Exhibit 10.1



 


EXHIBIT 10.1



GORDON & SILVER, LTD.

GERALD M. GORDON, ESQ.

Nevada Bar No. 229

WILLIAM M. NOALL, ESQ.

Nevada Bar No. 3549

THOMAS H. FELL, ESQ.

Nevada Bar No. 3717

3960 Howard Hughes Pkwy, 9th Floor

Las Vegas, Nevada 89109

Telephone (702) 796-5555

Facsimile (702) 369-2666

E-mail wmn@gordonsilver.com

Attorneys for Debtors



UNITED STATES BANKRUPTCY COURT

DISTRICT OF NEVADA



In re

FITZGERALDS GAMING

CORPORATION, a Nevada corporation,



Debtor.


	 	 
	oAffects this Debtor	
/
	
	 
	x Affects all Debtors.

	
/
	o Affects FITZGERALDS SOUTH, INC.,

a Nevada corporation,

	
 

/
	o Affects FITZGERALDS RENO, INC.,

a Nevada corporation,

	 

/
	o Affects FITZGERALDS INCORPORATED,

a Nevada corporation,


	
 

/
	o Affects FITZGERALDS LAS VEGAS, INC.,

a Nevada corporation,

	 

/
	o Affects FITZGERALDS MISSISSIPPI, INC.,

a Mississippi corporation,

	 

/
	o Affects FITZGERALDS BLACK HAWK,

INC., a Nevada corporation,

	 

/
	o Affects FITZGERALDS BLACK HAWK II, INC., 
a
Colorado corporation,

	 

/
	o Affects 101 MAIN STREET LIMITED LIABILITY

COMPANY, a Colorado limited

liability company,


	 

         

/
	o Affects FITZGERALDS FREMONT EXPERIENCE

CORPORATION,

a Nevada corporation,


	 

         

/



 






 


Case No. BK-N-00-33467-GWZ Chapter 11

Jointly Administered With:





BK-N-00-33468 (Fitzgeralds South, Inc.)

BK-N-00-33469 (Fitzgeralds Reno, Inc.)

BK-N-00-33470 (Fitzgeralds, Inc.)

BK-N-00-33471 (Fitzgeralds Las Vegas, Inc.)

BK-N-00-33472 (Fitzgeralds Mississippi, Inc.)

BK-N-00-33473 (Fitzgeralds Black Hawk, Inc.)

BK-N-00-33474 (Fitzgeralds Black Hawk II, Inc.)

BK-N-00-33475 (101 Main Street LLC)





BK-N-00-33476 (Fitzgeralds Fremont Experience Corp.)





ORDER CONDITIONALLY: (1) APPROVING ADEQUACY OF DISCLOSURES IN

DEBTORS’ SUPPLEMENTAL DISCLOSURE STATEMENT, (2) SETTING

DEADLINES FOR BALLOTING AND OPPOSING CONFIRMATION OF DEBTORS’

PLAN OF REORGANIZATION AND (3) SETTING CONFIRMATION HEARING;

NOTICE OF CONFIRMATION HEARING







 





Date: March 24, 2003

Time: 2:30 p.m.

Confirmation Hearing Date: April 21, 2003

Confirmation Hearing Time: 1:00 p.m.

Place of Confirmation Hearing: 300 Booth Street

Reno, NV 89509






 


     On December 24, 2003, the Court entered the Order: (1) Approving Adequacy
of Disclosures in Debtors’ Disclosure Statement, (2) Setting Deadlines For
Balloting And Opposing Confirmation of Debtors’ Plan of Reorganization And (3)
Setting Confirmation Hearing; Notice of Confirmation Hearing wherein Debtors’
Disclosure Statement (“Disclosure Statement”) dated December 19, 2002, to
accompany Debtors’ First Amended Plan of Reorganization was approved.



     On March 20, 2003, Debtors’ filed with the Court their Proposed
Supplemental Disclosure Statement to Accompany Debtor’s Second Amended Plan of
Reorganization.



