Penn National Gaming Reports Fourth Quarter Revenues of $1.03 Billion, Net Income of $12.7 Million, Adjusted EBITDAR of $365.4 Million, and Adjusted EBITDA of $255.9 Million
- Launched Barstool Sportsbook Mobile App in
- Opened Retail Barstool Sportsbooks at
- Preparing to Enter Our 20th State Via Pending Acquisition of
“Our investment in
“In addition to executing on our operational strategy, I am proud of the way our Company rose to the occasion to support our team members and host communities in these times of unprecedented need and heightened social justice awareness. Through the
“Having been battle tested throughout 2020, we look forward to the year ahead with great optimism and are confident the foundations we built over the last twelve months have positioned us to generate significant long-term shareholder value and stronger communities.”
For further information, we have posted a presentation to our website regarding the fourth quarter highlights and accomplishments, which can be found here.
Q4 Financial Results Summary
For the fourth quarter ended
“Our cash balance stood at
Penn Interactive: Pursuing Transformational Growth
“On
Barstool Branded Retail Sportsbooks Exceeding Expectations
“We have seen very strong results at our properties since the Barstool rebranding of our retail sportsbooks at
Barstool Media Reach Growing
“The value of
Investing in Growth and Technology
“The strength of our balance sheet provides us with the financial flexibility to invest in high-growth opportunities. We exercised our option to acquire the operating assets of
“Implementation of the 3Cs and other technology investments, such as the travelling wallet and enhancing how we engage with a younger demographic, remains a top priority. In addition, we have recently launched our mychoice mobile app. As of
Building on the Momentum as We Forge Ahead
“We have already begun to see the positive impact of our structural advantages in the sports betting and iCasino sector, including our industry leading geographic footprint, which provides us with frictionless access to key sports betting and iCasino states as well as valuable recurring revenue and equity value from our third-party skin partners. Finally, the Barstool brand and marketing engine, as well as our database of 20 million mychoice customers, provide a path to very efficient customer acquisition. We anticipate these advantages will allow us to benefit from the continuing proliferation of sports betting and iCasino legislation over the next several years. With a strong balance sheet and portfolio of best-in-class regional gaming facilities and digital assets, we are looking forward to building upon our momentum to create additional shareholder value.”
Summary of Fourth Quarter Results
|
For the three months ended
|
|||||||
(in millions, except per share data, unaudited) |
2020 |
|
2019 |
|||||
Revenues |
$ |
1,027.4 |
|
$ |
1,341.2 |
|
||
Net income (loss) |
$ |
12.7 |
|
$ |
(92.9 |
) |
||
|
|
|
|
|||||
Adjusted EBITDA (1) |
$ |
255.9 |
|
$ |
304.0 |
|
||
Rent expense associated with triple net operating leases (2) |
109.5 |
|
95.4 |
|
||||
Adjusted EBITDAR (1) |
$ |
365.4 |
|
$ |
399.4 |
|
||
Payments to our REIT Landlords under Triple Net Leases, inclusive of rent credits utilized (3) |
$ |
222.6 |
|
$ |
224.4 |
|
||
|
|
|
|
|||||
Diluted earnings (loss) per common share |
$ |
0.07 |
|
$ |
(0.80 |
) |
(1) |
See the “Non-GAAP Financial Measures” section below for more information as well as the definitions of Adjusted EBITDA and Adjusted EBITDAR. Additionally, see below for reconciliations of these Non-GAAP financial measures to their GAAP equivalent financial measure. |
||
(2) |
Consists of the operating lease components contained within the Penn Master Lease and the Pinnacle |
||
(3) |
Consists of payments made to |
Segment Information
The Company aggregates its properties into four reportable segments: Northeast, South, West and Midwest.
