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By DONALD WITTKOWSKI
Staff Writer
ATLANTIC CITY — Donald Trump is giving up the fight to reclaim his casino empire.
Trump’s famous name will stay on the three Atlantic City casinos he once controlled, but corporate bondholders would be the new bosses under a deal that ends a high-stakes bankruptcy battle.
Trump and his daughter, Ivanka, have agreed to back the bondholders’ proposed buyout of Trump Entertainment Resorts Inc. and will drop all of their litigation in bankruptcy court.
“This prolonged and continued litigation and the associated cost to the estate would mean that whoever won under their plan would ultimately lose,” Trump said in a press release Tuesday. “It is in the company’s best interests for all parties to coalesce around the noteholders’ plan, and I urge them to do so.”
In an interview with The Press of Atlantic City, Trump added, “I believe everybody is very happy. It’s something that is very good for Atlantic City and the state of New Jersey.”
Bondholders now have the inside track to buy the casinos and pull them out of Chapter 11 bankruptcy protection, where they have been since last February. The bondholders’ plan still must be approved by the bankruptcy judge overseeing the case.
Under the deal, Trump will allow bondholders to continue to use his name on the casinos in exchange for common stock and warrants giving him a 10 percent stake in the reorganized company.
He will also have rights to use the Trump brand for casino projects outside New Jersey, except for five neighboring states. The states were not named in the press release, but Trump said they include Pennsylvania and Maryland.
Trump and bondholders, who own $1.25 billion of Trump Entertainment notes, had been vying for control of the casinos. Trump and an affiliate of Dallas-based Beal Bank had offered to buy the company for about $114 million and slash its debts from $1.7 billion to $486 million. Trump initially proposed paying bondholders nothing for their notes, but later offered them about $14 million in cash.
Angry with Trump’s proposal, bondholders originally countered with a $175 million buyout plan, then increased their bid to $225 million. At first, they also proposed selling Trump Marina Hotel Casino for $75 million to help finance their deal, but later said they might not unload the financially ailing property after all.
Trump stepped down as company chairman in February when bondholders rejected his offer then to buy them out and take the company private. He responded by teaming up with his daughter and Beal Bank to try to acquire the company in bankruptcy.
Now that a settlement has been reached, discovery proceedings in the bankruptcy dispute have been suspended until Nov. 25. A bankruptcy conference call between the parties is scheduled for that day, according to a court document.
“This is a significant step forward in the noteholders’ plan to recapitalize the company and facilitate its reorganization,” said Marc Lasry, chairman and chief executive officer of Avenue Capital Group, a member of the bondholder committee.
Lasry added the agreement will help ease the way for Trump Entertainment to emerge from Chapter 11, while giving Trump a minority share of the company and keeping his name on the casinos.
One Trump foe, an Ohio lawyer who represents former Trump Entertainment stockholders, said it appears “that The Donald threw in the towel and took what he could get.”
“The noteholders were very determined, and in this case, Donald was outmuscled,” attorney Gerald W. Berger said in an e-mail statement.
Trump declined to respond to Berger’s comments. Berger has filed suit on behalf of 17 former Trump shareholders who claim they are owed $4.1 million from the company’s previous bankruptcy reorganization, in 2005.
In the press release, Trump said he would have been willing to continue his fight for control of the casinos if not for costly and protracted litigation that could have crippled the company.
“I have always felt a tremendous responsibility to New Jersey, and especially Atlantic City,” he said. “Therefore, I am motivated to give the properties the best chance to succeed on a reorganized basis.”
Contact Donald Wittkowski:
609-272-7258
Posted in ATLANTIC CITY | BUSINESS | TOP THREE on Tuesday, November 17, 2009 10:30 pm Updated: 10:30 pm.
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