AGREEMENT made as of the Twenty-Third day of March in the year Two Thousand and Eleven (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status and address)Construction Manager Agreement • May 16th, 2011 • Peninsula Gaming, LLC • Services-amusement & recreation services
LOTTERY GAMING FACILITY MANAGEMENT CONTRACT (Pursuant to the Kansas Expanded Lottery Act)Lottery Gaming Facility Management Contract • February 4th, 2011 • Peninsula Gaming, LLC • Services-amusement & recreation services • Kansas
This LOTTERY GAMING FACILITY MANAGEMENT CONTRACT (“Agreement”) is for the development, construction, and management of a Lottery Gaming Facility, the business of which will be owned and operated by the Kansas Lottery, to be located in the South Central Gaming Zone.
SUPPLEMENTAL INDENTURE TO BE DELIVERED BY DIAMOND JO WORTH CORP.Supplemental Indenture • November 15th, 2005 • Peninsula Gaming, LLC • Services-amusement & recreation services • New York
Supplemental Indenture (this “Supplemental Indenture”), dated as of June 30, 2005, among Diamond Jo Worth Corp., a Delaware corporation (the “Guaranteeing Subsidiary”), Peninsula Gaming, LLC, a Delaware limited liability company (“Parent Issuer”), Diamond Jo, LLC, a Delaware limited liability company (the “Company”), and Peninsula Gaming Corp., a Delaware corporation (f/k/a The Old Evangeline Downs Capital Corp.) (“Gaming” and, together with Parent Issuer and the Company, the “Issuers”), and U.S. Bank National Association, as trustee under the Indenture referred to below (the “Trustee”).
50,000,000 10¾% Senior Unsecured Notes due 2017 REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 11th, 2011 • Peninsula Gaming, LLC • Services-amusement & recreation services • New York
Peninsula Gaming, LLC, a Delaware limited liability company (the “Company”), Peninsula Gaming Corp., a Delaware corporation (“PGC” and, together with the Company, the “Issuers”), and the Guarantors listed on the signature pages hereto under the heading “Guarantors,” are issuing and selling to Credit Suisse Securities (USA) LLC (the “Initial Purchaser”), upon the terms set forth in a purchase agreement, dated as of January 27, 2011 (the “Purchase Agreement”), by and among the Initial Purchaser, the Issuers and the Guarantors listed on the signature pages hereto under the heading “Guarantors,” $50,000,000 in aggregate principal amount of the Issuers’ 10¾% Senior Unsecured Notes due 2017, including the Guarantees (as defined below) (the “Notes”).
Multi-Party Blocked Account AgreementMulti-Party Blocked Account Agreement • March 31st, 2006 • Peninsula Gaming, LLC • Services-amusement & recreation services • New York
This Multi-Party Blocked Account Agreement (this “Agreement”), dated as of July 19, 2005, is made by and among Diamond Jo Worth, LLC (“Customer”), U.S. Bank National Association, as Trustee as Secured Party (the “Secured Party”) and U.S. Bank National Association, as securities intermediary (the “Securities Intermediary”).