|
For the three months ended
|
|
For the year ended
|
|||||||||||||
(in millions, unaudited) |
2020 |
|
2019 |
|
2020 |
|
2019 |
|||||||||
Revenues: |
|
|
|
|
|
|
|
|||||||||
Northeast segment (1) |
$ |
470.8 |
|
|
$ |
621.3 |
|
|
$ |
1,639.3 |
|
|
$ |
2,399.9 |
|
|
South segment (2) |
249.2 |
|
|
268.2 |
|
|
849.6 |
|
|
1,118.9 |
|
|||||
West segment (3) |
79.5 |
|
|
158.1 |
|
|
302.5 |
|
|
642.5 |
|
|||||
Midwest segment (4) |
188.2 |
|
|
279.2 |
|
|
681.4 |
|
|
1,094.5 |
|
|||||
Other (5) |
53.4 |
|
|
15.6 |
|
|
125.0 |
|
|
47.5 |
|
|||||
Intersegment eliminations (6) |
(13.7 |
) |
|
(1.2 |
) |
|
(19.1 |
) |
|
(1.9 |
) |
|||||
Total revenues |
$ |
1,027.4 |
|
|
$ |
1,341.2 |
|
|
$ |
3,578.7 |
|
|
$ |
5,301.4 |
|
|
|
|
|
|
|
|
|
|
|||||||||
Adjusted EBITDAR: |
|
|
|
|
|
|
|
|||||||||
Northeast segment (1) |
$ |
153.2 |
|
|
$ |
180.7 |
|
|
$ |
478.9 |
|
|
$ |
720.8 |
|
|
South segment (2) |
101.6 |
|
|
90.2 |
|
|
318.9 |
|
|
369.8 |
|
|||||
West segment (3) |
27.0 |
|
|
47.8 |
|
|
82.2 |
|
|
198.8 |
|
|||||
Midwest segment (4) |
84.9 |
|
|
102.3 |
|
|
258.3 |
|
|
403.6 |
|
|||||
Other (5) |
(1.3 |
) |
|
(21.7 |
) |
|
(43.5 |
) |
|
(87.8 |
) |
|||||
Intersegment eliminations (6) |
— |
|
|
0.1 |
|
|
— |
|
|
— |
|
|||||
Total Adjusted EBITDAR (7) |
$ |
365.4 |
|
|
$ |
399.4 |
|
|
$ |
1,094.8 |
|
|
$ |
1,605.2 |
|
(1) |
The Northeast segment consists of the following properties: |
||
(2) |
The South segment consists of the following properties: 1st |
||
(3) |
The West segment consists of the following properties: Ameristar Black Hawk, Cactus Petes and Horseshu, |
||
(4) |
The Midwest segment consists of the following properties: Ameristar Council Bluffs; |
||
(5) |
The Other category consists of the Company’s stand-alone racing operations, namely |
||
(6) |
Represents the elimination of intersegment revenues, associated with Penn Interactive and HPT. |
||
(7) |
As noted within the “Non-GAAP Financial Measures” section below, Adjusted EBITDAR is presented on a consolidated basis outside the financial statements solely as a valuation metric or for reconciliation purposes. |
|
||||||||||||||||
Reconciliation of Comparable GAAP Financial Measure to Adjusted EBITDA, |
||||||||||||||||
Adjusted EBITDAR, and Adjusted EBITDAR Margin |
||||||||||||||||
|
For the three months ended
|
|
For the year ended
|
|||||||||||||
(in millions, unaudited) |
2020 |
|
2019 |
|
2020 |
|
2019 |
|||||||||
Net income (loss) |
$ |
12.7 |
|
|
$ |
(92.9 |
) |
|
$ |
(669.1 |
) |
|
$ |
43.1 |
|
|
Income tax expense (benefit) |
7.1 |
|
|
(10.0 |
) |
|
(165.1 |
) |
|
43.0 |
|
|||||
Loss on early extinguishment of debt |
1.2 |
|
|
— |
|
|
1.2 |
|
|
— |
|
|||||
Income from unconsolidated affiliates |
(6.4 |
) |
|
(6.7 |
) |
|
(13.8 |
) |
|
(28.4 |
) |
|||||
Interest expense, net |
136.1 |
|
|
133.7 |
|
|
543.2 |
|
|
534.2 |
|
|||||
Other income |
(31.1 |
) |
|
(12.8 |
) |
|
(106.6 |
) |
|
(20.0 |
) |
|||||
Operating income (loss) |
