UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: GREEKTOWN HOLDINGS, LLC, et al. 1, Debtors. Case No. 08-53104 Chapter 11 Jointly Administered Honorable Walter Shapero STIPULATION TO ENTRY OF NINTH ORDER EXTENDING CLAIM OBJECTION DEADLINE AS TO ALL CLAIMS FILED BY OR ON BEHALF OF THE SAULT STE. MARIE TRIBE OF CHIPPEWA INDIANS AND THE KEWADIN CASINOS GAMING AUTHORITY Buchwald Capital Advisors LLC, solely in its capacity as Trustee of the Greektown Distribution Trust, the Sault Ste. Marie Tribe of Chippewa Indians, and the Kewadin Casinos Gaming Authority stipulate to entry of the Ninth Order Extending Claim Objection Deadline as to All Claims Filed by or on Behalf of the Sault Ste. Marie Tribe of Chippewa Indians and the Kewadin Casinos Gaming Authority, attached hereto as Exhibit A. 1 The Debtors bankruptcy cases - Greektown Casino, L.L.C. Case No. 08-53106; Holdings II, Inc., Case No. 08-53108; Contract Builders Corporation, Case No. 08-53110; Realty Equity Company Inc., Case No. 08-53112; and Trappers GC Partner, LLC, Case No. 08-53111 - are jointly administered with Greektown Holdings, L.L.C., Case No. 08-53104 (together the Cases. The Reorganized Debtors were reorganized pursuant to the Order Confirming the Second Amended Joint Plans of Reorganization for the Debtors Proposed by Noteholder Plan Proponents Including Official Committee of Unsecured Creditors and Indenture Trustee at Docket No. 2046 (as amended (the Confirmation Order. 203973511.2 34959/137209 08-53104-wsd Doc 3928 Filed 01/20/16 Entered 01/20/16 14:20:53 Page 1 of 6
STIPULATED AND AGREED TO BY: CLARK HILL PLC By: /s/ Joel D. Applebaum Joel D. Applebaum (P36774 Linda M Watson (P45320 Shannon L. Deeby (P60242 151 S. Old Woodward Avenue, Suite 200 Birmingham, MI 48009 (248 642-9692 japplebaum@clarkhill.com lwatson@clarkhill.com sdeeby@clarkhill.com FROST BROWN TODD LLC By: /s/ Douglas L. Lutz (w/consent Douglas L. Lutz (Ohio Bar No. 0064761 Grant S. Cowan (Ohio Bar No. 0029667 2200 PNC Center 201 East Fifth Street Cincinnati, Ohio 45202 (513 651-6800 dlutz@fbtlaw.com gcowan @fbtlaw.com Attorneys for Plaintiff, Buchwald Capital Advisors LLC, solely in its capacity as Trustee of the Greektown Distribution Trust Attorneys for the Sault Ste. Marie Tribe of Chippewa Indians and the Kewadin Casinos Gaming Authority 2 08-53104-wsd Doc 3928 Filed 01/20/16 Entered 01/20/16 14:20:53 Page 2 of 6
EX HIBIT A 08-53104-wsd Doc 3928 Filed 01/20/16 Entered 01/20/16 14:20:53 Page 3 of 6
UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: GREEKTOWN HOLDINGS, LLC, et al. 1, Debtors. Case No. 08-53104 Chapter 11 Jointly Administered Honorable Walter Shapero NINTH ORDER EXTENDING CLAIM OBJECTION DEADLINE AS TO ALL CLAIMS FILED BY OR ON BEHALF OF THE SAULT STE. MARIE TRIBE OF CHIPPEWA INDIANS AND THE KEWADIN CASINOS GAMING AUTHORITY This matter comes before the Court upon the Stipulation of Buchwald Capital Advisors LLC, solely in its capacity as Trustee of the Greektown Distribution Trust (the Trustee, Sault Ste. Marie Tribe of Chippewa Indians (the Sault Ste. Marie Tribe, and the Kewadin Casinos Gaming Authority ( Kewadin and together with the Sault Ste. Marie Tribe, the Tribe ; the Claim Objection Deadline 2, as such term is defined in section 1.2.33 of the Plan, being currently set to expire on January 31, 2016 as set forth in the Eighth Order Extending Claim Objection Deadline as to All Claims Filed by or on Behalf of the Sault Ste. Marie Tribe of Chippewa Indians and the Kewadin Casinos Gaming Authority [Docket No. 3836]; the Sault Ste. Marie 1 The Debtors bankruptcy cases - Greektown Casino, L.L.C. Case No. 08-53106; Holdings II, Inc., Case No. 08-53108; Contract Builders Corporation, Case No. 08-53110; Realty Equity Company Inc., Case No. 08-53112; and Trappers GC Partner, LLC, Case No. 08-53111 - are jointly administered with Greektown Holdings, L.L.C., Case No. 08-53104 (together the Cases. The Reorganized Debtors were reorganized pursuant to the Order Confirming the Second Amended Joint Plans of Reorganization for the Debtors Proposed by Noteholder Plan Proponents Including Official Committee of Unsecured Creditors and Indenture Trustee at Docket No. 2046 (as amended (the Confirmation Order. 2 Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Second Amended Joint Plans of Reorganization for the Debtors Proposed by Noteholder Plan Proponents Including Official Committee of Unsecured Creditors and Indenture Trustee [Docket No. 1907] (the Plan. 08-53104-wsd Doc 3928 Filed 01/20/16 Entered 01/20/16 14:20:53 Page 4 of 6
