* |
If the form is filed by more than one reporting person, see Instruction 5(b)(v). |
** |
Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). |
(1) |
See Footnotes (2) through (5) |
(2) |
The person reporting on this Form 3 indirectly acquired common stock of Trump Entertainment Resorts, Inc. (the "Issuer") on July 16, 2010 upon the Issuer's emergence from Chapter 11 bankruptcy protection in exchange for previously outstanding debt of subsidiaries of the Issuer and in connection with a rights offering of common stock of the Issuer (that was backstopped by certain reporting persons) pursuant to the Supplemental Modified Sixth Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code Proposed by the Ad Hoc Committee of Holders of the 8.5% Senior Secured Notes Due 2015 and the Debtors in In re: TCI 2 Holdings, LLC., et al. The reporting person disclaims beneficial ownership of the shares except to the extent of his pecuniary interest therein. |
(3) |
A New Jersey grantor trust created on June 16, 2010 (the "Trust") holds directly 2,329,633 shares of common stock, par value $0.001 per share (the "Common Stock") of the Issuer on behalf of Avenue NJ Entertainment, LLC ("Avenue NJ"). The Trust was created to hold the Common Stock of the Issuer on behalf of Avenue NJ in accordance with the regulatory requirements of the New Jersey Casino Control Commission. Avenue NJ is the economic beneficiary of the Trust and currently has voting and dispositive power over the shares of Common Stock held in the Trust, subject to the terms of the Trust and the regulatory authority of the New Jersey Casino Control Commission and the Division of Gaming Enforcement of the Office of the Attorney General of the State of New Jersey. |
(4) |
Avenue NJ has two classes of membership interests, Class A Voting Interests (the "Voting Interests") and Class B Non-Voting Interests (the "Non-Voting Interests"). The Voting Interests are held by Avenue NJ Entertainment Holdings, LLC ("Avenue NJ Holdings"). The Non-Voting Interests are held by Avenue Investments, Avenue International Master, Avenue Fund IV, Avenue Fund V and CDP Global. Avenue Capital II serves as the investment advisor to such entities. Mr. Lasry serves as the principal control person (directly or indirectly) of Avenue Capital II. Avenue NJ Holdings has one class of membership interests, all of which are held by Mr. Lasry and Sonia Gardner. |
(5) |
Marc Lasry serves as a director of the Issuer. |