Magna Entertainment Corp. announces notice of event of default
February 27 2009 - 5:33PM
PR Newswire (US)
AURORA, ON, Feb. 27 /PRNewswire-FirstCall/ -- Magna Entertainment
Corp. ("MEC" or "the Company") (NASDAQ: MECA; TSX: MEC.A) today
announced that it has received written notice from its lenders that
Pimlico Racing Association, Inc., Laurel Racing Association Limited
Partnership, Laurel Racing Assoc., Inc. and The Maryland Jockey
Club of Baltimore City, Inc. (collectively "MJC"), each a
subsidiary of MEC, are in default under the PNC Bank, National
Association ("PNC Bank") loan agreement for failure to comply with
certain financial covenants relating to the financial position and
results of operation of MJC and related entities. PNC Bank has
informed MEC that it has chosen not to exercise its rights and
remedies under such loan agreement at this time as a consequence of
this event of default, but may choose to do so at any time in the
future without any further written notice. In addition, MEC has
previously notified Wells Fargo Bank, National Association and a
Canadian chartered bank with which MEC has a US$40 million credit
facility that MEC or certain of its subsidiaries have not met
certain financial covenants of the loan agreements with such
lenders. To date, such lenders have not exercised their
default-related rights under their respective loan agreements.
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, the eligibility of MEC and its
subsidiaries to comply with the terms and conditions and meet the
obligations of its various loan arrangements 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 the Company and MID fail to successfully agree upon any
alternative transaction to the reorganization proposal previously
announced on November 26, 2008 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 that a subsidiary of MID ("MID Lender") made available
to MEC on December 1, 2008 and the bridge loan from MID Lender,
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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