MORTGAGE, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT FROM KANSAS STAR CASINO, LLC TO WELLS FARGO CAPITAL FINANCE, INC., AS AGENT Dated effective as of March 18, 2011 Relating to Premises in: Sumner County, KansasMortgage, Assignment of Rents, Security Agreement and Fixture Financing Statement • May 16th, 2011 • Peninsula Gaming, LLC • Services-amusement & recreation services • Kansas
This Mortgage Assignment of Rents, Security Agreement and Fixture Financing Statement (this “Mortgage”) is made effective as of March 18, 2011, by KANSAS STAR CASINO, LLC, a Kansas limited liability company (the “Company”), in favor of WELLS FARGO CAPITAL FINANCE, INC. (f/k/a Wells Fargo Foothill, Inc.), a California corporation, as agent (“Agent”; Agent, together with its successors and assigns, is referred to herein as “Mortgagee”) for the Lenders (as defined in the hereinafter defined Loan Agreement) under that certain Amended and Restated Loan and Security Agreement, dated as of October 29, 2009, as amended by that certain First Amendment to Amended and Restated Loan and Security Agreement, dated as of June 15, 2010, and as further amended by that certain Second Amendment to Amended and Restated Loan and Security Agreement, dated as of February 2, 2011 (as hereafter amended, restated, supplemented or otherwise modified from time to time, collectively, the “Loan Agreement”) among th
Multi-Party Blocked Account AgreementMulti-Party Blocked Account Agreement • March 31st, 2006 • Peninsula Gaming, LLC • Services-amusement & recreation services • Iowa
This Multi-Party Blocked Account Agreement (this “Agreement”), dated as of July 19, 2005, is made by and among Diamond Jo Worth, LLC (“Customer”), U.S. Bank National Association, as Trustee as Secured Party (the “Secured Party”) and American Trust and Savings Bank (the “Depositary”).
CASH COLLATERAL AND DISBURSEMENT AGREEMENT among U.S. BANK NATIONAL ASSOCIATION, as the Disbursement Agent, U.S. BANK NATIONAL ASSOCIATION, as the Trustee, and DIAMOND JO WORTH, LLC and DIAMOND JO WORTH CORP., together, as the Issuers Dated as of July...Cash Collateral and Disbursement Agreement • August 25th, 2005 • Peninsula Gaming, LLC • Services-amusement & recreation services • New York
THIS CASH COLLATERAL AND DISBURSEMENT AGREEMENT (as amended, supplemented or otherwise modified from time to time, this “Agreement”) is dated as of July 19, 2005, by and among U.S. Bank National Association, having an office at 60 Livingston Avenue, St. Paul, Minnesota 55107, as trustee (together with its successors and assigns, the “Trustee”) under the Indenture (as defined below), U.S. Bank National Association, as disbursement agent (together with its successors and assigns, the “Disbursement Agent”), Diamond Jo Worth, LLC, a Delaware limited liability company (the “Company”), and Diamond Jo Worth Corp., a Delaware corporation (“DJW Corp.” and, together with the Company, the “Issuers”).
SUPPLEMENT TO SECURITY AGREEMENTSupplement to Security Agreement • November 15th, 2005 • Peninsula Gaming, LLC • Services-amusement & recreation services
This SUPPLEMENT TO SECURITY AGREEMENT, dated June 30, 2005 is delivered by the undersigned in favor of U.S. Bank National Association, as Trustee (together with any successor Trustee pursuant to the terms of the Indenture, the “Secured Party”), acting in the capacity of collateral agent for the benefit of itself and the Holders, pursuant to the Pledge and Security Agreement, dated as of April 16, 2004 (as it may be from time to time amended, restated, modified or supplemented, the “Security Agreement”), among Diamond Jo, LLC, a Delaware limited liability company (“DJL”), Peninsula Gaming Corp., a Delaware corporation (f/k/a The Old Evangeline Downs Capital Corp.) (“Gaming”), OED Acquisition, LLC, a Delaware limited liability company (“OEDA”), Peninsula Gaming Corporation, a Delaware corporation (“PG Corp.”), The Old Evangeline Downs, L.L.C., a Louisiana limited liability company (“OED”), and each additional Guarantor (as defined in the Indenture referred to therein) and Issuer (as defi
DIAMOND JO WORTH, LLC AND DIAMOND JO WORTH CORP. (as Issuers) 11% Senior Secured Notes due 2012 THIRD SUPPLEMENTAL INDENTURE DATED OCTOBER 16, 2007 TO THE INDENTURE DATED AS OF JULY 19, 2005 (as Trustee)Third Supplemental Indenture • March 28th, 2008 • Peninsula Gaming, LLC • Services-amusement & recreation services • New York
THIS THIRD SUPPLEMENTAL INDENTURE, dated as of October 16, 2007 (the “Supplemental Indenture”), by and among Diamond Jo Worth, LLC (the “Company”, a Delaware limited liability company, Diamond Jo Worth Corp. (“DJW Corp.”), a Delaware corporation, and U.S. Bank National Association, as trustee (the “Trustee”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Indenture (as defined below).
SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 4th, 2011 • Peninsula Gaming, LLC • Services-amusement & recreation services • New York
This SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of February 2, 2011, by and among PENINSULA GAMING, LLC, a Delaware limited liability company (“Parent”), DIAMOND JO, LLC, a Delaware limited liability company (“DJL”), THE OLD EVANGELINE DOWNS, L.L.C., a Louisiana limited liability company (“OED”), DIAMOND JO WORTH, LLC, a Delaware limited liability company (“DJW”), BELLE OF ORLEANS, L.L.C., a Louisiana limited liability company (“Amelia Belle”), KANSAS STAR CASINO, LLC, a Kansas limited liability company (“Kansas Star”; and together with Parent, DJL, OED, DJW and Amelia Belle, referred to hereinafter each individually as a “Borrower”, and individually and collectively, as “Borrowers”), PENINSULA GAMING CORP., a Delaware corporation (“Guarantor”), the Lenders (as defined in the hereinafter defined Loan Agreement) signatories hereto, and WELLS FARGO CAPITAL FINANCE, INC. (formerly known as Wells Fargo Foothill, Inc.), a Calif
RECORDING REQUESTED BY, AND WHEN RECORDED RETURN TO: Paul, Hastings, Janofsky & Walker LLPSubordination Agreement • November 15th, 2005 • Peninsula Gaming, LLC • Services-amusement & recreation services • Iowa
ACKNOWLEDGMENT AND AGREEMENTStock Pledge Agreement • November 15th, 2005 • Peninsula Gaming, LLC • Services-amusement & recreation services
Diamond Jo Worth, LLC, a Delaware limited liability company (the “Pledged Company”) hereby (i) acknowledges receipt of a fully executed copy of the foregoing Stock Pledge Agreement, dated as of June 16, 2004, as amended by that certain First Amendment to Pledge Agreement dated as of November 10, 2004 and as supplemented by that certain Stock Pledge Agreement Supplement dated as of even date herewith (the “Supplement”) (as amended, restated, supplemented or otherwise modified from time to time, the “Agreement”; capitalized terms used herein without definition have the meanings provided therein), made by the Pledgors in favor of Wells Fargo Foothill, Inc., as Agent; (ii) consents and agrees to the pledge by the Pledgors of the Pledged Collateral pursuant to the Agreement and to all of the other terms and provisions of the Agreement; (iii) represents and warrants that it has no knowledge, prior to giving effect to this acknowledgment, of any lien, restriction or adverse claim of any kind
CONSENT AND WAIVER August 6, 2009Consent and Waiver • November 10th, 2009 • Peninsula Gaming, LLC • Services-amusement & recreation services
SECOND AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • March 31st, 2006 • Peninsula Gaming, LLC • Services-amusement & recreation services • Delaware
This Second Amendment to the Employment Agreement (this “Second Amendment”), dated as of September 12, 2005, is entered into by and among Peninsula Gaming, LLC, a Delaware limited liability company (the “Employer”), and Jonathan Swain (the “Employee”).
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 16th, 2005 • Peninsula Gaming, LLC • Services-amusement & recreation services • New York
This SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of July 12, 2005, among DIAMOND JO, LLC (formerly known as Peninsula Gaming Company, LLC), a Delaware limited liability company (“DJL”), THE OLD EVANGELINE DOWNS, L.L.C., a Louisiana limited liability company (“OED”), DIAMOND JO WORTH, LLC, a Delaware limited liability company (“DJW”, and together with OED and DJL, referred to hereinafter each individually as a “Borrower”, and individually and collectively, as “Borrowers”), the Lenders (as defined in the hereinafter defined Loan Agreement) signatories hereto, and WELLS FARGO FOOTHILL, INC., a California corporation, as the arranger and agent for the Lenders (“Agent”).