119.6 |
|
|
11.3 |
|
|
(410.2 |
) |
|
571.9 |
|
|||||
Stock-based compensation |
2.8 |
|
|
4.5 |
|
|
14.5 |
|
|
14.9 |
|
|||||
Cash-settled stock-based awards variance |
20.5 |
|
|
7.2 |
|
|
67.2 |
|
|
0.8 |
|
|||||
(Gain) loss on disposal of assets |
4.7 |
|
|
(2.8 |
) |
|
(29.2 |
) |
|
5.5 |
|
|||||
Contingent purchase price |
0.3 |
|
|
— |
|
|
(1.1 |
) |
|
7.0 |
|
|||||
Pre-opening and acquisition costs |
0.3 |
|
|
6.8 |
|
|
11.8 |
|
|
22.3 |
|
|||||
Depreciation and amortization |
91.4 |
|
|
97.8 |
|
|
366.7 |
|
|
414.2 |
|
|||||
Impairment losses |
7.3 |
|
|
173.1 |
|
|
623.4 |
|
|
173.1 |
|
|||||
Insurance recoveries, net of deductible charges |
— |
|
|
(1.5 |
) |
|
(0.1 |
) |
|
(3.0 |
) |
|||||
Income from unconsolidated affiliates |
6.4 |
|
|
6.7 |
|
|
13.8 |
|
|
28.4 |
|
|||||
Non-operating items of equity method investments (1) |
1.5 |
|
|
0.9 |
|
|
4.7 |
|
|
3.7 |
|
|||||
Other expenses (2) |
1.1 |
|
|
— |
|
|
13.5 |
|
|
— |
|
|||||
Adjusted EBITDA |
255.9 |
|
|
304.0 |
|
|
675.0 |
|
|
1,238.8 |
|
|||||
Rent expense associated with triple net operating leases |
109.5 |
|
|
95.4 |
|
|
419.8 |
|
|
366.4 |
|
|||||
Adjusted EBITDAR |
$ |
365.4 |
|
|
$ |
399.4 |
|
|
$ |
1,094.8 |
|
|
$ |
1,605.2 |
|
|
Net income (loss) margin |
1.2 |
% |
|
(6.9 |
)% |
|
(18.7 |
)% |
|
0.8 |
% |
|||||
Adjusted EBITDAR margin |
35.6 |
% |
|
29.8 |
% |
|
30.6 |
% |
|
30.3 |
% |
(1) |
Consists principally of interest expense, net; income taxes; depreciation and amortization; and stock-based compensation expense associated with |
||
(2) |
Consists of non-recurring restructuring charges (primarily severance) associated with a company-wide initiative, triggered by the COVID-19 pandemic, designed to (i) improve the operational effectiveness across our property portfolio; and (ii) improve the effectiveness and efficiency of our Corporate functional support areas. |
|
||||||||||||||||
Condensed Consolidated Statements of Operations |
||||||||||||||||
|
For the three months ended
|
|
For the year ended
|
|||||||||||||
(in millions, except per share data, unaudited) |
2020 |
|
2019 |
|
2020 |
|
2019 |
|||||||||
Revenues |
|
|
|
|
|
|
|
|||||||||
Gaming |
$ |
895.4 |
|
|
$ |
1,083.5 |
|
|
$ |
3,051.1 |
|
|
$ |
4,268.7 |
|
|
Food, beverage, hotel and other |
132.0 |
|
|
257.7 |
|
|
527.6 |
|
|
1,032.7 |
|
|||||
Total revenues |
1,027.4 |
|
|
1,341.2 |
|
|
3,578.7 |
|
|
5,301.4 |
|
|||||
Operating expenses |
|
|
|
|
|
|
|
|||||||||
Gaming |
429.3 |
|
|
582.7 |
|
|
1,530.3 |
|
|
2,281.8 |
|
|||||
Food, beverage, hotel and other |
77.7 |
|
|
172.2 |
|
|
337.7 |
|
|
672.7 |
|
|||||
General and administrative |
302.1 |
|
|
304.1 |
|
|
1,130.8 |
|
|
1,187.7 |
|
|||||
Depreciation and amortization |
91.4 |
|
|
97.8 |
|
|
366.7 |
|
|
414.2 |
|
|||||
Impairment losses |
7.3 |
|
|
173.1 |
|
|
623.4 |
|
|
173.1 |
|
|||||
Total operating expenses |
907.8 |
|
|
1,329.9 |
|
|
3,988.9 |
|
|
4,729.5 |
|
|||||