Tribe, through its MIS Department having filed a general unsecured claim in the amount of $675,139.62 against the estate of Greektown Casino, L.L.C., which Claim was recorded on the Claims Register maintained by the Claims Agent as Claim No. 169 (the MIS Claim ; the Sault Ste. Marie Tribe having filed a general unsecured claim in the amount of $1,357,612.25 against the estate of Greektown Casino, L.L.C., which Claim was recorded on the Claims Register maintained by the Claims Agent as Claim No. 282 (the Sault Ste. Marie Tribe Claim ; Kewadin having filed a general unsecured claim in the amount of $550,000.00 against the estate of Greektown Casino, L.L.C., which Claim was recorded on the Claims Register maintained by the Claims Agent as Claim No. 283 (the Kewadin Claim and, together with the MIS Claim and the Sault Ste. Marie Tribe Claim, the Tribe Claims ; the Trustee intending to object to the Tribe Claims; the Tribe intending to assert defenses to any claim objection filed by the Trustee; the Trustee and the Tribe being parties to two adversary proceedings (the Adversary Proceedings, the outcomes of which may completely or partially resolve the Trustee s objections to the Tribe Claims: NOW, THEREFORE, IT IS HEREBY ORDERED THAT: 1. The Claim Objection Deadline is extended until January 31, 2017 with respect to the Tribe. 2. The Trustee may object, on any basis and for any reason, to any claim filed by or on behalf of the Tribe, including, but not limited to the Tribe Claims, and any other scheduled or filed claims on or before January 31, 2017. 3. Nothing in this Order shall prohibit or prevent the Trustee and/or the Tribe from stipulating to further extensions of the Claim Objection Deadline as to any Claim filed by or on behalf of the Tribe. 2 08-53104-wsd Doc 3928 Filed 01/20/16 Entered 01/20/16 14:20:53 Page 5 of 6
4. Nothing in this Order shall prohibit or prevent the Trustee from seeking to further extend the Claim Objection Deadline with respect to any and all Claims filed by or on behalf of the Tribe by motion. 5. Nothing in this Order shall be construed as an admission, by the Trustee or by the Tribe, with respect to the Tribe Claims or any other Claim filed by or on behalf of the Tribe, including any scheduled claims. 6. Nothing contained in this Order shall be construed as a waiver of any objection that the Trustee may assert to any Claim filed by or on behalf of the Tribe, including any scheduled claims. 7. Nothing contained in this Order shall be construed as a waiver of any defense that the Tribe may assert to any such objection filed or asserted by the Trustee. 8. Nothing in this Order: (a shall be construed as a consent or admission by the Sault Ste. Marie Tribe or Kewadin that this Court has subject matter jurisdiction over the Adversary Proceedings and is not a waiver by the Sault Ste. Marie Tribe or Kewadin of their sovereign immunity against unconsented suit in the Adversary Proceedings; (b shall be construed as a determination or conclusion by the Court that the Sault Ste. Marie Tribe or Kewadin has consented to the subject matter jurisdiction of this Court for the Adversary Proceedings or that the Sault Ste. Marie Tribe or Kewadin has waived their sovereign immunity; or (c shall have any impact on, or be interpreted as a waiver of, the defense of sovereign immunity claimed or asserted by the Sault Ste. Marie Tribe and Kewadin against unconsented suit in the Adversary Proceedings. 3 08-53104-wsd Doc 3928 Filed 01/20/16 Entered 01/20/16 14:20:53 Page 6 of 6