TRADEMARK SECURITY AGREEMENTTrademark Security Agreement • November 10th, 2009 • Peninsula Gaming, LLC • Services-amusement & recreation services • New York
This TRADEMARK SECURITY AGREEMENT (this “Agreement”), entered into as of the 6th day of August 2009, by and between THE OLD EVANGELINE DOWNS, L.L.C., a Louisiana limited liability company (“Pledgor”), and WELLS FARGO FOOTHILL, INC., a California corporation, as agent for the Lenders (as defined in the hereinafter defined Loan Agreement) (“Agent”).
STOCK PLEDGE AGREEMENT SUPPLEMENTStock Pledge Agreement Supplement • November 15th, 2005 • Peninsula Gaming, LLC • Services-amusement & recreation services
This Stock Pledge Agreement Supplement, dated as of May 13, 2005, is delivered pursuant to Section 4(a) of the Pledge Agreement described below. The undersigned hereby agrees that this Pledge Agreement Supplement may be attached to the Stock Pledge Agreement dated as of June 16, 2004 (as amended, restated, supplemented or otherwise modified from time to time, the “Pledge Agreement”; the terms defined therein and not otherwise defined herein are used herein as therein defined), among each of the parties listed on the signature pages thereto as pledgors and those additional entities that thereafter become parties thereto as pledgors (collectively, the “Pledgors”) and Wells Fargo Foothill, Inc., as agent for the Lenders (as defined in the Loan Agreement) (the “Agent”), pursuant to the Loan Agreement, and that the additional interests listed on Schedule 1(a) of this Pledge Agreement Supplement shall be and become part of the Pledged Interests pledged by the Pledgors to the Agent in the Ple
PLEDGE SUPPLEMENTPledge Supplement • March 11th, 2011 • Peninsula Gaming, LLC • Services-amusement & recreation services
This PLEDGE SUPPLEMENT, dated as of January 31, 2011 (this “Pledge Supplement”), is delivered by KANSAS STAR CASINO, LLC, a Kansas limited liability company (the “Grantor”), pursuant to the Pledge and Security Agreement, dated as of August 6, 2009 (as amended, restated, supplemented or otherwise modified from time to time, the “Security Agreement”), among DIAMOND JO, LLC, a Delaware limited liability company, DIAMOND JO WORTH, LLC, a Delaware limited liability company, PENINSULA GAMING, LLC, a Delaware limited liability company (“PGL”), PENINSULA GAMING CORP., a Delaware corporation (“PGC”), THE OLD EVANGELINE DOWNS, L.L.C., a Louisiana limited liability company, BELLE OF ORLEANS, L.L.C., a Louisiana limited liability company, the other Grantors from time to time party thereto and U.S. BANK NATIONAL ASSOCIATION, as Collateral Agent. Capitalized terms used herein not otherwise defined herein shall have the meanings ascribed thereto in the Security Agreement.
MORTGAGE, LEASEHOLD MORTGAGE, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT FROM DIAMOND JO, LLC (formerly known as Peninsula Gaming Company, LLC) TO WELLS FARGO FOOTHILL, INC., AS AGENTMortgage, Leasehold Mortgage, Assignment of Rents, Security Agreement and Fixture Financing Statement • March 30th, 2010 • Peninsula Gaming, LLC • Services-amusement & recreation services • Iowa
This Mortgage (this “Shore Mortgage”) is made as of June 16, 2004, by Diamond Jo, LLC (formerly known as Peninsula Gaming Company, LLC), a Delaware limited liability company (the “Company”), in favor of Wells Fargo Foothill, Inc., a California corporation, as agent (“Agent”; Agent, together with its successors and assigns, is referred to herein as “Mortgagee”) for the Lenders (as defined in the hereinafter defined Loan Agreement) under that certain Loan and Security Agreement dated as of June 16, 2004 (as amended, restated, supplemented or otherwise modified from time to time, the “Loan Agreement”) among the Company, The Old Evangeline Downs, L.L.C., a Louisiana limited liability company (“OED,” together with the Company, collectively, “Borrowers,” and each, a “Borrower), Mortgagee and Lenders.
