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Herbst plan may serve as model

Attorneys Gerald Gordon and Erika Pike Turner believe they have seen the future of some Las Vegas casino operators in the bankruptcy of Herbst Gaming Inc. and affiliated companies.

Herbst lost its casinos and slot routes as a result of bankruptcy. But the lawyers at Gordon Silver say the Herbst bankruptcy also left a legacy for the gaming industry -- a blueprint for how to restructure a casino company and leave an ongoing business for customers, employees and creditors.


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  • And if the recession continues in Southern Nevada, other casino operators are likely to follow the blueprint crafted for Herbst, according to attorneys at Gordon Silver who represented Herbst in bankruptcy court.

    David Ehlers, chairman of Las Vegas Investment Advisors, agreed, calling the Herbst bankruptcy "a road map for what is going to happen in the future."

    Although analysts are not predicting which casino operators will file for bankruptcy, most of the major Strip casino operators are struggling under huge debt burdens. Two gaming companies are now in bankruptcy.

    Station Casinos, which focused on the locals casino market, and Fontainebleau, which stopped construction after banks cut off financing, are going through Chapter 11 bankruptcies.

    Herbst Gaming, a family-owned casino and slot-route operator, filed for Chapter 11 bankruptcy in March.

    In October, Judge Gregg Zive of Reno approved a reorganization plan. Banks with $847.5 million in secured loans received $350 million restructured debt for part of their claims and ownership in the company for the rest. Trade creditors, such as suppliers and companies that provide services to Herbst, were paid.

    Subordinated bondholders and the Herbst family, which owned the enterprise, got nothing.

    The lack of assets for unsecured bondholders led to desperate battles in bankruptcy court, Turner said. While attorneys for the unsecured creditors did their best, they could not fight the facts and laws that said unsecured creditors were entitled to nothing, she said.

    "Bat for the fences when you have nothing to lose," Turner said of the unsecured creditors' effort. "This is going to come up time and time again (in other casino Chapter 11 cases)."

    "(Bankruptcy is) an effective system, not a pleasant system," Gordon, the debtors' lead attorney, said.

    On the other hand, he said, "your employees are still paid. Your taxes are still paid. You're servicing your customers. You are now able to maintain your properties."

    Even after a bankruptcy, a company's former owners can end up having some role either in management or they can earn back an ownership stake, he said.

    That's what happened with the Herbst case where the Herbst brothers -- Troy, Edwards and Timothy -- will remain as directors of the company with Troy Herbst CEO of the new company.

    That's the scenario for the good casinos, he said. Outdated casinos may be liquidated and razed.

    Gordon expects the Herbst Gaming story line to be repeated again in bankruptcy court as other operators hit the wall.

    The company was relatively small a few years ago with $300 million in debt. The Herbst brothers decided to expand. The casino industry was pumping out steady cash flow, and interest rates on debt were low.

    One of Herbst Gaming's biggest deals -- the acquisition of Whiskey Pete's, Buffalo Bill's and the Primm Valley Resort at the California-Nevada border -- closed in April 2007 right before the economy started to go into a tailspin.

    By the end of that year, Herbst Gaming was carrying $1.15 billion in debt.

    At the time, Herbst Gaming was worried about Nevada's new smoking ban on bars with restaurants and feared the ban would drive away good customers.

    The properties at Primm seemed like a way to reduce reliance on slot routes, which included bars and restaurants.

    As the economy began to slip, operators were reminded that it was difficult to increase their hold on slot machines to boost income, because gamblers can go to competitors with looser machines, Gordon said. Casinos had been raking in big profit margins on gift shops, restaurants and retail shops, but sales at these side ventures started drying up.

    Casino values are based on cash flow defined as earnings before interest, taxes, depreciation and amortization, Gordon said. So the value of casinos is shrinking along with their cash flow.

    "The economy is still not recovering, and gaming is still not recovering," Gordon said. "It is a one-industry state. Gaming drives construction. Gaming drives housing. Michigan is probably a more diverse economy than Nevada in many ways."

    About 120 holders of secured debt were left with ownership stakes in Herbst Gaming. They include Wells Fargo Bank, U.S. Bank, Bank of Scotland, American International Group, Highland Capital Management and Apollo Investment Corp.

    They may sell the gaming enterprise through an initial public offering for stock in the reorganized company -- although Ehlers doubts Wall Street will have much appetite for casino stocks in the near term.

    In other casino bankruptcy cases, an investor may buy debt from the casino operator and end up owning the company when it emerges from bankruptcy court, Gordon said.

    Contact reporter John G. Edwards at jedwards@reviewjournal.com or 702-383-0420.

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    Laz wrote on November 28, 2009 06:56 PM: Herbst Oil Company??? That was daddy's. He is a hard knock businessman and he built his business. The brats built nothing that hasn't failed. Try winning in your trophy truck some time...


    Model wrote on November 28, 2009 06:43 PM: Serve as a model? For what? Poor management. Greedy and inept management is not a model in any circumstance. During a down-economy or any economy for that matter, management 101 will find a way to survive. Not the case with Herbst. Let's have a real writer re-report this story.


    ex gambler wrote on November 28, 2009 03:06 PM: Subordinated bondholders and the Herbst family, which owned the enterprise, got nothing.

    WE WOULD ALL LOVE THIS OUTCOME FOR THE FERTITTAS.

    The Gaming Board was more worried about the mob owning too much than they are of some wall street thugs ripping off the joints.

    ARE THEY REALLY...

    http://www.americanmafia.com/inside_vegas/12-5-05_Inside_Vegas.html


    TimeRanger wrote on November 28, 2009 02:18 PM: Laz - for some reason you think that Herbst's luxuries were all paid for from gaming. I guess you never considered the fact that their core business is Herbst Oil Company?


    dgump wrote on November 28, 2009 12:45 PM: Even though the Herbst brothers are on the Board of Directors, you can be assured there are another five directors who are appointed by the banker/new owners which will have the majority vote for all major decisions.... This case shows that the template for Chapter 11s is that the secured lenders will own the properties; unless the existing owners inject significant new capital into the new ownership entity (this could have resulted in the Herbsts retaining ownership, but they dont have the money)....I believe that Stations BK is much different. Stations owners have fresh money to inject and will retain ownership on a huge cramdown, but will need to inject at least $500M (from Fertittas and Barrack) to retain full ownership. dgump


    thye man wrote on November 28, 2009 10:33 AM: You would think, the Gaming Board would grow a backbone, or at least some sort of a spine and step in to this BK mess in Vegas.

    here you have one company who is giving away the operation and letting the ones who drove it into BK, to keep their jobs.

    Where is the integrity of the industry they are suppose to uphold? The Gaming Board is to protect the gamblers and the marketplace.

    The Gaming Board was more worried about the mob owning too much than they are of some wall street thugs ripping off the joints.

    On top of that, you have one BK operation (Harrah's) buying another BK operation (Planet Ho) and the Gaming Board is sleeping while the jobs are lost, the money is siphoned off and the tourists flock elsewhere.



    Laz wrote on November 28, 2009 09:16 AM: Great. All we need is a positive story about some spoiled idiots who ruined a town, added many to the unemployment lines and can't cut back their own expenses (helicopters, jets, yachts, vacation homes, trophy trucks - all the required tools of bankruptcy). Their management skills are going to leave more bargains for true businessmen who clean up after second and third generation spoiled kids. Way to go creditors - give the operations to morons who have already destroyed their own gaming enterprises. How can anyone kill a casino when it's an automatic ATM machine? Only greed will do it (see the Fertitta's in other news).