Common use of Deletion of Provisions Clause in Contracts

Deletion of Provisions. The Indenture is hereby amended to delete the following sections in their entirety, and, in the case of each such section, insert in lieu thereof the phrase “[Intentionally Omitted]” and any and all references thereto (including any definitions the references to which would be eliminated as a result of such deletions), and any and all obligations thereunder, and references to any events of default related thereto are hereby deleted throughout the Indenture and such sections and references shall be of no further force or effect. (a) Section 3.2 entitled “Reports and Other Information.” (b) Section 3.3 entitled “Limitation on Incurrence of Indebtedness and Issuance of Disqualified Stock and Preferred Stock.” (c) Section 3.4 entitled “Limitation on Restricted Payments.” (d) Section 3.5 entitled “Liens.” (e) Section 3.6 entitled “Dividend and Other Payment Restrictions Affecting Subsidiaries.” (f) Section 3.7 entitled “Asset Sales.” (g) Section 3.8 entitled “Transactions with Affiliates.” (h) Section 3.9 entitled “Change of Control.” (i) Section 3.10 entitled “Maintenance of Insurance.” (j) Section 3.11 entitled “Additional Guarantors.” (k) Section 3.12 entitled “Compliance Certificate; Statement by Officers as to Default.” (l) Section 3.13 entitled “Designation of Restricted and Unrestricted Subsidiaries.” (m) Section 3.15 entitled “Stay, Extension and Usury Laws.” (n) Clauses (c), (d), (e), (f), (g) and (h) of Section 6.1 entitled “Events of Default.” (o) Article IV entitled “Merger; Consolidation or Sale of All or Substantially All Assets.”

Deletion of Provisions. The Indenture is hereby amended to delete the following sections in their entirety, entirety and, in the case of each such section, insert in lieu thereof the phrase “[Intentionally Omitted]” and any and all references thereto (including any definitions the references to which would be eliminated as a result of such deletions)thereto, and any and all obligations thereunder, thereunder and references to any events of default related thereto are hereby deleted throughout the Indenture and such sections and references shall be of no further force or effect. (a) Section 3.2 4.03 entitled “Reports and Other Information.” (b) Section 3.3 4.04 entitled “Compliance Certificate.” (c) Section 4.07 entitled “Limitation on Restricted Payments.” (d) Section 4.08 entitled “Dividend and Other Payment Restrictions Affecting Restricted Subsidiaries.” (e) Section 4.09 entitled “Limitation on Incurrence of Indebtedness and Issuance of Disqualified Stock and Preferred Stock.” (c) Section 3.4 entitled “Limitation on Restricted Payments.” (d) Section 3.5 entitled “Liens.” (e) Section 3.6 entitled “Dividend and Other Payment Restrictions Affecting Subsidiaries.” (f) Section 3.7 4.10 entitled “Asset Sales.” (g) Section 3.8 4.11 entitled “Transactions with Affiliates.” (h) Section 3.9 4.12 entitled “Liens.” (i) Section 4.13 entitled “Corporate Existence.” (j) Section 4.14 entitled “Offer to Repurchase Upon Change of Control.” (i) Section 3.10 entitled “Maintenance of Insurance.” (j) Section 3.11 entitled “Additional Guarantors.” (k) Section 3.12 4.15 entitled “Compliance Certificate; Statement Limitation on Guarantees of Indebtedness by Officers as to DefaultRestricted Subsidiaries.” (l) Section 3.13 entitled “Designation of Restricted and Unrestricted Subsidiaries.” (m) Section 3.15 entitled “Stay, Extension and Usury Laws.” (n) Clauses (c), (d), (e), (f), (g3) and (h4) of Section 6.1 entitled “Events of Default.” (o5.01(a) Article IV entitled “Merger; , Amalgamation, Consolidation or Sale of All or Substantially All Assets.” (m) Clauses (3), (4), (5), (6) and (7) of Section 6.01 entitled “Events of Default.” (n) Section 9.07 entitled “Payment for Consent.” (o) Section 10.03 entitled “Execution and Delivery.”

