Fitzgeralds Gaming Corp., Exhibit 10.3



 


EXHIBIT 10.3


[GORDAN & SILVER, LTD. LETTERHEAD]


GORDAN & SILVER, LTD.

GERALD M. GORDAN, 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.



	 	 	 
	o Affects 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 (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


 


 


 


 


Date:  December 2, 2002

Time:  10:00 a.m.



	 	 	 
	 	 	 
	Confirmation Hearing Date:	 	
February 10, 2003
	Confirmation Hearing Time:	 	
2:00 p.m.
	Place of Confirmation Hearing:	 	
300 Booth Street

Reno, NV 89509




 



 






 


     Debtor’s Motion for Order (1) Approving Adequacy of Disclosures in Debtors’
Disclosure Statement, and (2) Setting Deadlines for Balloting and Opposing
Confirmation of Debtors’ Plan of Reorganization (the “Motion”) was heard and
considered by the above-captioned Court on December 2, 2002, at 10:00 a.m.
Thomas H. Fell, 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.


     The Court considered the Motion, the Amendment to Exhibit “1” to the
Motion for Order (1) Approving Adequacy of Disclosures in Debtors’ Disclosure
Statement, and (2) Setting Deadlines for Balloting and Opposing Confirmation of
Debtors’ Plan of Reorganization, the papers and pleadings in the Court’s file
and the arguments presented at the time of the hearing. Good cause appearing
therefore;


     IT IS ORDERED, ADJUDGED AND DECREED AS FOLLOWS:


          1. The Motion is granted in its entirety.



          2. The Disclosure Statement to Accompany Debtors’ First Amended
Plan Of Reorganization (“Disclosure Statement”) is approved and found to
satisfy the requirements of 11 U.S.C. sec. 1125 and LR 3016.



          3. All persons who were given notice of the hearing on the Motion
and did not file or voice an objection at the hearing are deemed to have
consented to the relief granted in this Order.



          4. 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.



          5. Pursuant to Fed. R. Bankr. P. 3017(d), Debtors shall serve on
all parties-in-interest to the party’s last known address: (i) a CD-ROM
containing the Disclosure Statement and Debtors’ First Amended Plan Of
Reorganization (“Plan”), (ii) a copy of this Order, (iii) a copy of a Ballot
(using the Official Form), but only on creditors allowed to vote on the Plan,
and (iv) a letter advising that a printed copy of the Disclosure Statement and
the Plan may be obtained on request given to Debtors’ counsel.



2






 


          6. Pursuant to Fed. R. Bankr. P. 3017(c), February 3, 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 its discretion.



          7. Debtors shall file a ballot summary on or before February 6,
2003.



          8. 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 February 10, 2003, at 2:00 p.m.



          9. The deadline to file and serve objections to confirmation of the
Plan shall be January 31, 2003.



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



          DATED this 24 day of December, 2002.




	 	 	 
	 	 	
GREGG W. ZIVE
	 	 	


	 	 	
UNITED STATES BANKRUPTCY JUDGE




	 	 	 	 	 
	Prepared and Submitted by:	 	 
	 	 	 	 	 
	GORDON & SILVER, LTD.	 	 
	 	 	 	 	 
	By:	 	
/s/ Illegible	 	 
	 	 	

	 	 
	 	 	
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	 	 
	 	 	 	 	 
	HALE LANE PEEK DENNISON

HOWARD & ANDERSON	 	 
	 	 	 	 	 
	By:	 	
/s/ PAULINE NG LEE	 	 
	 	 	

	 	 
	 	 	
PAULINE NG LEE, ESQ.

Nevada Bar No. 6392

2300 West Sahara Ave., Ste. 800

Las Vegas, NV 89102

Attorneys for Scout Development Corp.	 	 




3