Magna Entertainment Corp. makes announcement on initial license fee for Video Lottery Operation License in Anne Arundel County
February 04 2009 - 2:33PM
PR Newswire (US)
AURORA, ON, Feb. 4 /PRNewswire-FirstCall/ -- Magna Entertainment
Corp. ("MEC" or "the Company") (NASDAQ: MECA; TSX: MEC.A) announced
that it has arranged for the funding of the specified license fee
of $28.5 million (the "Initial License Fee") to the account of
MEC's subsidiary, Laurel Racing Assoc., Inc. ("Laurel Racing"), in
connection with the February 2, 2009 application by Laurel Racing
for a Video Lottery Operation License ("VLT License") in Anne
Arundel County. The Initial License Fee will be placed in an escrow
account held at a Maryland bank. Laurel Racing has asked the
Maryland VLT Facility Location Commission (the "Commission") to
undertake that it will utilize its discretionary authority to
refund the Initial License Fee in the event Laurel Racing is
granted a VLT License but is unable to obtain all proper zoning and
permits necessary for the operation of a video lottery terminal
facility ("VLT Facility") at Laurel Racing's Anne Arundel location.
Provided the Commission agrees to refund the Initial License Fee,
such fee (and all interest earned) will be paid to the Commission.
The Initial License Fee funds were advanced pursuant to the
previously-announced December 1, 2008 loan agreement among MEC,
certain MEC subsidiaries as guarantors, and a subsidiary of MEC's
controlling shareholder, MI Developments Inc. ("MID"), as lender.
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 the
Initial License Fee 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 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 new loan ("New
Loan") provided for in the December 2008 loan agreement 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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