Deletion of Provisions. The Indenture is hereby amended to delete the following sections in their entirety, and, in the case of each such section, insert in lieu thereof the phrase “[Intentionally Omitted]” and any and all references thereto (including any definitions the references to which would be eliminated as a result of such deletions), and any and all obligations thereunder, and references to any events of default related thereto are hereby deleted throughout the Indenture and such sections and references shall be of no further force or effect. (a) Section 3.2 4.3 entitled “Reports and Other InformationLimitation on Restricted Payments” is hereby deleted in its entirety.” (b) Section 3.3 4.6 entitled “Maintenance of Properties and Insurance” is hereby deleted in its entirety. (c) Section 4.7 entitled “Compliance Certificate; Notice of Default” is hereby deleted in its entirety. (d) Section 4.8 entitled “Reports” is hereby deleted in its entirety. (e) Section 4.9 entitled “Limitation on Status as Investment Company” is hereby deleted in its entirety. (f) Section 4.10 entitled “Limitation on Transactions with Affiliates” is hereby deleted in its entirety. (g) Section 4.11 entitled “Limitation on Incurrence of Indebtedness and Issuance of Disqualified Stock and Preferred StockAdditional Indebtedness” is hereby deleted in its entirety.” (c) Section 3.4 entitled “Limitation on Restricted Payments.” (d) Section 3.5 entitled “Liens.” (e) Section 3.6 entitled “Dividend and Other Payment Restrictions Affecting Subsidiaries.” (f) Section 3.7 entitled “Asset Sales.” (g) Section 3.8 entitled “Transactions with Affiliates.” (h) Section 3.9 4.12 entitled “Change of ControlLimitations on Dividends and other Payment Restrictions Affecting Subsidiaries” is hereby deleted in its entirety.” (i) Section 3.10 4.13 entitled “Maintenance Limitation on Sales of InsuranceAssets and Subsidiary Stock” is hereby deleted in its entirety.” (j) Section 3.11 4.14 entitled “Additional GuarantorsRepurchase of Notes at the Option of the Holder upon a Change of Control” is hereby deleted in its entirety.” (k) Section 3.12 4.15 entitled “Compliance Certificate; Statement by Officers as to DefaultWaiver of Stay, Extension or Usury Laws” is hereby deleted in its entirety.” (l) Section 3.13 4.16 entitled “Designation of Restricted and Unrestricted SubsidiariesLimitation on Liens Securing Indebtedness” is hereby deleted in its entirety.” (m) Section 3.15 4.17 entitled “Stay, Extension and Usury LawsLimitations on Lines of Business” is hereby deleted in its entirety.” (n) Clauses Section 4.18 entitled “Sale-Leaseback Transactions” is hereby deleted in its entirety. (o) Subsections (b), (c)) and (d) of Section 5.1 entitled “Limitation on Merger, Sale or Consolidation” are hereby deleted. (p) Subsections (d), (e), (f), (g) and (hi) of Section 6.1 entitled “Events of Default” are hereby deleted.” (o) Article IV entitled “Merger; Consolidation or Sale of All or Substantially All Assets.”

Deletion of Provisions. The Indenture is hereby amended to delete the following sections in their entirety, entirety and, in the case of each such section, insert in lieu thereof the phrase “[Intentionally Omitted]” and any and all references thereto (including any definitions the references to which would be eliminated as a result of such deletions)thereto, and any and all obligations thereunder, thereunder and references to any events of default related thereto are hereby deleted throughout the Indenture and such sections and references shall be of no further force or effect. (a) Section 3.2 4.3 entitled “Reports and Other InformationLimitation on Restricted Payments” is hereby deleted in its entirety.” (b) Section 3.3 4.5 entitled “Payment of Taxes and Other Claims” is hereby deleted in its entirety. (c) Clause (b) of Section 4.7 entitled “Compliance Certificate; Notice of Default” is hereby deleted. (d) Section 4.8 entitled “Reports” is hereby deleted in its entirety. (e) Section 4.10 entitled “Limitation on Transactions with Affiliates” is hereby deleted in its entirety. (f) Section 4.11 entitled “Limitation on Incurrence of Indebtedness and Issuance of Disqualified Stock and Preferred StockAdditional Indebtedness” is hereby deleted in its entirety.” (c) Section 3.4 entitled “Limitation on Restricted Payments.” (d) Section 3.5 entitled “Liens.” (e) Section 3.6 entitled “Dividend and Other Payment Restrictions Affecting Subsidiaries.” (f) Section 3.7 entitled “Asset Sales.” (g) Section 3.8 4.12 entitled “Transactions with AffiliatesLimitation on Dividends and Other Payment Restrictions Affect Subsidiaries” is hereby deleted in its entirety.” (h) Section 3.9 4.13 entitled “Change Limitation on Sale of ControlAssets and Subsidiary Stock” is hereby deleted in its entirety.” (i) Section 3.10 4.14 entitled “Maintenance Repurchase of InsuranceNotes at the Option of the Holder Upon a Change of Control” is hereby deleted in its entirety.” (j) Section 3.11 4.16 entitled “Additional GuarantorsLimitation on Liens Securing Indebtedness” is hereby deleted in its entirety.” (k) Section 3.12 4.17 entitled “Compliance Certificate; Statement by Officers as to DefaultLimitation on Lines of Business” is hereby deleted in its entirety.” (l) Section 3.13 4.18 entitled “Designation of Restricted and Unrestricted SubsidiariesSale-Leaseback Transactions” is hereby deleted in its entirety.” (m) Section 3.15 4.19 entitled “Stay, Extension and Usury LawsPresque Isle Downs Covenants” is hereby deleted in its entirety.” (n) Section 4.20 entitled “Payments of Certain Additional Payments” is hereby deleted in its entirety. (o) Clauses (b), (c), (d), and (e) of Section 5.1 entitled “Merger and Consolidation” are hereby deleted. (p) Clauses (c), (d), (e), (f), (g) ), (h), and (hi) of Section 6.1 entitled “Events of Default” are hereby deleted.” (oq) Article IV Clause (d) of Section 8.4 entitled “Merger; Consolidation Conditions to Legal or Sale Covenant Defeasance” is hereby deleted. To the extent not expressly deleted pursuant to the amendments set forth under Section 1.01, (a) any definitions used in the provisions of All or Substantially All Assetsthe Indenture deleted pursuant to the amendments set forth under this Supplemental Indenture are hereby deleted in their entirety from the Indenture and the Notes and (b) all references made to a definition deleted from the Indenture pursuant to this paragraph are hereby deleted in their entirety.”

