MID announces settlement in connection with Magna Entertainment Chapter 11 proceeding
11 Janeiro 2010 - 7:17PM
PR Newswire (US)
AURORA, ON, Jan. 11 /PRNewswire-FirstCall/ -- MI Developments Inc.
("MID") (TSX: MIM.A, MIM.B; NYSE: MIM) today announced that it, its
subsidiary MID Islandi sf. (the "MID Lender") and Magna
Entertainment Corp. ("MEC") have agreed in principle to the terms
of a settlement and release with the Official Committee of
Unsecured Creditors (the "Committee") in connection with an action
(the "Action") commenced by the Committee with respect to the
bankruptcy proceedings of MEC under Chapter 11 of the U.S.
Bankruptcy Code in the U.S. Bankruptcy Court for the District of
Delaware (the "MEC Chapter 11 Proceeding"). MID announced the
commencement of the Action on July 22, 2009. Under the terms of the
settlement agreement, in exchange for the dismissal of the Action
with prejudice and a full release of MID, the MID Lender, their
affiliates, and all current and former officers and directors of
MID and MEC and their respective affiliates, the unsecured
creditors of MEC will receive US$75 million in cash plus US$1.5
million as a reimbursement for certain expenses in connection with
the Action. In addition, the parties have agreed to the following
with respect to certain previously announced pending asset sales of
MEC: (i) upon the sale of Thistledown, MID will receive the first
US$20 million of the proceeds from such sale and the unsecured
creditors of MEC will receive any proceeds in excess of such
amount; (ii) upon the sale of Maryland Jockey Club ("MJC"), MID
will receive the first US$20 million of the proceeds from such sale
(subject to satisfying the secured claim of PNC Bank and all
allowed trade claims directly against MJC and its subsidiaries) and
MID and the unsecured creditors of MEC will share any proceeds in
excess of such amount on a 50/50 basis; and (iii) upon the sale of
Lone Star Park pursuant to an agreement previously filed in the
Bankruptcy Court, the unsecured creditors of MEC will receive the
first US$20 million of the proceeds from such sale and MID will
receive any proceeds in excess of such amount. MID will also have
the right to receive the assets or proceeds from the sale of
Portland Meadows. MID, MEC and the Committee have agreed to support
a Plan of Reorganization in connection with the MEC Chapter 11
Proceeding which will provide for the remaining assets of MEC to be
transferred to MID, including, among other assets, Santa Anita
Park, Golden Gate Fields, Gulfstream Park (including MEC's interest
in The Village at Gulfstream Park, a joint venture between MEC and
Forest City Enterprises, Inc.), AmTote International, Inc. and
XpressBet, Inc. All rights of MID and MEC against MEC's directors
& officers insurers will be preserved with regard to the
settlement in order to seek appropriate compensation for the
releases of all current and former officers and directors of MID
and MEC and their respective affiliates. MID will be entitled to
receive any such compensation from MEC's directors & officers
insurers. The settlement agreement is conditional upon the
negotiation of definitive documents and the confirmation of the
Plan of Reorganization in the MEC Chapter 11 Proceeding. With
respect to the non-real estate related MEC assets that will be
transferred to MID as contemplated by the settlement agreement, MID
intends to later announce certain forbearance terms or funding
limitations or other restrictions to be approved by its Special
Committee of the Board with respect to any future investments by
MID in, or loans to be made by MID in respect of, such assets. The
terms of the settlement were agreed to by the Board of Directors of
MID based upon a favorable recommendation from its Special
Committee of the Board. 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 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 may contain
statements that, to the extent they are not recitations of
historical fact, constitute "forward-looking statements" within the
meaning of applicable securities legislation, including the United
States Securities Act of 1933 and the United States Securities
Exchange Act of 1934. Forward-looking statements may include, among
others, statements relating to the MEC Chapter 11 Proceeding and
MID's participation therein and statements regarding MID's future
plans, goals, strategies, intentions, beliefs, estimates, costs,
objectives, economic performance or expectations, or the
assumptions underlying any of the foregoing. 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, performance or results and will not
necessarily be accurate indications of whether or the times at or
by which such future performance 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 our 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 MID'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 MEC Chapter
11 Proceeding, including the auction of MEC's assets, that there is
no certainty with regard to how long the MEC Chapter 11 Proceeding
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, as to the outcome of
litigation or regulatory proceedings, if any, related to the MEC
Chapter 11 Proceeding or MID's involvement therein (including as a
result of any objections raised with the Bankruptcy Court), and the
risks 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 Dennis Mills, MID's Vice-Chairman and
Chief Executive Officer, at (905) 726-7614
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