Annual report pursuant to Section 13 and 15(d)

Variable Interest Entities

v2.4.0.6
Variable Interest Entities
12 Months Ended
Dec. 31, 2011
Variable Interest Entities [Abstract]  
VARIABLE INTEREST ENTITIES

3. VARIABLE INTEREST ENTITIES

GED. The Company’s investment in unconsolidated joint venture is comprised of a 50% ownership interest in GED, a joint venture between the Company and HRI. GED had a management agreement thru August 31, 2011 with Harrington Casino (“Harrington”) (formerly known as Midway Slots and Simulcast), which is located in Harrington, Delaware. Under the terms of the joint venture agreement, as restructured in 2007, the Company received the greater of 50% of GED’s member distribution as prescribed under the joint venture agreement, or a 5% growth rate in its 50% share of GED’s prior year member distribution through the expiration of the GED management contract on August 31, 2011. GED was a variable interest entity due to the fact that the Company had limited exposure to risk of loss. Therefore, the Company did not consolidate, but accounted for its investment using the equity method.

As of the balance sheet dates presented, the Company’s assets and liabilities related to its investment in GED consisted of $0 as of December 31, 2011, and an accounts receivable of $0.7 million as of December 31, 2010 as part of the Management Reorganization Agreement’s guaranteed payments for the year ended December 31, 2011. The GED management contract expired in August 2011. The Company sold its interest in GED to HRI during the fourth quarter of 2011 and our investment in GED was $0 as of December 31, 2011, and $0.2 million as of December 31, 2010, included in other assets.

GED had no non-operating income or expenses, is treated as a partnership for income tax reporting purposes and consequently recognizes no federal or state income tax provision. As a result, income from operations for GED is equal to its net income for each period presented, and there are no material differences between GED’s income for financial and tax reporting purposes. An unaudited summary for GED’s operations follows:

GED CONDENSED BALANCE SHEET INFORMATION

 

      September 30,       September 30,  
    December 31,
2011
    December 31,
2010
 

Total assets

  $ —       $ 426,449  

Total liabilities

    —         41,487  

Members’ capital

    —         384,962  

GED CONDENSED STATEMENT OF INCOME INFORMATION

 

      September 30,       September 30,  
    Twelve Months Ended:  
    December 31,
2011
    December 31,
2010
 

Revenues

  $ 21,291,578     $ 29,807,625  

Net income

    3,507,322       6,392,279  

GEM. The Company directs the day to day operational activities of GEM that significantly impact GEM’s economic performance and therefore is the primary beneficiary pursuant to the relevant portions of FASB ASC Topic 810 “Consolidation” [ASC 810-10-25 Recognition of Variable Interest Entities, paragraphs 38-39]. As such, the joint venture is a variable interest entity that is consolidated in our financial statements.

Management believes the maximum exposure to loss from the Company’s investment in GEM is $8.1 million (before tax impact), which is composed of the Company’s share of contract rights and the Company’s equity investment that is eliminated in consolidation. GEM has no debt or long-term liabilities. GEM’s current assets include the FireKeepers management fee receivable for both dates presented. Long-term assets include $7.9 million and $9.6 million in contract rights as of December 31, 2011 and December 31, 2010, respectively.

 

An unaudited summary of GEM’s operations follows:

GEM CONDENSED BALANCE SHEET INFORMATION

 

      September 30,       September 30,  
    December 31,
2011
    December 31,
2010
 

Current assets

  $ 2,457,133     $ 1,985,419  

Long-term assets

    7,915,754       9,626,458  

Current liabilities

    90,104       446,825  

GEM CONDENSED STATEMENT OF INCOME INFORMATION

 

      September 30,       September 30,  
    Twelve Months Ended:  
    December 31,
2011
    December 30,
2010
 

Revenues

  $ 23,255,587     $ 24,473,066  

Net income

    20,494,045       20,385,489