UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of report (Date of earliest event reported):
June 1, 2009
TRUMP ENTERTAINMENT RESORTS, INC.
TRUMP ENTERTAINMENT RESORTS HOLDINGS, LP
TRUMP ENTERTAINMENT RESORTS FUNDING, INC.
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(Exact Name of Registrants as Specified in Their Charters)
Delaware
Delaware
Delaware
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(State or Other Jurisdiction of Incorporation)
1-13794 13-3818402
33-90786 13-3818407
33-90786-01 13-3818405
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(Commission File Number) (IRS Employer Identification No.)
15 South Pennsylvania Avenue
Atlantic City, New Jersey 08401
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(Address of Principal Executive Offices) (Zip Code)
609-449-6515
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(Registrant's Telephone Number, Including Area Code)
Not Applicable
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(Former Name or Former Address, if Changed Since Last Report)
Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions (see General Instruction A.2. below):
|_| Written communications pursuant to Rule 425 under the Securities Act (17
CFR 230.425)
|_| Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
|_| Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))
|_| Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR 240.13e-4(c))
Item 1.02. Termination of a Material Definitive Agreement.
On June 1, 2009, Trump Marina Associates, LLC ("TMA") delivered notice
to Coastal Marina, LLC and Coastal Development, LLC (collectively, "Coastal")
that the Asset Purchase Agreement, dated as of May 28, 2008, among TMA, Trump
Entertainment Resorts, Inc. ("TER") and Coastal (the "Asset Purchase
Agreement"), as amended by the Amendment thereto dated as of October 28, 2008
(the "Amendment" (the Asset Purchase Agreement as amended by the Amendment is
referred to below as the "Agreement")), is terminated. The Agreement called for,
among other things, Coastal to purchase the Trump Marina Hotel and Casino.
Coastal has failed to consummate the transaction within the time provided under
the Agreement.
Counsel for Coastal has sent notice that Coastal alleges that TMA and
TER breached the Agreement and claims that TMA and TER fraudulently induced
Coastal to enter into the Amendment. Coastal has demanded that the deposits it
paid pursuant to the Agreement be returned to Coastal. TMA and TER believe that
these claims are without merit.
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Pursuant to the requirements of the Securities Exchange Act of 1934,
each of the Registrants has duly caused this report to be signed on its behalf
by the undersigned hereunto duly authorized.
Date: June 1, 2009
TRUMP ENTERTAINMENT RESORTS, INC.
By: /s/ Robert M. Pickus
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Name: Robert M. Pickus
Title: Chief Administrative Officer and General Counsel
TRUMP ENTERTAINMENT RESORTS HOLDINGS, L.P.
By: /s/ Robert M. Pickus
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Name: Robert M. Pickus
Title: Chief Administrative Officer and General Counsel
TRUMP ENTERTAINMENT RESORTS FUNDING, INC.
By: /s/ Robert M. Pickus
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Name: Robert M. Pickus
Title: Chief Administrative Officer and General Counsel
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