Thunderbird Resorts Inc.

Thunderbird Resorts Inc.

July 01, 2011 05:16 ET

Thunderbird Resorts Inc.: Philippines Update Motion to Compel PAGCOR to Comply With Injunction Order

PANAMA, REPUBLIC OF PANAMA--(Marketwire - July 1, 2011) - Thunderbird Resorts Inc. ("Thunderbird" or "Group") (FRANKFURT:4TR)(EURONEXT:TBIRD) previously announced that its affiliates in the Philippines, Eastbay Resorts, Inc. ("ERI") and Thunderbird Pilipinas Hotels and Resorts, Inc. ("TPHR") filed lawsuits against the Philippine Amusement & Gaming Corporation ("PAGCOR"). The lawsuits were filed in response to notifications by PAGCOR that it "would initiate cessation proceedings" unless by 3 June 2011 ERI and TPHR provided "written unconditional acceptance" of onerous new Authority to Operate ("ATOs") terms proposed by PAGCOR. The ATOs do not grant the right to PAGCOR to unilaterally impose new conditions and to threaten termination on this basis. Upon presentation of the ERI and TPHR lawsuits, the Court granted 20-day temporary restraining orders ("TROs") enjoining PAGCOR from initiating the threatened cessation proceedings. On 23 June 2011, the Philippine Regional Trial Court issued a "Writ of Preliminary Prohibitory Injunction" directing PAGCOR to cease and desist from initiating and completing cessation or other similar proceedings against TPHR's and ERI's business operations. On 29 June 2011, PAGCOR published a "paid advertisement" in the local Philippine newspapers that the Group believes violates the spirit and intent of the Regional trial judge's writ of prohibitory injunction by making statements that appear to disparage the integrity of our operations. In order to protect our employees and our businesses, ERI and TPHR have filed a motion to compel PAGCOR to comply with the Injunction Order to prevent this sort of propaganda in the future. ERI and TPHR continue to respect the court process and remain confident that the order protecting ERI and TPHR rights to operate shall remain in full force and effect indefinitely unless modified by the court. The Group will continue with its litigation seeking specific performance from PAGCOR to respect the original terms and conditions of the ERI and TPHR ATOs. The trial date has not yet been set by the court.


We are an international provider of branded casino and hospitality services, focused on markets in Central America, South America, Southeast Asia, and India. Our mission is to "create extraordinary experiences for our guests." Additional information about the Group is available on its World Wide Web site at

Cautionary Notice: This release contains certain forward-looking statements within the meaning of the securities laws and regulations of various international, federal, and state jurisdictions. All statements, other than statements of historical fact, included herein, including without limitation, statements regarding potential revenue and future plans and objectives of the Group are forward-looking statements that involve risk and uncertainties. There can be no assurances that such statements will prove to be accurate and actual results could differ materially from those anticipated in such statements. Important factors that could cause actual results to differ materially from the Group's forward-looking statements include competitive pressures, unfavorable changes in regulatory structures, and general risks associated with business, all of which are disclosed under the heading "Risk Factors" and elsewhere in the Group's documents filed from time-to-time with the NYSE Euronext Amsterdam and other regulatory authorities.

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