Operating income (loss) |
119.6 |
|
|
11.3 |
|
|
(410.2 |
) |
|
571.9 |
|
|||||
Other income (expenses) |
|
|
|
|
|
|
|
|||||||||
Interest expense, net |
(136.1 |
) |
|
(133.7 |
) |
|
(543.2 |
) |
|
(534.2 |
) |
|||||
Income from unconsolidated affiliates |
6.4 |
|
|
6.7 |
|
|
13.8 |
|
|
28.4 |
|
|||||
Loss on early extinguishment of debt |
(1.2 |
) |
|
— |
|
|
(1.2 |
) |
|
— |
|
|||||
Other |
31.1 |
|
|
12.8 |
|
|
106.6 |
|
|
20.0 |
|
|||||
Total other expenses |
(99.8 |
) |
|
(114.2 |
) |
|
(424.0 |
) |
|
(485.8 |
) |
|||||
Income (loss) before income taxes |
19.8 |
|
|
(102.9 |
) |
|
(834.2 |
) |
|
86.1 |
|
|||||
Income tax benefit (expense) |
(7.1 |
) |
|
10.0 |
|
|
165.1 |
|
|
(43.0 |
) |
|||||
Net income (loss) |
12.7 |
|
|
(92.9 |
) |
|
(669.1 |
) |
|
43.1 |
|
|||||
Less: Net (income) loss attributable to non-controlling interest |
(1.6 |
) |
|
0.4 |
|
|
(0.4 |
) |
|
0.8 |
|
|||||
Net income (loss) attributable to Penn National |
$ |
11.1 |
|
|
$ |
(92.5 |
) |
|
$ |
(669.5 |
) |
|
$ |
43.9 |
|
|
|
|
|
|
|
|
|
|
|||||||||
Earnings (loss) per share: |
|
|
|
|
|
|
|
|||||||||
Basic earnings (loss) per share |
$ |
0.07 |
|
|
$ |
(0.80 |
) |
|
$ |
(5.00 |
) |
|
$ |
0.38 |
|
|
Diluted earnings (loss) per share |
$ |
0.07 |
|
|
$ |
(0.80 |
) |
|
$ |
(5.00 |
) |
|
$ |
0.37 |
|
|
|
|
|
|
|
|
|
|
|||||||||
Weighted-average common shares outstanding - basic |
155.0 |
|
|
115.2 |
|
|
134.0 |
|
|
115.7 |
|
|||||
Weighted-average common shares outstanding - diluted |
158.1 |
|
|
115.2 |
|
|
134.0 |
|
|
117.8 |
|
Selected Financial Information |
||||||||
Balance Sheet Data |
||||||||
(in millions, unaudited) |
|
|
|
|||||
Cash and cash equivalents |
$ |
1,853.8 |
|
|
$ |
437.4 |
|
|
|
|
|
|
|||||
Bank debt |
$ |
1,628.1 |
|
|
$ |
1,929.8 |
|
|
Notes (1) |
730.5 |
|
|
400.0 |
|
|||
Other long-term obligations (2) |
73.0 |
|
|
89.2 |
|
|||
Total traditional debt |
2,431.6 |
|
|
2,419.0 |
|
|||
Less: Debt discounts and debt issuance costs |
(119.0 |
) |
|
(33.9 |
) |
|||
|
$ |
2,312.6 |
|
|
$ |
2,385.1 |
|
|
|
|
|
|
|||||
Traditional net debt (3) |
$ |
577.8 |
|
|
$ |
1,981.6 |
|
(1) |
Inclusive of our 5.625% Notes due 2027 and our 2.75% Convertible Notes due 2026, issued in |
||
(2) |
Other long-term obligations as of |
||
(3) |
Traditional net debt in the table above is calculated as “Total traditional debt,” which is the principal amount of debt outstanding, less “Cash and cash equivalents.” |
Kansas Entertainment Distributions
The Company’s definitions of Adjusted EBITDA and Adjusted EBITDAR add back our share of the impact of non-operating items (such as depreciation and amortization) at our
|
For the three months ended
|
|
For the year ended
|
|||||||||||||
(in millions, unaudited) |
2020 |
|
2019 |
|
2020 |
|
2019 |
|||||||||
Cash flow distributions |
$ |
4.5 |
|
|
$ |
7.0 |
|
|
$ |
20.0 |
|
|
$ |
29.0 |
|
|
Cash Flow Data
The table below summarizes certain cash expenditures incurred by the Company.
