Subsidiary of MI Developments named as Defendant in connection with Magna Entertainment Chapter 11 Proceedings
22 Julho 2009 - 6:57PM
PR Newswire (US)
AURORA, ON, July 22 /PRNewswire-FirstCall/ -- MI Developments Inc.
(MID) (TSX: MIM.A, MIM.B; NYSE: MIM) today announced that its
subsidiary MID Islandi sf. (the "MID Lender") has been named as a
defendant in an action commenced by the Official Committee of
Unsecured Creditors (the "Committee") in connection with the
bankruptcy proceedings of Magna Entertainment Corp. (MEC) under
Chapter 11 of the U.S. Bankruptcy Code in the U.S. Bankruptcy Court
for the District of Delaware. The Committee's action seeks, among
other things, recharacterization as equity of the MID Lender's
claims in relation to the indebtedness previously advanced to MEC
and its subsidiaries, equitable subordination of the MID Lender's
claims against the debtors in the Chapter 11 proceedings and the
avoidance of allegedly fraudulent transfers to the MID Lender. In
addition, the Committee has sought leave of the Court to pursue a
separate action against MID that alleges, among other things,
breach of fiduciary duty owed to MEC and its creditors. MID
believes that the Committee's claims are without merit and intends
to contest them vigorously. About MID MID is a real estate
operating company engaged primarily in the acquisition,
development, construction, leasing, management, and ownership of a
predominantly industrial rental portfolio leased primarily to 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 equity
interest in Magna Entertainment Corp. (MEC), an owner and operator
of horse racetracks, and a supplier, via simulcasting, of live
horseracing content to the inter-track, off-track and account
wagering markets. MEC has filed a voluntary petition for
reorganization under Chapter 11 of the U.S. Bankruptcy Code.
Forward-Looking Statements This press release contains
"forward-looking statements" within the meaning of applicable
securities legislation. 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 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: about this press release, please contact Richard
Crofts, MID's Executive Vice-President, Corporate Development,
General Counsel and Secretary, at (905) 726-7505
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