motion for appointment of examiner

8/10/2019 Motion for Appointment of Examiner

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IN THE UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF DELAWARE

In re:

CAESARS ENTERTAINMENTOPERATING COMPANY, INC.,

Alleged Debtor.

Chapter 11

Case No. 15-10047 (__)

Objection Deadline: To be determinedHearing Date: To be determined

MOTION FOR APPOINTMENT OF EXAMINER

WITH ACCESS TO AND AUTHORITY TO DISCLOSE PRIVILEGED MATERIALS

Appaloosa Investment Limited Partnership I, OCM Opportunities Fund VI, L.P. and

Special Value Expansion Fund, LLC (collectively, the Petitioning Creditors) request the

appointment of an examiner to investigate and report on a series of prepetition insider

transactions by which the parent of Caesars Entertainment Operating Company, Inc. (the

Debtor) systematically stripped the Debtor of many billions of dollars of assets and cash in the

fifteen months prior to bankruptcy. The Petitioning Creditors request that the examiner be

granted authority to (a) review all relevant documents and information, including material that

may be subject to a privilege held by any of the Debtors, and (b) include all such information in

the examiners report to the extent appropriate under the circumstances. A proposed form of

order is attached as Exhibit A.

This Motion is based on theDeclaration of Joshua M. Mesterand the following:

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TABLE OF CONTENTS

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TABLE OF AUTHORITIES CONTD

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TABLE OF AUTHORITIES CONTD

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PRELIMINARY STATEMENT

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III.

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D. The Plundering Of The Debtors Assets, And The Seizure Of The Total

Rewards Network By Caesars Parent And The LBO Sponsors.

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E. Additional Insider Transactions Benefit Caesars Parent And Others

At The Expense Of The Debtor.

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Dated: January 12, 2015Wilmington, Delaware

Respectfully submitted,

/s/ Robert F. Poppiti, Jr.

Robert S. Brady (No. 2847)Edmon L. Morton (No. 3856)Robert F. Poppiti, Jr. (No. 5052)YOUNG CONAWAY STARGATT &TAYLOR, LLPRodney Square1000 North King StreetWilmington, Delaware 19801Telephone: (302) 571-6600Facsimile: (302) 571-1253

-and-

Bruce BennettJames O. JohnstonSidney P. LevinsonJoshua M. MesterMonika S. WienerJONES DAY555 South Flower StreetFiftieth FloorLos Angeles, California 90071Telephone: (213) 489-3939Facsimile: (213) 243-2539

Attorneys for Appaloosa Investment LimitedPartnership I, OCM Opportunities Fund VI,L.P. and Special Value Expansion Fund, LLC

!"#$ &'(&))*+(,- ./0 &) 123$4 )&5&65&' 7"8$ :6 /9 :6

motion for appointment of examiner

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