|
For the three months ended
|
|
For the year ended
|
|||||||||||||
(in millions, unaudited) |
2020 |
|
2019 |
|
2020 |
|
2019 |
|||||||||
Cash payments to our REIT Landlords under Triple Net Leases (1) |
$ |
157.6 |
|
|
$ |
224.4 |
|
|
$ |
553.6 |
|
|
$ |
869.8 |
|
|
Cash (refunds) payments related to income taxes, net |
$ |
(9.2 |
) |
|
$ |
0.9 |
|
|
$ |
(15.2 |
) |
|
$ |
21.8 |
|
|
Cash paid for interest on traditional debt |
$ |
20.9 |
|
|
$ |
20.2 |
|
|
$ |
108.2 |
|
|
$ |
120.7 |
|
|
Maintenance capital expenditures |
$ |
44.5 |
|
|
$ |
47.0 |
|
|
$ |
110.2 |
|
|
$ |
165.5 |
|
(1) |
Consists of payments made under the Master Leases, the Meadows Lease, the Margaritaville Lease, the Greektown Lease, and the Morgantown Leases, in cash. As previously noted, the rent under the Tropicana Lease is nominal. Amounts for the three months and year ended |
Non-GAAP Financial Measures
The Non-GAAP Financial Measures used in this press release include Adjusted EBITDA, Adjusted EBITDAR, and Adjusted EBITDAR margin. These non-GAAP financial measures should not be considered a substitute for, nor superior to, financial results and measures determined or calculated in accordance with GAAP.
We define Adjusted EBITDA as earnings before interest expense, net; income taxes; depreciation and amortization; stock-based compensation; debt extinguishment and financing charges; impairment losses; insurance recoveries and deductible charges; changes in the estimated fair value of our contingent purchase price obligations; gain or loss on disposal of assets; the difference between budget and actual expense for cash-settled stock-based awards; pre-opening and acquisition costs; and other income or expenses. Adjusted EBITDA is inclusive of income or loss from unconsolidated affiliates, with our share of non-operating items (such as interest expense, net; income taxes; depreciation and amortization; and stock-based compensation expense) added back for
Adjusted EBITDA has economic substance because it is used by management as a performance measure to analyze the performance of our business, and is especially relevant in evaluating large, long-lived casino-hotel projects because it provides a perspective on the current effects of operating decisions separated from the substantial non-operational depreciation charges and financing costs of such projects. We present Adjusted EBITDA because it is used by some investors and creditors as an indicator of the strength and performance of ongoing business operations, including our ability to service debt, and to fund capital expenditures, acquisitions and operations. These calculations are commonly used as a basis for investors, analysts and credit rating agencies to evaluate and compare operating performance and value companies within our industry. In order to view the operations of their casinos on a more stand-alone basis, gaming companies, including us, have historically excluded from their Adjusted EBITDA calculations certain corporate expenses that do not relate to the management of specific casino properties. However, Adjusted EBITDA is not a measure of performance or liquidity calculated in accordance with GAAP. Adjusted EBITDA information is presented as a supplemental disclosure, as management believes that it is a commonly used measure of performance in the gaming industry and that it is considered by many to be a key indicator of the Company’s operating results.
We define Adjusted EBITDAR as Adjusted EBITDA (as defined above) plus rent expense associated with triple net operating leases (which is a normal, recurring cash operating expense necessary to operate our business). Adjusted EBITDAR is presented on a consolidated basis outside the financial statements solely as a valuation metric. Management believes that Adjusted EBITDAR is an additional metric traditionally used by analysts in valuing gaming companies subject to triple net leases since it eliminates the effects of variability in leasing methods and capital structures. This metric is included as supplemental disclosure because (i) we believe Adjusted EBITDAR is traditionally used by gaming operator analysts and investors to determine the equity value of gaming operators and (ii) Adjusted EBITDAR is one of the metrics used by other financial analysts in valuing our business. We believe Adjusted EBITDAR is useful for equity valuation purposes because (i) its calculation isolates the effects of financing real estate; and (ii) using a multiple of Adjusted EBITDAR to calculate enterprise value allows for an adjustment to the balance sheet to recognize estimated liabilities arising from operating leases related to real estate. However, Adjusted EBITDAR when presented on a consolidated basis is not a financial measure in accordance with GAAP, and should not be viewed as a measure of overall operating performance or considered in isolation or as an alternative to net income because it excludes the rent expense associated with our triple net operating leases and is provided for the limited purposes referenced herein. Adjusted EBITDAR margin is defined as Adjusted EBITDAR on a consolidated basis (as defined above) divided by revenues on a consolidated basis. Adjusted EBITDAR margin is presented on a consolidated basis outside the financial statements solely as a valuation metric.
Each of these non-GAAP financial measures is not calculated in the same manner by all companies and, accordingly, may not be an appropriate measure of comparing performance among different companies. See the table above, which presents reconciliations of these measures to the GAAP equivalent financial measures.
