Herbst Gaming, Inc. announced that it has reached agreement with lenders
holding approximately 68 percent of the loans under its Senior Credit Facility
on a financial restructuring plan. Under the proposed restructuring plan, all
operations of the company will continue under current management on a
"business as usual" basis throughout the restructuring process. The
proposed restructuring plan allows for continued timely payments to vendors
under normal trade terms, as currently being made, without interruption.
"All of our casinos and the route business are
generating positive EBITDA, even in the current challenging economic
environment," said Troy Herbst, CEO of Herbst Gaming. "Our problem is
a balance sheet issue; we have more debt than our operations can support. This
agreement with our bank lenders is designed to resolve our balance sheet
problem by restructuring our debt."
Given the size and complexity of the company and its
debt structure, the company and its financial advisors have determined that the
most effective means to implement the plan will be through pre-arranged Chapter
11 filings by the company and certain of its subsidiaries, which are expected
to take place shortly. The company expects that the Chapter 11 cases will move
through the bankruptcy court system expeditiously.
"To ensure that all of our operations continue to
operate normally throughout this process, the proposed restructuring plan
provides that all vendors would be paid on the same current terms on which they
presently are being paid for all goods and services provided to Herbst Gaming,
including goods and services provided immediately prior to the contemplated
Chapter 11 filing," Herbst said.
Under the terms of the proposed restructuring plan, the
company's casino and slot route business will be separated into two holding
companies. The plan provides that the Herbst family will receive 90% of the new
equity in the new slot route company in exchange for the contribution of a new
gaming device license agreement.
The restructuring plan also provides for conversion of
all the company's outstanding obligations under its Senior Credit Facility
(currently approximately $847 million plus accrued and unpaid interest) into
debt and equity of the reorganized companies, with the bank lenders receiving
100% of the new equity of the reorganized casino company and the reorganized
casino company owning 10% of the new equity in the new slot route business.
Additionally, the plan provides for termination of all
outstanding obligations under the company's 8.125 percent Senior Subordinated
Notes and 7 percent Senior Subordinated Notes ($330 million, plus accrued and
unpaid interest), as well as the cancellation of all existing equity in the
company.
Consummation of the proposed restructuring plan is
subject to, among other things, the confirmation of a Chapter 11 plan of
reorganization by the U.S. Bankruptcy Court and approval by gaming regulators
in Nevada, Missouri and Iowa.
"My brothers and I want to say how pleased we are
that we are able to resolve the company's financial issues in a way that helps
to protect the jobs of our valued employees, ensures that all our loyal vendors
will be paid fully, and that all our casinos and route operations will continue
to function on a 'business as usual' basis throughout the restructuring
process. Neither our customers or vendors should experience any impact from our
planned financial restructuring and change of ownership of the casino
businesses," Mr. Herbst concluded.
Herbst's route business owns and operates more than
6,800 gaming machines located in grocery stores, drug stores, convenience
stores, bars and restaurants throughout the state of Nevada.
The casino business owns and operates 12 casinos in
Nevada, two in Missouri, and one in Iowa, employing a total of 5,400 people.