Minutes of the Special Public Meeting
July 27, 2009
Page 1
MINUTES - SPECIAL MEETING NO. 09-07-27
July 27,2009
11:00 a.m.
New Jersey Casino Control Commission
Joseph P. Lordi Public Meeting Room - First Floor
Tennessee Avenue & Boardwalk
Atlantic City, New Jersey
PRESIDING: Chair Linda M. Kassekert
PRESENT: Vice Chair Michael C. Epps and Commissioners
Sharon Anne Harrington and William T. Sommeling
Subsequent to the reading of a statement of compliance with the notice requirements
of the Open Public Meetings Act and roll call, the Commission considered the following matters:
Considered the Amended and Supplemented Petition of the Steering Committee of Secured Lenders for approval of an Organizational Structure, and for other relief (PRN 1590901); and
Amended and Supplemented Petition of Tropicana Entertainment, LLC., ET AL., for a Declaratory Ruling concerning, inter alia, The Qualification Status of William J. Yung, III (PRN 3390801).
The Commission received into evidence the following exhibits: D-1 and D-2 from the Division of Gaming Enforcement; and P-1 to P-43 from the Steering Committee of Secured Lenders.
The Commission received opening statements from Gilbert Brooks, Esq., Counsel for the Steering Committee of Secured Lenders; John Adams, Deputy Attorney General, for the Division of Gaming Enforcementand Paul M. O’Gara, Esq., Counsel for Tropicana Entertainment, LLC.
The Commission heard the testimony of Marc Kieselstein, Partner, Kirkland & Ellis, LLP; Marc H. Rubinstein, Senior Vice President, Law and Administration; Secretary, Tropicana Entertainment, LLC; and Scott C. Butera President and Chief Executive Officer, Tropicana Entertainment, LLC. (transcript of July 27, 2009 –AM Session – pages 1-104).
A recess was taken and the Commission reconvened at 2:14 p.m.
The Commission resumed the hearing and heard the testimony of Kenneth Shea, Managing Director, Icahn Capital, LP; Mark Giannantonio, President and Chief Operating Officer, Adamar of NJ, Inc; and Vincent J. Intrieri, Director, Icahn Enterprise, GP., Inc.
The Commission received closing statements from Gilbert Brooks, Esq., Counsel for the Steering Committee of Secured Lenders; and John Adams, Deputy Attorney General, for the Division of Gaming Enforcement. The Chair closed the record and Reserved Decision. (transcript of July 27, 2009 – PM Session – pages 1-105).
There being no members of the public to address the Commission, the meeting adjourned at 4:35 p.m.
*Lists of individuals acted upon at this meeting have been documented by exhibit number. Commission rulings are documented in orders or resolutions. These lists, rulings and official transcripts are available for public review at the Commission offices located at the corner of Tennessee Avenue and the Boardwalk, Atlantic City, New Jersey.
These minutes remain subject to amendment until such time as they are formally ratified by the New Jersey Casino Control Commission.
C E R T I F I C A T I O N
I, Dianna W. Fauntleroy, Executive Secretary of the New Jersey Casino Control Commission, DO HEREBY CERTIFY that the foregoing Minutes of the Open Session conducted on July 27, 2009, are true and correct.
______Dianna W. Fauntleroy, Esq.
Executive Secretary