Magna Entertainment Corp. announces MI Developments is not proceeding with previously announced reorganization proposal
February 18 2009 - 9:37PM
PR Newswire (US)
AURORA, ON, Feb. 18 /PRNewswire-FirstCall/ -- Magna Entertainment
Corp. ("MEC" or "the Company") (NASDAQ: MECA; TSX: MEC.A) was today
informed by MI Developments Inc. ("MID"), MEC's controlling
shareholder, that MID will not be proceeding with its
reorganization proposal. MEC is in discussions with MID concerning
alternatives to the reorganization proposal. MEC cautions
shareholders and others considering trading in securities of MEC
that there can be no assurance that any alternative transaction
will be completed. In accordance with the terms of certain of MEC's
loan agreements, the maturity date of the first tranche of the new
loan that a subsidiary of MID ("MID Lender") made available to MEC
on December 1, 2008 in connection with the reorganization proposal
(the "New Loan"), the maturity date of the bridge loan from MID
Lender and the deadline for repayment of US$100 million under the
Gulfstream project financing facility from MID Lender will each be
accelerated, respectively, to March 20, 2009. The maturity date of
the second tranche of the New Loan has already been accelerated to
May 13, 2009. As of February 18, 2009, there is approximately
US$48.5 million outstanding under the first tranche of the New
Loan, approximately US$0.7 million outstanding under the second
tranche of the New Loan and approximately US$126.2 million
outstanding under the bridge loan. In accordance with its terms,
the maturity date of MEC's US$40 million credit facility with a
Canadian chartered bank will also accelerate to March 5, 2009. If
MEC is unable to repay its obligations when due or satisfy required
covenants in its loan agreements, substantially all of its other
current and long-term debt will also become due on demand as a
result of cross-default provisions within loan agreements, unless
MEC is able to obtain waivers, modifications or extensions. In the
event MEC is unsuccessful in its efforts to raise additional funds,
through an alternative transaction with MID, assets sales, by
taking on additional debt or by some other means, MEC will not be
able to meet such obligations. 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) and include, among others, statements regarding MEC's
liquidity, discussions with MID and other matters that are not
historical facts. 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
risk that the Company and MID fail to successfully agree upon any
alternative transaction to the reorganization proposal previously
announced on November 26, 2008, the inability of the Company to
obtain additional financing and funds from one or more possible
sources, which may include MID, in order to fund its operations,
implement its strategic plan and capitalize on future growth
opportunities, 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, that we will continue
with our efforts to implement our September 2007 adopted plan to
eliminate the Company's debt, although not on the originally
contemplated time schedule, negotiate and close, on acceptable
terms, one or more core asset sale transactions, comply with the
terms of and/or obtain waivers or other concessions from our
lenders and refinance or repay on maturity our existing financing
arrangements (including a senior secured revolving credit facility
with a Canadian chartered bank, the new loan that a subsidiary of
MID ("MID Lender") made available to MEC on December 1, 2008 and
the bridge loan from MID Lender, possibly obtain additional
financing on acceptable terms to fund our ongoing operations and
there will not be any material further deterioration in general
economic conditions or any further significant decline in the
popularity of horse racing and other gaming activities beyond that
which has already occurred in the current economic downturn; nor
any material adverse changes in weather and other environmental
conditions at our facilities, the regulatory environment or our
ability to develop, execute or finance our strategies and plans as
anticipated. 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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