Deletion of Provisions. The Indenture is hereby amended to delete the following sections in their entirety, entirety and, in the case of each such section, insert in lieu thereof the phrase “[Intentionally Omitted]” and any and all references thereto (including any definitions the references to which would be eliminated as a result of such deletions)thereto, and any and all obligations thereunder, thereunder and references to any events of default related thereto are hereby deleted throughout the Indenture and such sections and references shall be of no further force or effect. (a) Section 3.2 4.3 entitled “Reports and Other InformationLimitation on Restricted Payments” is hereby deleted in its entirety.” (b) Section 3.3 4.5 entitled “Payment of Taxes and Other Claims” is hereby deleted in its entirety. (c) Clause (b) of Section 4.7 entitled “Compliance Certificate; Notice of Default” is hereby deleted. (d) Section 4.8 entitled “Reports” is hereby deleted in its entirety. (e) Section 4.10 entitled “Limitation on Transactions with Affiliates” is hereby deleted in its entirety. (f) Section 4.11 entitled “Limitation on Incurrence of Additional Indebtedness and Issuance of Disqualified Stock and Preferred Capital Stock” is hereby deleted in its entirety.” (c) Section 3.4 entitled “Limitation on Restricted Payments.” (d) Section 3.5 entitled “Liens.” (e) Section 3.6 entitled “Dividend and Other Payment Restrictions Affecting Subsidiaries.” (f) Section 3.7 entitled “Asset Sales.” (g) Section 3.8 4.12 entitled “Transactions with AffiliatesLimitation on Dividends and Other Payment Restrictions Affect Subsidiaries” is hereby deleted in its entirety.” (h) Section 3.9 4.13 entitled “Change Limitation on Sale of ControlAssets and Subsidiary Stock” is hereby deleted in its entirety.” (i) Section 3.10 4.14 entitled “Maintenance Repurchase of InsuranceNotes at the Option of the Holder Upon a Change of Control” is hereby deleted in its entirety.” (j) Section 3.11 4.16 entitled “Additional GuarantorsLimitation on Liens Securing Indebtedness” is hereby deleted in its entirety.” (k) Section 3.12 4.17 entitled “Compliance Certificate; Statement by Officers as to DefaultLimitation on Lines of Business” is hereby deleted in its entirety.” (l) Section 3.13 4.18 entitled “Designation of Restricted and Unrestricted SubsidiariesSale-Leaseback Transactions” is hereby deleted in its entirety.” (m) Section 3.15 4.19 entitled “Stay, Extension and Usury LawsGaming Licenses” is hereby deleted in its entirety.” (n) Clauses (b), (c), and (d) of Section 5.1 entitled “Limitation on Merger, Sale or Consolidation” are hereby deleted. (o) Clauses (c), (d), (e), (f), (g), (h), (i) and (hj) of Section 6.1 entitled “Events of Default” are hereby deleted.” (op) Article IV Subsection (b)(4) of Section 8.8 entitled “Merger; Consolidation Conditions to Legal or Sale Covenant Defeasance” is hereby deleted. To the extent not expressly deleted pursuant to the amendments set forth under Section 1.01, (a) any definitions used in the provisions of All or Substantially All Assetsthe Indenture deleted pursuant to the amendments set forth under this Supplemental Indenture are hereby deleted in their entirety from the Indenture and the Notes and (b) all references made to a definition deleted from the Indenture pursuant to this paragraph are hereby deleted in their entirety.”