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EX-99.1 - PRESS RELEASE DATED MAY 10, 2013 - Affinity Gamingex991pressreleaserezcapita.htm
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 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): May 10, 2013


Affinity Gaming
(Exact name of registrant as specified in its charter)
 
 
 
 
 
Nevada
 
000-54085
 
02-0815199
(State or other jurisdiction of incorporation)
 
(Commission File Number)
 
(IRS Employer Identification No.)
 
 
 
 
 
3755 Breakthrough Way
Suite 300
Las Vegas, NV
 
89135
 
(702) 341-2400
(Address of principal executive offices)
 
(Zip Code)
 
(Registrant’s telephone number, including area code)
 
 
 
 
 
 
(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:
 
c Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

c Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

c Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

c Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))



Item 8.01 Other Events.

On May 10, 2013, we announced that we have filed a motion with the District Court, Clark County, Nevada (the “Court”) to stay the preliminary injunction granted by the Court to Z Capital Partners L.L.C. enjoining our shareholder rights plan. The Court is scheduled to hear the motion to stay the preliminary injunction on Monday, May 13, 2013.

The order setting out the preliminary injunction has not yet been filed by the Court and our shareholder rights plan will remain effective until the order is entered. If the Court grants our motion to stay the injunction pending appeal, our shareholder rights plan will remain in effect until such time as the Nevada Supreme Court has ruled on our appeal of the preliminary injunction.

A copy of the press release making the announcement is attached to this Current Report on Form 8-K as Exhibit 99.1 and incorporated herein by reference.


Item 9.01(d) Exhibits.

See the Exhibit Index set forth below for a list of exhibits included with this Current Report on Form 8-K.




























Signature

Pursuant to the requirements of the Securities Exchange Act of 1934, we have duly caused this report to be signed on our behalf by the undersigned hereunto duly authorized.

    
 
 
 
 
Affinity Gaming
 
 
 
 
 
Date:
May 10, 2013
 
By:
/s/ Donna Lehmann
 
 
 
Name:
Donna Lehmann
 
 
 
Title:
Senior Vice President, Chief Financial Officer and Treasurer





EXHIBIT INDEX

Exhibit
No.
 
Description
99.1

     
Press release dated May 10, 2013