MI Developments announces filing of Plan of Reorganization by Magna Entertainment
18 Fevereiro 2010 - 10:38AM
PR Newswire (US)
AURORA, ON, Feb. 18 /PRNewswire-FirstCall/ -- MI Developments Inc.
("MID") (TSX: MIM.A, MIM.B; NYSE: MIM) today announced that Magna
Entertainment Corp. ("MEC") has filed a Plan of Reorganization,
jointly proposed with MID and the Official Committee of Unsecured
Creditors of MEC (the "Committee"), together with a Disclosure
Statement, with the U.S. Bankruptcy Court for the District of
Delaware in connection with the bankruptcy proceedings of MEC under
Chapter 11 of the U.S. Bankruptcy Code and the settlement of the
action commenced on July 21, 2009 by the Committee against, among
others, MID and MEC. The settlement in principle of the action was
announced by MID on January 11, 2010. The Plan is subject to the
confirmation of the Bankruptcy Court. MID, MEC and the Committee,
among others, have entered into a Support Agreement pursuant to
which, among other things, MID and the Committee agreed to support
the Plan and MEC agreed to seek approval of the Disclosure
Statement in the Bankruptcy Court on or prior to March 31, 2010 and
obtain confirmation of the Plan by the Bankruptcy Court on or prior
to April 30, 2010 (the "Confirmation Date"). The Support Agreement
may be terminated if, among other things, the Bankruptcy Court
denies confirmation of the Plan. Copies of the Plan, the Disclosure
Statement and the Support Agreement will be available on SEDAR
under MID's profile at http://www.sedar.com/. With respect to the
non-real estate related MEC assets that will be transferred to MID
as contemplated by the Plan, MID intends to announce on or prior to
the Confirmation Date 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.
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 automotive operating
units 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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