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“The wild card is when you actually are in bankruptcy, things change a little bit in terms of the power dynamic, because there is now a judge who's overseeing the entire case. And that judge not only cares about size, he cares about the equities of the case and applying the law.”
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More from Sujit Indap
AssertionSupported
Apollo and TPG transferred Caesars casinos to bankruptcy-remote entities
“Apollo and TPG executed a series of these complex asset deals, asset transfers, financial engineering, where more money is put in the business. They buy casinos from the existing Caesars and Harris Opgo, all in an attempt, ostensibly, to Keep everybody's inves…”
Sujit IndapAug 16, 2021▶ 20:45Max Frumes and Sujeet Indap –Inside the Sausage Factory of the Caesar's Restructuring (Capital Allocators, EP.209)
AssertionSupported
OpCo stock buyers were debt holders benefiting from guarantee release
“And in fact, the hedge funds that bought the stock in Opco were all hedge funds who had debt positions, who were benefiting for the release of that guarantee.”
Sujit IndapAug 16, 2021▶ 27:36Max Frumes and Sujeet Indap –Inside the Sausage Factory of the Caesar's Restructuring (Capital Allocators, EP.209)
AssertionSupported
Caesars restructuring centered on fraudulent conveyance accusations over property transfers
“The mass tort in the case of Caesars is the accusation of fraudulent conveyance in these transactions where many of the top properties of the Caesars opco ended up in these affiliated entities where Apollo owned them, and they were out of the hands of Creditor…”
Sujit IndapAug 16, 2021▶ 34:46Max Frumes and Sujeet Indap –Inside the Sausage Factory of the Caesar's Restructuring (Capital Allocators, EP.209)
Insight
Caesars restructuring became a PE roadmap rather than a cautionary tale
“Caesars ended up being less of a cautionary tale and more of a roadmap, and the reason for that, I think, is very simple. People realized that after this deal, Apollo raises a twenty-five billion dollar fund, and the LP community didn't really penalize them, a…”
Sujit IndapAug 16, 2021▶ 45:32Max Frumes and Sujeet Indap –Inside the Sausage Factory of the Caesar's Restructuring (Capital Allocators, EP.209)
AssertionSupported
Pre-LBO Harrah's bonds were subordinated to the bottom of OpCo
“And there was also some pre LBO Harrah's debt, which the covenants and the documents didn't call for it to be repaid. So all those bonds were unsecured. They were investment grade bonds, so they were relatively low risk at the time. Since those didn't get refi…”
Sujit IndapAug 16, 2021▶ 15:59Max Frumes and Sujeet Indap –Inside the Sausage Factory of the Caesar's Restructuring (Capital Allocators, EP.209)
AssertionSupported
Caesars eliminated its parent guarantee by selling OpCo equity
“The guarantee can go away according to the indentures through three different conditions. One of those conditions is if the OPCO is no longer a wholly owned subsidiary. So if they sell five percent or some portion of the OPCO stock to third parties, the guaran…”
Sujit IndapAug 16, 2021▶ 26:58Max Frumes and Sujeet Indap –Inside the Sausage Factory of the Caesar's Restructuring (Capital Allocators, EP.209)
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