Management Presentation, Conference Call, Webcast and Replay Details
Penn National is hosting a conference call and simultaneous webcast at
The conference call number is 212-231-2907. Please call five minutes in advance to ensure that you are connected prior to the presentation. Questions will be reserved for call-in analysts and investors. Interested parties may also access the live call at www.pngaming.com. Please allow 15 minutes to register and download and install any necessary software. A replay of the call can be accessed for thirty days on the Internet at www.pngaming.com.
This press release, which includes financial information to be discussed by management during the conference call and disclosure and reconciliation of non-GAAP financial measures, is available on the Company’s web site, www.pngaming.com, in the “Investors” section (select link for “Press Releases”).
About
With the nation's largest and most diversified regional gaming footprint, including 41 properties across 19 states, Penn National continues to evolve into a highly innovative omni-channel provider of retail and online gaming, live racing and sports betting entertainment. The Company's properties feature approximately 50,000 gaming machines, 1,300 table games and 8,800 hotel rooms, and operate under various well-known brands, including Hollywood, Ameristar, and L'Auberge. Our wholly-owned interactive division, Penn Interactive, operates retail sports betting across the Company's portfolio, as well as online social casino, bingo, and iCasino products. In
Forward Looking Statements
This press release contains “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. These statements can be identified by the use of forward-looking terminology such as “expects,” “believes,” “estimates,” “projects,” “intends,” “plans,” “goal,” “seeks,” “may,” “will,” “should,” or “anticipates” or the negative or other variations of these or similar words, or by discussions of future events, strategies or risks and uncertainties. Specifically, forward looking statements include, but are not limited to, statements regarding: COVID-19; the expected benefits of the agreement with Choice Hotels, the ability of the Company to implement cashless, cardless and contactless technology at the Company’s casinos, the expected results of operations for the first quarter of 2021, the length of time the Company’s gaming property (Zia Park) will remain closed, the expected opening date, and the impact of this closure on the Company and its stakeholders; demand for gaming once this gaming property reopens as well as the impact of post-opening restrictions; continued demand for the gaming properties that have opened and the possibility that our gaming properties may be required to close again in the future due to COVID-19; the impact of COVID-19 on general economic conditions, capital markets, unemployment, and the Company’s liquidity, operations, supply chain and personnel; the potential benefits and expected timing of the Perryville transaction with
Accordingly, the Company cautions that the forward-looking statements contained herein are qualified by important factors that could cause actual results to differ materially from those reflected by such statements. Such factors include, but are not limited to: (a) the magnitude and duration of the impact of the COVID-19 pandemic on general economic conditions, capital markets, unemployment, consumer spending and the Company’s liquidity, financial condition, supply chain, operations and personnel; (b) industry, market, economic, political, regulatory and health conditions; (c) disruptions in operations from data protection breaches, cyberattacks, extreme weather conditions, medical epidemics or pandemics such as the COVID-19 (and reoccurrences), and other natural or man-made disasters or catastrophic events; (d) the reopening of the Company’s gaming property (Zia Park) is subject to various conditions, including numerous regulatory approvals and potential delays and operational restrictions; (e) our ability to access additional capital on favorable terms or at all; (f) our ability to remain in compliance with the financial covenants of our debt obligations; (g) the consummation of the Perryville transaction with GLPI is subject to various conditions, including third-party agreements and approvals, and accordingly may be delayed or may not occur at all; (h) actions to reduce costs and improve efficiencies to mitigate losses as a result of the COVID-19 pandemic that could negatively impact guest loyalty and our ability to attract and retain employees; (i) the outcome of any legal proceedings that may be instituted against the Company or its directors, officers or employees; (j) the impact of new or changes in current laws, regulations, rules or other industry standards; (k) the ability of our operating teams to drive revenue and margins; (l) the impact of significant competition from other gaming and entertainment operations (including from Native American casinos, historic racing machines, state sponsored i-lottery products and VGTs in or adjacent to states in which we operate); (m) our ability to obtain timely regulatory approvals required to own, develop and/or operate our properties, or other delays, approvals or impediments to completing our planned acquisitions or projects, construction factors, including delays, and increased costs; (n) the passage of state, federal or local legislation (including referenda) that would expand, restrict, further tax, prevent or negatively impact operations in or adjacent to the jurisdictions in which we do or seek to do business (such as a smoking ban at any of our properties or the award of additional gaming licenses proximate to our properties, as recently occurred with legislation in
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Senior Vice President, Finance & Treasurer
610-373-2400
JCIR
212-835-8500 or penn@jcir.com
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