Below are selected documents from the lawsuit commenced on June 15, 2015, by UMB Bank, N.A., solely in its capacity as successor Indenture Trustee for the Caesars Entertainment Operating Company, Inc. 11.25% Notes due 2017, 8.5% Senior Secured Notes due 2020 and 9% Senior Secured Notes due 2020 (2 tranches issued under separate indentures) (collectively, the “First Lien Notes”), against Caesars Entertainment Corporation (CEC) in U.S. District Court for the Southern District of New York, Case No. 15-cv-4634. 

The lawsuit seeks a declaratory judgment “recognizing that [CEC’s] self-declared, completely non-consensual purported ‘release’ of its obligations as Parent Guarantor under the First Lien Indentures is void for violation of both the [TIA] and the express terms of the First Lien Indentures themselves.” The specific claims asserted in the UMB bank complaint are for (1) breach of contract, (2) declaratory judgment that the guarantee are in full force and effect, (3) violations of the TIA, (4) breach of duty of good faith and fair dealing, and (5) payment of costs and expenses.  

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May 2016

Declaration of Andrew Silfen in Support of Plaintiffs BOKF and UMB's Motion for Partial Summary Judgment, May 10, 2016

Declaration of George Kubin in Support of Plaintiffs BOKF and UMB's Motion for Partial Summary Judgment, May 10, 2016

Declaration of Gavin Wilkinson in Support of Plaintiffs BOKF and UMB's Motion for Partial Summary Judgment, May 10, 2016

BOKF & UMB Rule 56.1 Statement of Undisputed Material Facts in Support of Motion for Partial Summary Judgment, May 10, 2016

Memorandum of Law in Support of Plaintffs BOKF and UMB's Motion for Partial Summary Judgment, May 10, 2016

February 2016

Letter to Judge Scheindlin from Counsel for BOKF and UMB seeking guidance in light of Bankruptcy Court Stay Decision, filed Feb. 26, 2016

January 2016

Memorandum Opinion and Order, entered January 5, 2016

December 2015

BOKF N.A. and UMB Bank N.A.'s Reply Memorandum of Law in Further Support of Motion for Partial Summary Judgment, filed December 11, 2015

Reifsnyder Expert Declaration, filed December 4, 2015

Gadsden Expert Declaration, filed December 4, 2015

Sambur Declaration in Support of CEC's Opposition to Plaintiffs' Motions for Partial Summary Judgment, filed December 4, 2015

CEC's Memorandum of Law in Opposition to BOKF, N.A. and UMB Bank's Motions for Partial Summary Judgment, filed December 4, 2015

November 2015

Silfen Declaration in Support of Plaintiffs' Motion for Partial Summary Judgment, filed Nov. 20, 2015

Memorandum of Law in Support of Motion by Plaintiffs BOKF and UMB for Partial Summary Judgment, filed Nov. 20, 2015

Rule 56.1 Statement by BOKF and UMB Bank, filed Nov. 20, 2015

August 2015

Opinion and Order on Motion for Partial Summary Judgment, entered August 27, 2015

UMB Bank's Joinder to BOKF NA's Objections to Proffered Gadsden Expert Declaration

UMB Bank's Reply Memorandum of Law in Further Support of Its Motion for Partial Summary Judgment

June 2015

UMB Bank, N.A. Memorandum of Law in Support of Motion for Partial Summary Judgment, filed June 26, 2015

Related Case Statement, UMB Bank v. CEC, June 15, 2015

Complaint for Declaratory Judgment by UMB Bank, N.A., as trustee, against CEC, filed June 15, 2015