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Update: Twin River files for Chapter 11 bankruptcy

11:34 AM Tue, Jun 23, 2009 |
Jack Perry    Email

By Katherine Gregg
Journal State House Bureau

PROVIDENCE, R.I. -- Overwhelmed by more than a half-billion dollars in debt, Twin River's owners are on the verge of turning the keys to the Lincoln track-and-slot parlor over to their lenders under the terms of a "consensual'' agreement filed in U.S. Bankruptcy Court early Tuesday morning.

The filing reflects a consensual structured bankruptcy agreement hammered out in round-the-clock negotiations in recent days between the state, the lenders group led by Merrill Lynch Capital and the consortium that owns the sprawling Lincoln gambling hall that is home to 4,751 video-slots and a greyhound racetrack.

It says: "As successful as [Twin River's] operations have been, their revenues cannot support the substantial demands imposed by the state tax rate and the debtors' debt services obligations'' on $589 million in loans.

It also says that if there is no agreement within 60 days relative to the current owners continuing role, "the sponsors will transition ownership to the lenders.''

Details were still emerging on Tuesday morning, as lawyers headed into court for a 9:30 a.m. hearing on the petition for Chapter 11 bankruptcy. But these were some of the key elements:

In exchange for wiping close to $290 million in debt off their books, the lenders are to immediately begin a process "to identify a new operator'' to run the slot parlor within the next 120 days, subject to approval by the two state agencies that regulate gambling in the state: the Lottery and the state Department of Business Regulation.

The Carcieri administration would be required to authorize or if necessary back legislation to allow overnight gambling seven days a week, and agree to pay up to $11 million in "annual support,'' including a new management fee of up to $1.4 million and a share of the annual marketing costs.

Governor Carcieri will hold a press conference at 1 p.m. at the Rhode Island State House to comment on the filing, his office announced Tuesday morning.

Patti Doyle, spokeswoman for Twin River, said, "We began the process of restructuring our finances more than one year ago with the hope that we would reach an agreement with our lenders and key constituencies that was in the best interest of all parties, chief among them, our patrons and the State of Rhode Island

"Today's consensual agreement does exactly that, and most important, does so in a way that guarantees little to no disruption to operations at Twin River," Doyle said. "We look forward to a continued cooperative working relationship with the State and Division of Lotteries, secure in the knowledge that the state and its taxpayers will continue to be the ultimate beneficiaries of a successful Twin River."

It appears the deal will also spell the end of live racing in Rhode Island 62 years after Twin River opened in 1947 as a thoroughbred track known as Lincoln Downs.

After B.A. Dario sold the facility in 1977 to Joe Linsey and his nephew, Al Ross, it took on a new identity as Lincoln Greyhound Park, a dog-track. By the 1990's, the grand dame of Louisquisset Pike was owned by the British Wembley PLC, and didn't change hands again until the criminal conviction in 2005 of the top Wembley executives here and in the U.K. on charges they conspired to bribe former House Speaker John B. Harwood.

That set the stage for the current owners - who include two of the original developers of the Mohegan Sun - to buy Lincoln Park and spend $220 million on renovations aimed at providing "a first-class casino experience'' at the track-cum-slot parlor.

Twin River is operated by UTGR Inc., a subsidiary of BLB Investors - a holding company made up of Kerzner International Limited, the Waterford Group LLC and Starwood Capital Group, which in turn invests money for pension funds across the country.

The video-slots are still making money for Twin River and, by extension, for the state Lottery which controls the leases on the 1,751 electronic gambling machines housed there. Out of every dollar lost into one of these machines, the state gets roughly 61 cents, an anticipated $244 million this year alone.

The bankruptcy filing was not a surprise. The owners defaulted on their loan payments in March 2008. The following September the Moody's Investor Service downgraded their credit rating, citing a "high probably of bankruptcy'' in the near future.

Asked at the time if the downgrade reflected concern that Twin River, though still profitable while other gambling houses across the country were racking up losses, would not produce enough earnings to meet its obligations on $565 million in loans, Moody's vice president and senior credit officer Peggy Holloway said: "Yes."

She said "the state has - and I think it is pretty well known - a pretty onerous tax rate, and this property has produced a far lower level of revenues and earnings than was anticipated at the time the project was started."

The owners dropped increasingly urgent warnings about the likelihood that they would be forced into bankruptcy if the state did not come to their financial aid, by either raising their share of the revenue or picking up upwards of $20 million annually in marketing and capital expenditure costs.

They called a Chapter 11 bankruptcy filing a last resort, but an increasingly likely one that might leave their lenders with "a haircut'' if they did not willingly agree to more favorable payment terms, and the dog owners with nothing if they balked at their offer to buy out their $9-million a year multiyear contract, in exchange for $2 million annually for three years.