FIRST AMENDMENT TO IOWA SHORE MORTGAGEIowa Shore Mortgage • March 30th, 2010 • Peninsula Gaming, LLC • Services-amusement & recreation services • Iowa
This FIRST AMENDMENT TO IOWA SHORE MORTGAGE (this “Amendment”) is entered into as of November 10, 2004, between DIAMOND JO, LLC (formerly known as Peninsula Gaming Company, LLC), a Delaware limited liability company (the “Company”), and WELLS FARGO FOOTHILL, INC., a California corporation, as agent for the Lenders (“Agent”; Agent, together with its successors and assigns, is referred to herein as “Mortgagee”).
PENINSULA GAMING, LLC AND PENINSULA GAMING CORP., as Issuers AND as Trustee SECOND SUPPLEMENTAL INDENTURE Dated as of January 27, 2011 TO THE INDENTURE Dated as of August 6, 2009 8⅜% Senior Secured Notes due 2015Second Supplemental Indenture • March 11th, 2011 • Peninsula Gaming, LLC • Services-amusement & recreation services • New York
Second Supplemental Indenture (this “Supplemental Indenture”), dated as of January 27, 2011, among Peninsula Gaming, LLC, a Delaware limited liability company (the “Company”), Peninsula Gaming Corp., a Delaware corporation (“PGC” and, together with the Company, the “Issuers”) and U.S. Bank National Association, as trustee and collateral agent under the Indenture referred to below (the “Trustee”). Capitalized terms used herein but not otherwise defined shall have the meanings ascribed thereto in the Indenture.
TRADEMARK SECURITY AGREEMENTTrademark Security Agreement • November 10th, 2009 • Peninsula Gaming, LLC • Services-amusement & recreation services • New York
This TRADEMARK SECURITY AGREEMENT (this “Agreement”), entered into as of the 29th day of October 2009, by and between among Grantors listed on the signature pages hereof (collectively, jointly and severally, “Grantors” and each individually “Grantor”), and WELLS FARGO FOOTHILL, INC., a California corporation, as agent for the Lenders (as defined in the hereinafter defined Loan Agreement) (“Agent”).
PREFERRED SHIP MORTGAGE ON THE WHOLE OF THE BELLE OF ORLEANS (U.S.C.G. Official Number 1033140) Maximum Principal Amount of $240,000,000 BELLE OF ORLEANS, L.L.C. c/o Peninsula Gaming Partners, LLC Dubuque, Iowa 52001 Attn: Natalie Schramm Owner and...Preferred Ship Mortgage • February 2nd, 2010 • Peninsula Gaming, LLC • Services-amusement & recreation services
Total Amount and Discharge Amount: $240,000,000 (or such lesser amount of principal as shall have been advanced and remain outstanding) Together With Interest, Premium, if any, Liquidated Damages, if any, Expenses, Fees and Performance of Mortgage Covenants
ACKNOWLEDGMENTIntercreditor Agreement • November 15th, 2005 • Peninsula Gaming, LLC • Services-amusement & recreation services
The undersigned hereby acknowledges that (a) it has received a copy of the foregoing Intercreditor Agreement, dated as of April 16, 2004 (the “Intercreditor Agreement”; undefined capitalized terms used in this Acknowledgment have the meanings assigned to them in the Intercreditor Agreement), by and among U.S. Bank National Association, as Trustee and Secured Party, and Wells Fargo Foothill, Inc., as Credit Facility Lender (as defined below), and consents thereto, and agrees to recognize all rights granted thereby to the Parties, and will not do any act or perform any obligation that is not in accordance with the agreements set forth in such Intercreditor Agreement; and (b) it is not an intended beneficiary or third party beneficiary under the Intercreditor Agreement.
