Ontario Securities Commission Dismisses Minority Shareholder Applications
15 9월 2009 - 7:13AM
PR Newswire (US)
OSC Rules in Favour of MI Developments Regarding Transactions With
Magna Entertainment AURORA, ON, Sept. 14 /PRNewswire-FirstCall/ --
MI Developments Inc. (MID) (TSX: MIM.A, MIM.B; NYSE: MIM) today
announced that the Ontario Securities Commission (OSC) has
dismissed the applications made by certain MID Class A shareholders
challenging MID's ability to rely on certain exemptions from the
requirements to obtain minority shareholder approval and formal
valuations under Multilateral Instrument 61-101 - Protection of
Minority Security Holders in Special Transactions in respect of
transactions with Magna Entertainment Corp. (MEC). The OSC
indicated that it intends to issue reasons for the dismissal in due
course. As a result of the dismissal of the applications by the
OSC, the amendments to the secured debtor-in-possession (DIP)
financing facility being provided by a wholly-owned subsidiary of
MID to MEC and certain of its subsidiaries announced on September
14, 2009 will come into effect subject to MEC obtaining approval of
the U.S. Bankruptcy Court in Delaware to such amendments. Under the
amended DIP facility, MEC must use its best efforts to market and
sell all of its assets. With respect to Golden Gate Fields,
Gulfstream Park, Maryland Jockey Club and Santa Anita Park, MID
will continue to evaluate all of its alternatives, which may
include MID entering into a stalking horse purchase agreement for
one or more of such assets in the event that MEC receives no other
stalking horse bids acceptable to MEC. Dennis Mills, Vice-Chairman
and Chief Executive Officer, stated, "We are pleased with the OSC's
decision to dismiss the applications. Our principal focus regarding
MEC needs to be on the Chapter 11 process and, with this matter
behind us, we will continue to work hard to evaluate all
opportunities to preserve the value of our secured loans to MEC and
certain of its subsidiaries." 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
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 J.
Crofts, MID's Executive Vice-President, Corporate Development,
General Counsel and Secretary, at (905) 726-7505
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