MI Developments announces termination of stalking horse bid for Magna Entertainment assets and amendments to DIP loan
20 Abril 2009 - 8:58AM
PR Newswire (US)
AURORA, ON, April 20 /PRNewswire-FirstCall/ -- MI Developments Inc.
(MID) (TSX: MIM.A, MIM.B; NYSE: MIM) today announced that it and
Magna Entertainment Corp. (MEC) have agreed to terminate MID's
stalking horse bid to purchase certain of MEC's assets that had
been previously made in the context of MEC's petition for
reorganization under Chapter 11 of the United States Bankruptcy
Code. Although the stalking horse bid has been terminated, MID will
continue to evaluate whether to bid on MEC assets during the course
of the Chapter 11 sales process. Dennis Mills, MID's Vice-Chairman
and Chief Executive Officer, stated, "MID's principal concern with
respect to the MEC Chapter 11 process is to maximize our recovery
on our secured loans to MEC. We made our stalking horse bid because
we believe that MEC owns some very valuable and attractive assets.
Although we continue to be interested in acquiring assets from MEC,
we have agreed to withdraw our stalking horse bid in response to
objections raised by a number of parties in the MEC Chapter 11
process and with the intent of expediting that process. As the
process moves forward, MID will continue to evaluate all
opportunities to preserve the value of our secured loans to MEC,
which may include MID bidding for certain of MEC's assets." MID
also announced that the terms of the debtor-in-possession financing
facility being provided to MEC by a wholly-owned subsidiary of MID
(the MID Lender) have been amended to, among other things: (i)
extend the maturity from September 6, 2009 to November 6, 2009 in
order to allow for a longer marketing period in connection with
MEC's asset sales; (ii) reduce the principal amount available from
US$62.5 million to US$38.4 million, with the reduction attributable
to the fact that interest on the pre-petition indebtedness owed by
MEC and its subsidiaries to the MID Lender will accrue during the
Chapter 11 process rather than being paid currently in cash; and
(iii) provide that MEC has until the week of May 4, 2009 to file a
motion on the bid procedures relating to the asset sales. The final
terms of the debtor-in-possession financing facility are scheduled
to be considered by the Bankruptcy Court on April 20, 2009. The
Board of Directors of MID approved terminating the stalking horse
bid and amending the financing facility after considering, among
other things, a favourable recommendation from a Special Committee
of independent directors. The restructuring of MEC under the
protection of Chapter 11 is subject to certain material conditions,
some of which are beyond MEC's and MID's control. There is no
certainty with regard to how long the chapter 11 proceedings or the
process for the marketing and sale of the debtors' assets will
take, whether the debtors' restructuring plan will be successful,
whether or at what prices the debtors' assets will be sold, whether
any offer by any third party or MID for the debtors' assets will
materialize or be successful, and as to the outcome of litigation
or regulatory proceedings, if any, related to the Chapter 11
proceedings or MID's involvement therein (including as a result of
objections raised at the Bankruptcy Court and with the Ontario
Securities Commission). About MID MID is a real estate operating
company focusing primarily on the ownership, leasing, management,
acquisition and development of a predominantly industrial rental
portfolio for Magna International Inc. and its subsidiaries in
North America and Europe. MID also acquires land that it intends to
develop for mixed-use and residential projects. MID holds a
majority interest in MEC, North America's number one owner and
operator of horse racetracks, based on revenue, and one of the
world's leading suppliers, via simulcasting, of live horse racing
content to the growing intertrack, off-track and account wagering
markets. As noted in this press release, MEC has filed a voluntary
petition for reorganization under chapter 11 of the Bankruptcy
Code. Forward-Looking Statements This press release contains
"forward-looking statements" within the meaning of applicable
securities legislation. Forward-looking statements may include,
among others, statements relating to the chapter 11 proceedings and
MID's participation therein. Words such as "may", "would", "could",
"will", "likely", "expect", "anticipate", "believe", "intend",
"plan", "forecast", "project", "estimate" and similar expressions
are used to identify forward-looking statements. Forward-looking
statements should not be read as guarantees of future events or
results and will not necessarily be accurate indications of whether
or the times at or by which such future events 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,
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 such differences include, but are not limited to,
the risks and uncertainties inherent in the chapter 11 process,
including the auction of MEC's assets, and the risks that are set
forth in the "Risk Factors" section in MID's Annual Information
Form for 2008, filed on SEDAR at http://www.sedar.com/ and attached
as Exhibit 1 to MID's Annual Report on Form 40-F for the year ended
December 31, 2008, which investors are strongly advised to review.
The "Risk Factors" section also contains information about the
material factors or assumptions underlying such forward-looking
statements. Forward-looking statements speak only as of the date
the statements were made and unless otherwise required by
applicable securities laws, MID expressly disclaims any intention
and undertakes no obligation to update or revise any
forward-looking statements contained in this press release to
reflect subsequent information, events or circumstances or
otherwise. DATASOURCE: MI Developments Inc. CONTACT: Richard Smith,
MID's Executive Vice-President and Chief Financial Officer, at
(905) 726-7507
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