Tools

Mashantucket and lenders extend debt forbearance agreement

By Gale Courey Toensing

MASHANTUCKET, Conn. – The Mashantucket Pequot Tribal Nation, owner of Foxwoods Resort Casino, has reached a new agreement in principle with its senior lenders to extend a debt forbearance agreement as it works to restructure $2.3 billion of debt.

The existing forbearance agreement, which was scheduled to expire Jan. 20, will be extended through April 30, according to a statement released by Director of Public Affairs Joele Frank of Wilkinson Brimmer Katcher, a New York-based public relations firm.

The agreement in principle has been made with a majority of the tribal nation’s lenders and will be finalized and executed shortly, the statement said.

The extended deadline gives Mashantucket more time to work out the details of its debt restructuring.

The statement stressed that the tribal nation’s debt restructuring efforts are separate and distinct from operations at Foxwoods and will not have any impact on guests, employees, suppliers or business partners at Foxwoods or MGM Grand at Foxwoods.

“Foxwoods remains committed to providing its guests with its signature guest service, unparalleled gaming options, the very best in entertainment, and world-class services, dining and amenities,” according to the statement.

Although the tribe does not plan to make any additional comments or provide updates on the discussions with its creditors until they are concluded, the tribal council remains committed to working with its lenders to reach consensual resolutions, the statement said.

Plummeting slot revenues over the past two years as the economy tanked and people had less discretionary cash to spend on gaming, and debt from expansions have combined to throw the tribe into unprecedented financial hard times. The news last August that Mashantucket, owner of the biggest, most successful Indian casino in the country, was looking to restructure $2.3 billion in debt was seismic, sending shockwaves through Indian country and the financial organizations that lend it money.

In November, the tribe announced it had paid only $14 million of a $21.25 million bond interest payment on $500 million in notes and expected to default on the balance, which it did a month later.

Now Mashantucket has the dubious honor of leading Indian country casino owners through the uncharted waters of debt restructuring, loan defaults and forbearance agreements.

A forbearance agreement is typically an agreement to postpone, reduce, or suspend payment due on a loan for a limited and specific time period. Interest that accrues during the forbearance typically remains the debtor’s responsibility. When the forbearance expires the unpaid interest typically is added (capitalized) to the principal balance of the loan.

Typically, the lender agrees not to foreclose on the property or accelerate payments due on the loan during the forbearance period. But foreclosure is not an option in Indian country in any case.

Tribal nations and their creditors are in a unique financial situation in that creditors cannot take over an Indian casino or force the sale of its assets, because of the sovereign status of Indian nations and their lands. Also, it is generally assumed that tribes, as sovereign nations, cannot protect themselves by filing bankruptcy, although that assumption has never been put to the test in a U.S. court.

So all of Indian country – and the financial entities involved in Indian gaming – are closely monitoring how Mashantucket deals with its debt obligation.

“Foxwoods is going to set the precedent,” Greg Guedel, of the Native American Legal Services Group, told Global Gaming Business. “It’s such a significant business enterprise that it is probably going to become a model, good or bad, for whatever happens subsequently.”

Foxwoods’ well-being is also crucial to the state, which receives 25 percent of the casino’s slot revenues.

Mashantucket, which employs around 10,000 people, has contributed nearly $3 billion directly to the state’s economy since 1993 and millions more indirectly through purchases and spill over business.

Meanwhile, slot revenues continued to slide in December compared with the same month in 2008. The nation reported December slot revenue of $44.6 million, a drop from $44.9 million a year earlier.

The state received $11.3 million for December.

You have indicated this comment should be removed.

Close

The comment has been submitted for review. Thank you .

Kinew said on Monday, Feb 1 at 7:02 AM

The modern pequots are made up of black white and latino people. The casino interests made them so they could make a lot of money. They have no native language, no native spiritual teachings no native culture. Like the casino cons you into thinking you can win at the table they also con you on who's Indian.

36749774
Inappropriate? Alert Us!

Tell the Truth & Shame the Devil said on Thursday, Jan 28 at 12:33 PM

The said truth is that some Indigenous people have readily assumed the role of the invaders…the old divide and conquer theory. Many tribes along the NE corridor were the first to face and battle with the invaders. So it is not wonder there did what they could to survive. Centuries later they rose from the ashes like a Phoenix to become a HUGE financial success. All in all, let’s hope that the Mashantucket Pequot Tribal Nation will LEARN from their past (distant and recent) mistakes!

36533179
Inappropriate? Alert Us!

Nochiganeh said on Thursday, Jan 28 at 7:05 AM

Lakota Warrior's statement is racist. It said oppressed people are always looking for someone else to walk on. This is a good example. Very sad.

36514557
Inappropriate? Alert Us!

stoneturtle said on Wednesday, Jan 27 at 10:39 AM

Western/Midwestern tribal entities really need to get a grip with the racial composition of the Eastern Tribes. Yeah we are mixed race, however our survival was necessitated on inter-mingling. We should be creditied with trying to preserve our rights to assert ourselves as who were are...Native Americans. Fact is, esp. in the mid-Atlantic, if you said you were Native you were killed/removed. It's that simple. Many of us did not want to give up our land, so yeah we intermingled...So what!

36448929
Inappropriate? Alert Us!

Lakota Warrior said on Tuesday, Jan 26 at 7:09 PM

Sad to see how much they have achieved and now squaundered. They are not Indians?? They are Black People masquerading as Indians.

36417154
Inappropriate? Alert Us!

Add a comment

Name:

Comment: 1000 Characters Left

By posting a comment, user agrees to all Terms Of Use. Comments may also appear in other website locations and in other Indian Country Today products, without notice and at the discretion of Indian Country Today.

Indian Country Today and its affiliated companies are not responsible for the content of comments posted or for anything arising out of use of the above comments or other interaction among the users. We reserve the right to screen, refuse to post, remove or edit user-generated content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum.

This content requires the latest Adobe Flash Player and a browser with JavaScript enabled. Click here for a free download of the latest Adobe Flash Player.

On Demand