Magna Entertainment Corp. files second default status report
April 28 2009 - 8:39AM
PR Newswire (US)
AURORA, ON, April 28 /PRNewswire-FirstCall/ -- Magna Entertainment
Corp. ("MEC") filed this news release as its second bi-weekly
default status report under National Policy 12-203 of the Canadian
Securities Administrators, pursuant to which MEC announced that it
would not be filing its Annual Report on Form 10-K for the fiscal
year ended December 31, 2008, nor would it file filing quarterly
reports on Form 10-Q, with the U.S. Securities and Exchange
Commission or the Canadian securities regulators during the period
it continues to operate its business as a debtor-in-possession
under the United States Bankruptcy Code. The filing of this press
release occurred after the two-week period following the Company's
last status report pending its agreement to terminate MI
Development Inc.'s stalking horse bid to acquire certain assets of
MEC, and the final order of the U.S. Bankruptcy Court approving the
Company's debtor-in-possession financing, all of which was
announced by MEC on April 22, 2009. Otherwise, MEC reports that
since announcing the original notice of default on March 26, 2009,
and filing its first default status report on April 7, 2009, there
have not been any material changes to the information contained
therein, nor any failure by MEC to fulfill its intentions stated
therein, and there are no additional defaults or anticipated
defaults subsequent to such announcement. The Company intends to
file its next default status report on May 11, 2009. 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). 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
timing of filing of default status reports, the Company's ability
to obtain court approval with respect to its motions in the Chapter
11 proceedings; the ability of the Company and its subsidiaries to
prosecute, develop and consummate a plan of reorganization with
respect to the Chapter 11 proceedings; risks associated with third
party motions in the Chapter 11 proceedings, which may interfere
with the Company's ability to develop and consummate a plan of
reorganization; the potential adverse effects of the Chapter 11
proceedings on the Company's liquidity or results of operations;
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: the ability of the Company to obtain court
approval with respect to its motions in the Chapter 11 proceedings;
the ability of the Company and its subsidiaries to prosecute,
develop and consummate a plan of reorganization with respect to the
Chapter 11 proceedings; that the Company will be able to manage the
risks associated with third party motions in the Chapter 11
proceedings and they will not interfere with the Company's ability
to develop and consummate a plan of reorganization; the Company
will be able to adequately manage any potential adverse effects of
the Chapter 11 proceedings on MEC's liquidity or results of
operations. 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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