Never once did they mention the potential for a structured agreement in which they would be forced to walk away, leaving their lenders in control of the state's largest slot parlor.

Gambling is the state's third largest source of revenue, with the state expecting $244 million this year alone from the slot play at Twin River. But in a year when the governor and lawmakers are struggling to close a massive budget hole, none were amenable to cutting the state's share which currently stands at close to 61 percent of every dollar lost into on these machines.

It remains to be seen how the new operator would be chosen.

While Twin River would not be the first gambling enterprise to sink into bankruptcy, it has a unique relationship with the state of Rhode Island that raises unique legal questions since the state not only controls its operating license but also the 4,751 video slots and virtual Blackjack machines placed there by the state Lottery that are its big money maker.

Under this arrangement, the state gets all of the money on hand each day, takes each share and then divvies up the amounts owed each of the other "partners'' in this Lottery-sponsored slot operation, including Twin River's owners. And this will likely continue, though Gary Sasse, speaking in his capacity as Department of Revenue director last July, acknowledged that even then "additional measures [had] been put in place to ensure protection of state funds in the event of a bankruptcy filing or possible interruption of transfer of funds." That included posting a Lottery representative in the Twin River money room to examine the deposit slips, and observe the physical pick-up of the money by an armored car service.

Asked why the state had taken these steps, Sasse said: "It's obvious. We are exercising what we believe to be appropriate due diligence. We are confident that the business is strong. But we certainly have an obligation to the taxpayers to prepare for all contingencies."

Extra: Read information from the state Lottery Web site on net terminal income, the amount left in the machine after the winning players have been paid.

(The original version of this report was posted at 7:27 a.m., and it was updated at 7:52 and 8:15 a.m.)

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Comments

carol warwick said:

no one has mentioned the union stand i this bankrupcy. United Airlines went belly up in bankrupcy court and cut the union pension plan. could this happen here. ?



jojo said:

If I was reporting the story, I would have found out if the bankruptcy court has the power to simply cut the tax rate to make the business profitable. The rate is about double what most states hit their slot parlors with.



The Gamble That Didn't Pay Off said:

1: I feel awful for those creditors who provided services, who will now only get a fraction, if anything, of the costs incurred by Twin Toile's renovation. This will affect their business now.

2: Would anyone want to go to a place that, I am sure, will reduce the payouts to winners (assuming anyone will win now)?

3: This is what the state gets for depending on revenue from an industry that relies mostly on an individual's disposable income. Does anyone have disposable income anymore? The state gambled; the state lost.



DavidM said:

This just shows you how not to run a state as it has become so dependent on false promises and not on job growth or trying to grow the economy. Guess what idiot legislators you have no more tobacco $, less gambling $, no lead paint $ and when all of the breadwinners leave this state no capital gains or income tax $. Way to go General Assembly. Hey Rep Cosentino how are you going to add up the numbers now. Bet you can't!!!!!



Ron said:

Looks like the creditors, not the State, that gambled and lost. Its not as if the creditors gave the loans and did not know the terms with the state. They did. The state still gets its money.



JerryRI said:

I was at one of the restaurants in Twin River a week and a half ago attending a graduation party (mid-week). I would estimate that no more than 20%, probably less, of the slot machines were being used. Scary situation for the state budget and subsequently for us taxpayers.



Greg said:

You own a soda machine. And I own a hotel. If I let you put your soda machine in my lobby, and that soda machine dispenses a soda for $1.00, and because it's in MY building you let me keep $.40 of every sale how is that $.60 you keep for yourself out of YOUR machine a tax?



dave said:

(Horn intro)

Take a chance, bet your pension
Blow the rent, did I mention?
You'll be busted flat before you know...
Life was good, life was sweet
But now you're living on the street
Admit defeat! It's your turn to crawl
Go on and live for the blunder of it all!

Roll the dice and then a "fatty"
While they repossess your Caddy
Pretty soon you'll have to sell your soul...
A few more drinks, a little blow
Is that your wife or just some 'ho?
It's time to go, and make that sick leave call
Yeah, let's live for the blunder of it all!



Anon said:

Not only does the state take 61% off the top, but the Town of Lincoln gets a percentage, as does the Narragansett Indians, the dog owners and others. How could any business survive on basically 30%, or less, of their net earnings? Then to add insult to injury, the state requires a certain amout of days of dog racing, which is another big money loser, all in an effort to keep those voters happy.(Several weeks ago when Twin River asked to get out of the dog racing business because it was a money loser, the dog owners complained and a bill was submitted to actually increase the amount of days). It's all about money and politics, all the time.




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