Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Caesars Gets Restructuring Deal with Senior Lenders

Author: Joel R. Glucksman

Date: September 28, 2015

Key Contacts

Back

On Aug. 21, Caesars Entertainment Corp. announced that it had struck a deal with two of its largest debt holders.

This came after it ended negotiations with first-lien creditors who did not approve the company’s massive reorganization plan for its largest operating division, Caesars Entertainment Operating Co.

A bankruptcy judge had previously ruled that the company could not pursue an accelerated appeal from the court’s decision to reject the restructuring plan, which would have enabled bondholders to pursue lawsuits against Caesars.

The approved agreement with senior lenders

The agreement is effective immediately and has now received full support from senior lenders, according to a Bloomberg report. This new deal is significant because it involved its two largest debt holders, with obligations totaling $11.7 billion. Further, the company stated that this is the first step toward establishing a revised restructuring plan in the near future.

Recent bankruptcy filings note that the new agreement would eliminate $19.9 billion in total obligations for the CEOC by redistributing the debt to several new Caesars companies.

Caesars’ original bankruptcy plan rejected

The company filed for Chapter 11 bankruptcy protection for Caesars Entertainment Operating Co. in January. In its bankruptcy plan, Caesars intended to convert the CEOC into a real estate investment trust, which would effectively separate the division into two companies. The CEOC would become a real estate investment trust owning the property and the building as an operating company leasing the casinos.

The company claimed that the CEOC has become insolvent, accounting for $18.4 billion of Caesars Entertainment Corp.’s $22.8 billion debt, the largest debt total in the casino gaming industry. With the move, Caesars would have effectively eliminated $10 billion in debt from its books.

In July, Caesars obtained support for the reorganization plan from 80 percent of its first and second tier debt holders, which would have provided the company with a six-month exit from bankruptcy. However, 20 percent of creditors rejected the deal. In turn, second-lien creditors have filed multiple lawsuits over the transfer of the casino properties into Caesars Growth Partners, which would have been folded back into Caesars Entertainment Co. Caesars’ plan to restructure Caesars Palace, Caesars Atlantic City, Harrah’s Reno and various other regional casino properties still remains in jeopardy with the rejected plan, despite the approved agreement.

In a statement to the court Aug. 17, Caesars explained that it outlined numerous offers for creditors, which included cash payouts between five to ten percent of the value of the CEOC’s first and second-tier bank debt as part of the REIT created with the CEOC. Caesars would then pay out 25 percent of its free cash flow to compensate second-lien creditors and holders of the bank debt on an annual basis. All told, Caesars would make an initial payment of $62.5 million to all creditors. Company officials also explained in court papers that it will not be able to fulfill its debt repayments without reaching a restructuring deal with its full list of creditors.

The future of Caesars after the new agreement

Currently though, the specific details of the rejected plan remain the same, but Caesars is working with its senior debt holders to revise the reorganization of the CEOC.

Caesars also intends to appeal the court’s decision not to accelerate its appeal of the rejected plan by citing four lawsuits sought by bondholders that could potentially force the entire company into insolvency. However, the company still needs most of its second-lien bondholders to approve a new restructuring plan to prevent these lawsuits.

Are you a creditor in a bankruptcy?  Have you been sued by a bankrupt?  If you have any questions about your rights, please contact me, Joel Glucksman, at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
A Whistleblower Just Filed a Complaint Against Your Company: Here's What to Do Now post image

A Whistleblower Just Filed a Complaint Against Your Company: Here's What to Do Now

Few situations create more uncertainty than learning that an employee has filed a whistleblower complaint. Questions arise immediately: Is the allegation legitimate? Should the employee be placed on leave? Do we need to notify our insurance carrier? Are we now prevented from disciplining the employee if there are unrelated ongoing work related issues? There is […]

Author: Sean M. Pena

Link to post with title - "A Whistleblower Just Filed a Complaint Against Your Company: Here's What to Do Now"
Assignment for the Benefit of Creditors: An Alternative to Bankruptcy for Distressed Businesses post image

Assignment for the Benefit of Creditors: An Alternative to Bankruptcy for Distressed Businesses

When a business reaches the point where it can no longer service its debts or otherwise resolve its liabilities, management is often faced with a difficult question: is a bankruptcy filing necessary or is there another way to perform an orderly liquidation or sale of the business assets? While Chapters 7 and 11 of the […]

Author: John D. Giampolo

Link to post with title - "Assignment for the Benefit of Creditors: An Alternative to Bankruptcy for Distressed Businesses"
Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know post image

Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know

For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]

Author: George McGowan

Link to post with title - "Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know"
Estate Planning for Digital Assets Under New Jersey Law post image

Estate Planning for Digital Assets Under New Jersey Law

As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]

Author: Marc J. Comer

Link to post with title - "Estate Planning for Digital Assets Under New Jersey Law"
The Role of Representation and Warranty Insurance in M&A Transactions post image

The Role of Representation and Warranty Insurance in M&A Transactions

In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]

Author: George McGowan

Link to post with title - "The Role of Representation and Warranty Insurance in M&A Transactions"
You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What? post image

You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?

Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]

Author: Sean M. Pena

Link to post with title - "You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!