; the regulatory environment affecting the
horse racing and gaming industries; the Company's ability to obtain
or maintain government and other regulatory approvals necessary or
desirable to proceed with proposed real estate developments;
increased regulation affecting certain of the Company's
non-racetrack operations, such as broadcasting ventures; and the
Company's ability to develop, execute or finance the Company's
strategies and plans within expected timelines or budgets. In
drawing conclusions set out in our forward-looking statements
above, we have assumed, among other things: the ability of the
Company to obtain court approval with respect to its motions in the
Chapter 11 proceedings; the ability of the Company and its
subsidiaries to prosecute, develop and consummate a plan of
reorganization with respect to the Chapter 11 proceedings; that the
Company will be able to manage the risks associated with third
party motions in the Chapter 11 proceedings and they will not
interfere with the Company's ability to develop and consummate a
plan of reorganization; the Company will be able to adequately
manage any potential adverse effects of the Chapter 11 proceedings
on MEC's liquidity or results of operations. Forward-looking
statements speak only as of the date the statements were made. We
assume no obligation to update forward-looking statements to
reflect actual results, changes in assumptions or changes in other
factors affecting forward-looking statements. If we update one or
more forward-looking statements, no inference should be drawn that
we will make additional updates with respect thereto or with
respect to other forward-looking statements. SOURCE: Magna
Entertainment Corp. DATASOURCE: Magna Entertainment Corp. CONTACT:
Blake Tohana, Executive Vice-President and Chief Financial Officer,
Magna Entertainment Corp., 337 Magna Drive, Aurora, ON, L4G 7K1,
Tel: (905) 726-7493, http://www.magnaent.com/
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