Magna Entertainment Corp. announces application for Video Lottery Operation License in Anne Arundel County not accepted for cons
13 2월 2009 - 8:01AM
PR Newswire (US)
AURORA, ON, Feb. 12 /PRNewswire-FirstCall/ -- Magna Entertainment
Corp. ("MEC" or "the Company") (NASDAQ: MECA; TSX: MEC.A) announced
that the Maryland VLT Facility Location Commission (the
"Commission") has not accepted for consideration the application of
MEC's wholly-owned subsidiary, Laurel Racing Assoc., Inc. ("Laurel
Racing") for a Video Lottery Operation License to operate Video
Lottery Terminals at Laurel Park in Anne Arundel County. The
Commission has stated that the application did not meet certain
minimum requirements set out in the bidding process. As previously
announced, Laurel Racing submitted its application on February 2,
2009 without payment of the specified initial license fee of $28.5
million. MEC is considering all of its legal options with respect
to this matter, and has filed various legal actions to protect its
interests in the appropriate forums in the State of Maryland. 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
consideration of its legal options in this matter 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 one or more of reorganization
transactions contemplated by the November 26, 2008 transaction
agreement (the "Transaction Agreement") between MEC and certain
entities affiliated with MEC's Chairman and Chief Executive
Officer, Frank Stronach, may, for various reasons, not proceed, the
terms of any reorganization transaction may differ from those
currently contemplated by the Transaction Agreement, the MI
Developments Inc. ("MID") shareholders failing to approve the
reorganization proposal, an inability to obtain regulatory approval
from securities and other regulators in connection with proposed
reorganization matters that are intended to result in the issuance,
registration and listing of shares of the Company's capital stock,
the possible termination of the Transaction Agreement for any
reason, the acceleration of the maturity dates and repayment
deadlines under the December, 2008 loan agreement (the "New Loan")
between MEC as borrower, certain subsidiaries of MEC as guarantors
and a wholly owned subsidiary of MID (the "MID Lender") as lender,
a bridge loan (the "Bridge Loan") with the MID Lender and two
project financing facilities with the MID Lender, a failure by the
Company to fully retire its subordinated notes by December 14, 2009
as contemplated by the Transaction Agreement, a failure by the
Company to negotiate and close, on acceptable terms, asset sale
transactions (including potential core asset sales), 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 and the Bridge Loan), 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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