ex101to8k06937_12012010.htm


Exhibit 10.1


 



GORDON SILVER


GERALD M. GORDON, ESQ.


Nevada Bar No. 229


E-mail:  ggordon@gordonsilver.com


THOMAS H. FELL, ESQ.


Nevada Bar No. 3717


E-mail:  tfell@gordonsilver.com



JOHN P. WITUCKI, ESQ.


Nevada Bar No. 10800


E-mail:  jwitucki@gordonsilver.com


3960 Howard Hughes Pkwy., 9th Floor


Las Vegas, Nevada 89169


Telephone (702) 796-5555


Facsimile (702) 369-2666


Attorneys for Debtors







UNITED STATES BANKRUPTCY COURT


FOR THE DISTRICT OF NEVADA


 




	
In re:


 


RIVIERA HOLDINGS CORPORATION


 


o Affects this Debtor.

	
 Case No.:  10-22910-LBR


 Chapter 11 Jointly Administered with:


 


 10-22913-LBR                 Riviera Operating Corp.


 10-22915-LBR                 Riviera Black Hawk, Inc.


 


 Date:     November 8, 2010


 Time:     10:30 a.m.


	
xAffects all Debtors.


	
o Affects RIVIERA OPERATING CORPORATION


	
o Affects RIVIERA BLACK HAWK, INC.









 



ORDER CONFIRMING DEBTORS’ SECOND AMENDED JOINT


PLAN OF REORGANIZATION


 


Riviera Holdings Corporation, a Nevada corporation (“Riviera”), Riviera Operating Corporation, a Nevada corporation (“ROC”), and Riviera Black Hawk, Inc., a Colorado corporation (“RBH” and, together with the foregoing entities, the “Debtors”), the Debtors and Debtors-in-possession, filed their Second Amended Joint Plan of Reorganization (the “Plan”) [Docket No. 257],1 which came on for hearing on November 8, 2010, at 10:30 a.m.











1 All undefined, capitalized terms shall have the meanings ascribed to them in the Plan.






 




  





  











  






 


In accordance with the Findings Of Fact And Conclusions Of Law In Support Of Order Confirming Debtors’ Second Amended Joint Plan Of Reorganization submitted herewith, it having been determined after a hearing on notice that the requirements for confirmation set forth in Sections 1129(a) and (b) of the Bankruptcy Code have been satisfied, and good cause appearing;


 


IT IS HEREBY ORDERED that:


 


The Plan as modified at the hearing is CONFIRMED.  A copy of the confirmed Plan as modified is attached hereto as Exhibit 1.


 


IT IS SO ORDERED.


 


 




	
PREPARED AND SUBMITTED BY:


 


GORDON SILVER

	  	  
	  	  	  	  	  
	
By:

	  	  	  	  
	  	
GERALD M. GORDON, ESQ.


THOMAS H. FELL, ESQ.


JOHN P. WITUCKI, ESQ.


3960 Howard Hughes Pkwy., 9th Fl.


Las Vegas, NV 89169


Counsel for Debtors

	  	  	  
	  	  	  	  	  
	
APPROVED/DISAPPROVED

	  	  	
APPROVED/DISAPPROVED


	  	  	  	  
	
FOX ROTHSCHILD, LLP

	  	  	
SHEA & CARLYON, LTD.


	  	  	  	  	  
	 	 	 	 	 
	
By:

	

Scott K. Charles, Esq.



	  	
By:

	

/s/ Eve H. Karasik, Esq.




	  	
BRETT A. AXELROD, ESQ.


3800 Howard Hughes Pkwy.-Ste 500


Las Vegas, NV 89169


 


and


 


WACHTELL, LIPTON, ROSEN & KATZ


SCOTT K. CHARLES, ESQ.


MICHAEL S. BENN, ESQ.


51 W 52nd St


New York, NY  10019


 


Counsel for the Designated


Consenting Lenders

	  	  	
CANDACE C. CARLYON ESQ.


701 Bridger Avenue, Suite 850


Las Vegas, NV  89101


 


and


 


STUTMAN TREISTER & GLATT PC


EVE H. KARASIK ESQ.


1901 Avenue of the Stars, 12th Floor


Los Angeles, CA  90067-6013


 


Counsel for the Official Committee of Unsecured Creditors





 




  





  











  






 


	
APPROVED/DISAPPROVED

	  	  	
APPROVED/DISAPPROVED


	  	  	  	  
	
OFFICE OF THE UNITED STATES TRUSTEE

	  	  	
CADWALADER, WICKERSHAM & TAFT LLP


	 	 	 	 
	 	 	 	 
	
By:

	  	  	
By:

	

/s/ Michael J. Cohen, Esq.




	  	
EDWARD M. MCDONALD, ESQ.


300 S. Las Vegas Blvd., Suite 4300


Las Vegas, NV 89101


 

	  	  	
SCOTT J. GREENBERG, ESQ.


MICHAEL COHEN, ESQ.


One World Financial Center


New York, NY  10281


Counsel for the Administrative Agent









 






















LR 9021 CERTIFICATION


 


In accordance with LR 9021, counsel submitting this document certifies that the order accurately reflects the court’s ruling and that (check one):










	
      o

	The court waived the requirement of approval under LR 9021(b)(1).





 





	
      o

	
No party appeared at the hearing or filed an objection to the motion.







 



	
      x

	
I have delivered a copy of this proposed order to all counsel who appeared at the hearing, and any unrepresented parties who appeared at the hearing, and each has approved or disapproved the order, or failed to respond, as indicated below [list each party and whether the party has approved, disapproved, or failed to respond to the document]:







 



	
      o

	
I certify that this is a case under Chapter 7 or 13, that I have served a copy of the order with the motion pursuant to LR 9014(g), and that no party has objection to the form or content of the order.

















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