
TL;DR — The Greenbrier could temporarily close its casino and issue layoff notices to about 90 employees to complete a refinancing agreement with Kennedy Lewis Investment Management valued at up to $500 million. The parties do not expect the West Virginia Lottery Commission to complete its review before the targeted closing date. Interest costs are increasing by roughly $145,000 each day.
SCCG Take — Regulatory approval timelines can force operational interruptions in leveraged gaming assets even when financing is ready. Distressed operators and their creditors must price in extended commission reviews when structuring transfers of control.
The Greenbrier could temporarily close its casino and issue layoff notices to about 90 employees. The Justice family is moving to finalize a refinancing agreement with New York-based Kennedy Lewis Investment Management valued at up to $500 million. Court filings show the closure is required because the West Virginia Lottery Commission will not finish its review of the casino license transfer to a new holding company before the transaction closes.
The financing addresses substantial debt tied to the historic West Virginia resort and would support future investments. According to reporting by World Casino News, the Justice family’s attorneys told the court that significant costs from further delays left the resort no choice but to shut the casino.
The proposed deal arrives during litigation with White Sulphur Springs Holdings, an affiliate of Texas-based TRT Holdings and Omni Hotels & Resorts. WSSH acquired approximately $300 million of The Greenbrier’s debt earlier this year and has asked the court to appoint a receiver while limiting the Justice family’s control. The family argues the KLIM transaction would resolve the default and eliminate the need for receivership.
The financing package would be secured by the resort, associated properties, timber holdings and other family assets. It requires creation of a new holding company and grants Kennedy Lewis first-lien collateral on major properties. Attorneys identified two obstacles: regulatory approval of the license transfer and cooperation from WSSH during closing.
Interest costs on the refinancing are increasing by roughly $145,000 each day. The Internal Revenue Service recently filed tax liens totaling more than $8 million against The Greenbrier for unpaid payroll withholding taxes plus a separate lien of nearly $830,000 against the Greenbrier Clinic.
Acting Lottery Director David Bradley stated in a public letter that the commission only learned this week that casino closure was under consideration. Bradley wrote that regulators need sufficient time to review financial records and conduct due diligence given Kennedy Lewis would obtain a controlling interest.
“We will not be pressured to ignore this law by anyone regardless of status,” Bradley wrote. The commission has a conference call planned for August 19 and its next regular meeting scheduled for August 26. Employees are receiving WARN notices while continuing to receive pay and benefits during the 60-day notification period. U.S. District Judge Frank W. Volk has required continued updates on the refinancing and license review.
Reporting: World Casino News
Generated by SCCG’s automated editorial system from published source reporting. SCCG Management holds editorial responsibility.
We've worked in 545 partnerships across every regulated market, and this is the collision we warn clients about: a distressed asset, lined-up capital, and a regulator who won't move fast enough. The Greenbrier is hemorrhaging $145,000 daily in interest while 90 jobs hang in the balance. Regulatory friction costs real money and real jobs.
SCCG angle: SCCG has placed regulatory counsel and expedited dozens of licensing transfers across tribal, commercial, and lottery jurisdictions. When timing is existential and a commission review stands between a client and a closing, we activate the right relationships and process expertise to compress timelines and avoid operational shutdowns like this one.
Gaming, betting and prediction markets — the desk’s read, every weekday.
Subscribe →