     Debtors’ Proposed Supplemental Disclosure Statement to Accompany Debtors’
Second Amended Plan of Reorganization was heard and considered by the
above-captioned Court on March 24, 2003, at 2:30 p.m., Gerald M. Gordon, Esq.,
of the law firm of Gordon & Silver, Ltd., appeared on behalf of Debtors. All
other parties’ appearances are noted in the record of the proceeding.



     IT IS ORDERED, ADJUDGED AND DECREED AS FOLLOWS:



     1.     The Supplemental Disclosure Statement to Accompany Debtors’ Second
Amended Plan Of Reorganization (“Supplemental Disclosure Statement”) is
conditionally approved and found to satisfy the requirements of 11 U.S.C. §
1125 and LR 3016.



     2.     All persons who were given notice of the hearing on the adequacy of the
disclosures in the Supplemental Disclosure Statement and did not file or voice
an objection at the hearing are deemed to have consented to the relief granted
in this Order.



     3.     The Record Date under the Plan for determining record holders for
voting purposes respecting any and all equity securities and warrants of
Debtors, and the 12.25% Senior Secured Notes due 2004 in the principal amount
of $205,000,000.00, shall be the date this Order is entered by the Court.



     4.     Pursuant to Fed. R. Bankr. P. 3017(d), Debtors shall serve on all
parties-in-interest to the party’s last known address: (i) the Supplemental
Disclosure Statement and Debtors’ Second Amended Plan Of Reorganization
(“Plan”), (ii) a copy of this Order and (iii) a copy of a Ballot, but only on
creditors allowed to vote on the Plan. Any party-in-interest desiring a copy
of the Disclosure Statement may obtain a copy by contacting Gordon & Silver,



2






 




Ltd., Attention Thomas H. Fell, Esq., 3960 Howard Hughes Parkway, Ninth
Floor, Las Vegas, Nevada, 89016, Telephone No. (702) 796-5555.



     5.     Pursuant to Fed. R. Bankr. P. 3017(c), April 14, 2003, is the deadline
on which Debtors must have received all Ballots accepting or rejecting the
Plan, provided Debtors, with the consent of the Informal Committee, may extend
this deadline in their discretion.



     6.     Debtors shall file a ballot summary on or before April 18, 2003.



     7.     The Confirmation Hearing for Debtors’ Plan shall take place at the
United States Bankruptcy Court for the District of Nevada, 300 Booth Street,
Reno, Nevada, 89509, on April 21, 2003, at 1:00 p.m.



     8.     The deadline to file and serve objections to the Supplemental
Disclosure Statement and confirmation of the Plan is April 9, 2003.



     9.     The Court shall issue such further orders as are necessary to carry out
this Order.




	 	 	 
	DATED this      day of March, 2003.

 	 	
/s/ authorized signatory

UNITED STATES BANKRUPTCY JUDGE
	 
	Prepared and Submitted by:	 	 
	 
	 	 	 
	 
	GORDON & SILVER, LTD	 	 




	 	 	 
	By:	/s/ authorized signatory

GERALD M. GORDON, ESQ.

WILLIAM M. NOALL, ESQ.

THOMAS H. FELL, ESQ.

3960 Howard Hughes Pkwy, 9th Floor

Las Vegas, Nevada 89109

Attorneys for Debtors	 
	 	 	 
	APPROVED/DISAPPROVED	
APPROVED/DISAPPROVED
	 	 	 
	HALE LANE PEEK DENNISON

HOWARD & ANDERSON	
ROPES & GRAY
	 	 	 
	By: 	/s/ Pauline Ng Lee	
By:       /s/ authorized signatory
	 	
	


	 	PAULINE NG LEE, ESQ.

Nevada Bar No. 6392

2300 West Sahara Ave., Ste. 800

Las Vegas, NV 89102

Attorneys for Scout Development Corp.	
              D. Ross Martin, Esq.

              One International Place

              Boston, MA 02110-2624

              Attorneys for the Bondholder

              Committee




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