No deal: Glenn Straub's agreement to buy Revel was
formally terminated Thursday by U.S. Bankruptcy Judge Gloria M. Burns.
The ruling puts Revel, which filed for its second
bankruptcy in June of last year, and then closed in September, back to square
one in its efforts to find a buyer.
It's not clear where Revel's attorneys and other
professionals will turn. The Straub deal is the second to fall apart.
Canadian-based Brookfield Asset Management Inc. walked away from its $110
million offer in November, abandoning its $11 million deposit.
Revel opened in April 2012 and filed for its first
bankruptcy less than a year later after its novel strategies - no smoking, no
dining buffet, no high-end slots area - fell flat with too many gamblers. The
property also had ardent fans, who were wowed by spectacular views from every
room.
It has been for sale since November 2013.
The first attempt, last August, to auction the company
during the current bankruptcy failed to generate bids that were acceptable to
Revel's main lender, Wells Fargo Bank.
Some have speculated that Hard Rock International, a
company owned by the Seminole Indians, could buy it, despite rejecting it early
last year. A Revel attorney said in a recent court hearing that Hard Rock's
interest in Revel was limited to operating a casino there for a new owner, not
in owning the property itself.
Richard Meruelo, who is part of a family that has made at
least two attempts to acquire Atlantic City casinos, attended a Revel
bankruptcy hearing in September and expressed interest in buying the property.
It's not clear if he's still interested.
Straub, who is based in Wellington, Fla., where he owns
the Palm Beach Polo and Country Club, said in an interview Thursday after the
ruling that he would not participate in another round of bidding.
"We're not going to buy it again. We have to move
on," he said.
Burns' decision, following last-ditch negotiations this
week to salvage the deal, also set the stage for another round of litigation in
the case, which Burns called "long and tortured."
In addition to allowing Revel to end the agreement with
Straub - that had required the deal to be completed by Feb. 9 - Burns said that
Revel could keep Straub's $10 million deposit, as called for in the purchase
agreement.
However, she ordered Revel to keep the money in a
segregated account and not spend it unless she issues an order specifically
allowing that.
Straub's attorney, Stuart J. Moskovitz, said that Straub
will appeal the decision allowing Revel to keep the deposit. Moskovitz wanted
the deposit to be kept in escrow, far from the reach of Revel's lawyers and
other advisors, who were paid $14 million through December, according to the
latest monthly operating report.
Revel's lead bankruptcy attorney, John K. Cunningham, of
White & Case L.L.P., told Burns Thursday that Revel wanted to spend the $10
million and would soon ask for permission to do so.
Source: Philly.com
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