PANAMA CITY, REPUBLIC OF PANAMA--(Marketwire - Nov. 25,
2009) - Thunderbird Resorts Inc. (the "Group "or "Thunderbird") (FRANKFURT:4TR)(EURONEXT:TBIRD)
announces:
Panama's Director of Gaming
(the "Director") issued a non-public "Directive" in late October ("the
Directive") to the Group's Panama subsidiary, International Thunderbird Gaming
(Panama) Corporation ("Fiesta-Panama"). This Directive claims that
Fiesta-Panama's board of directors is not properly "certified". Additionally,
the Director claims that Fiesta-Panama's operations sustained operating losses
and alleged other incorrect statements relating to Fiesta-Panama and the
Group's financial condition. As disclosed in the Group's Q3 2009 Interim
Management Statement filed on 11 November 2009, our financial statements
clearly set forth that these assertions are incorrect. Fiesta-Panama is and has
been profitable and is current in its debt and vendor payments. In November,
Fiesta-Panama presented a "constitutional warning" which is now before the
Supreme Court of Panama challenging the constitutionality of the law relied
upon by the Director. According to the laws of Panama, the "constitutional
warning" requires the Directive to be held in abeyance pending review by the
Supreme Court. Furthermore, the "constitutional warning" requires the Panama
Gaming Control Board to "cease and desist" from taking any and all
actions that they have attempted to undertake with respect to the Directive.
The presently constituted board of directors had submitted requests in a timely
manner for certification from the Gaming Control Board. As of 25 November 2009,
the Director sought to insert three appointed individuals as members of the
board of directors of Fiesta-Panama, despite such action being in clear
violation of Panama law as confirmed by our legal advisors.
The Panama General Revenue
Office of the Economy and Finance Department has recently issued a non-public
resolution to Fiesta-Panama relying on "circumstantial evidence" to conclude
that a preliminary tax assessment of $3.6 million is owed by Fiesta-Panama. As
a result of this "preliminary audit", a government administrator was appointed
to monitor the Fiesta-Panama operations while the Group's six Fiesta-Panama
casinos continue to operate the business as normal. The "preliminary audit
report" provided no support on how the tax was calculated. This preliminary tax
assessment is subject to final audit findings. We believe these actions taken
by the tax authorities will be set aside once the final audit findings are determined.
Fiesta-Panama's audits and tax filings have always been conducted by
independent, internationally renowned audit and tax preparer firms.
The above mentioned
proceedings initiated by the Gaming Control Board and the Panama General
Revenue Office of the Economy and Finance Department were believed to be
non-public confidential matters under Panama law as final outcomes have not
been determined. Now, in light of the recent news stories that have appeared in
Panama containing certain false information regarding the Group and the
aforementioned proceedings involving Fiesta-Panama, this press release is being
issued to explain the Group's position . Neither the Group nor Fiesta-Panama
will "litigate" its legal proceedings in the press. While we are extremely
disappointed by the actions of certain misinformed government officials, we
will continue to cooperate and provide the government with all requested and
relevant information that supports our position. At the same time,
Fiesta-Panama (as it has for the past 11 years) will provide the same quality
services to our clients and will provide a secure place of employment for our
more than 1,200 valued Panama employees while maintaining our excellent credit
rating with lenders and providers. Thunderbird and Fiesta-Panama will continue
to challenge the aforementioned actions but will not engage in responding to
false rumors and misrepresentations.
ABOUT THE COMPANY
Thunderbird Resorts Inc. is an
international provider of branded casino and hospitality services, focused on
markets in Central and, South America, Southeast Asia, India and Eastern
Europe. Our mission is to "create extraordinary experiences for our guests."
Additional information about the Group is available on its World Wide Web site
at www.thunderbirdresorts.com.
Cautionary Note with regard to "forward-looking statements"
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 sales and future
plans and objectives of the Thunderbird Resorts Inc. (the "Group" or the
"Company") 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 Euronext Amsterdam by NYSE Euronext ("Euronext
Amsterdam"), the regulated market of Euronext Amsterdam N.V. and with various
Canadian Securities commissions as well as other regulatory authorities.