Magna Entertainment Corp. announces final order approving amended DIP loan and termination of MI Developments' stalking horse bi
April 22 2009 - 5:16PM
PR Newswire (US)
AURORA, ON, April 22 /PRNewswire-FirstCall/ -- Magna Entertainment
Corp. ("MEC" or the "Company") announced that on April 20, 2009,
the Company and MI Developments Inc. ("MID") agreed to terminate
MID's stalking horse bid to purchase certain of MEC's assets that
was entered into prior to the filing of MEC's voluntary petition
for reorganization under Chapter 11 of the United States Bankruptcy
Code. MEC also announced that the terms of the debtor-in-possession
("DIP") financing facility being provided to MEC by a wholly-owned
subsidiary of MID (the "MID Lender") have been approved by the
United States Bankruptcy Court overseeing its Chapter 11 case. The
facility provides for, among other things: (i) a maturity date to
November 6, 2009; and; (ii) availability of US$38.4 million; this
represents a reduction attributable to the agreement not to pay
current interest on the pre-petition indebtedness owed by MEC and
its subsidiaries to the MID Lender which will accrue during the
Chapter 11 process rather than being paid currently in cash; The
final terms of the DIP financing facility were heard by the United
States Bankruptcy Court on April 20, 2009 and a final order
authorizing the DIP financing facility on these terms was granted
by the court today. The motions to consider the bid procedures
relating to the sales of MEC's assets and to consider the
appointment of an examiner are currently scheduled to be heard by
the United States Bankruptcy Court on May 4, 2009. Mr. Greg
Rayburn, MEC's new interim Chief Executive Officer, stated: "Monday
was an important day in MEC's Chapter 11 case. Working with key
stakeholders, including the Creditors' Committee, the Company was
able to finalize the terms of the DIP financing facility which will
allow the continued operations of our racetracks and other
businesses. Over the next two weeks, MEC will continue the ongoing
process of reviewing alternatives available to it in connection
with its restructuring and sales process with a view to maximizing
value for its stakeholders." 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; and 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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