THIRD AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 16th, 2011 • Peninsula Gaming, LLC • Services-amusement & recreation services • New York
This THIRD AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of May __, 2011, by and among PENINSULA GAMING, LLC, a Delaware limited liability company (“Parent”), DIAMOND JO, LLC, a Delaware limited liability company (“DJL”), THE OLD EVANGELINE DOWNS, L.L.C., a Louisiana limited liability company (“OED”), DIAMOND JO WORTH, LLC, a Delaware limited liability company (“DJW”), BELLE OF ORLEANS, L.L.C., a Louisiana limited liability company (“Amelia Belle”), KANSAS STAR CASINO, LLC, a Kansas limited liability company (“Kansas Star”; and together with Parent, DJL, OED, DJW and Amelia Belle, referred to hereinafter each individually as a “Borrower”, and individually and collectively, as “Borrowers”), PENINSULA GAMING CORP., a Delaware corporation (“Guarantor”), the Lenders (as defined in the hereinafter defined Loan Agreement) signatories hereto, and WELLS FARGO CAPITAL FINANCE, INC. (formerly known as Wells Fargo Foothill, Inc.), a California
SECOND AMENDMENT TO FIRST PREFERRED SHIP MORTGAGEFirst Preferred Ship Mortgage • November 15th, 2005 • Peninsula Gaming, LLC • Services-amusement & recreation services • Maritime
This SECOND AMENDMENT TO FIRST PREFERRED SHIP MORTGAGE (this “Amendment”) is entered into as of July 12, 2005, between DIAMOND JO, LLC (formerly known as Peninsula Gaming Company, LLC), a Delaware limited liability company (the “Shipowner”), and WELLS FARGO FOOTHILL, INC., a California corporation, as the arranger and agent for the Lenders (“Agent”; Agent, together with its successors and assigns, is referred to herein as the “Mortgagee”).
PENINSULA GAMING, LLC AND PENINSULA GAMING CORP., as Issuers, KANSAS STAR CASINO, LCC As Subsidiary Guarantor AND as Trustee THIRD SUPPLEMENTAL INDENTURE Dated as of January 31, 2011 TO THE INDENTURE Dated as of August 6, 2009 10¾% Senior Unsecured...Third Supplemental Indenture • March 11th, 2011 • Peninsula Gaming, LLC • Services-amusement & recreation services • New York
Third Supplemental Indenture (this “Supplemental Indenture”), dated as of January 31, 2011, among Kansas Star Casino, LLC, a Kansas limited liability company (the “Guaranteeing Subsidiary”), Peninsula Gaming, LLC, a Delaware limited liability company (the “Company”) and Peninsula Gaming Corp., a Delaware corporation (“PGC” and, together with the Company, the “Issuers,” which term includes any successors under, and any additional “Issuers” that may become a party to the Indenture hereinafter referred to), and U.S. Bank National Association, as trustee under the Indenture referred to below (the “Trustee”).
MULTIPLE OBLIGATIONS MORTGAGEMultiple Obligations Mortgage • March 30th, 2010 • Peninsula Gaming, LLC • Services-amusement & recreation services • Louisiana
BE IT KNOWN, that on the 16th day of June, 2004, effective as of June 16, 2004, before me, the undersigned Notary Public, and in the presence of the undersigned competent witnesses, personally came and appeared:
FIRST AMENDMENT TO INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • November 15th, 2005 • Peninsula Gaming, LLC • Services-amusement & recreation services • New York
This FIRST AMENDMENT TO INTERCOMPANY SUBORDINATION AGREEMENT (this “Amendment”) is entered into as of May 13, 2005, among THE OLD EVANGELINE DOWNS, L.L.C., a Louisiana limited liability company (“OED”), DIAMOND JO WORTH, LLC, a Delaware limited liability company (“DJW”), DIAMOND JO, LLC (formerly known as Peninsula Gaming Company, LLC), a Delaware limited liability company (“DJO”; together with OED and DJW, hereinafter collectively referred to as the “Borrowers” and each individually, a “Borrower”), PENINSULA GAMING CORP. (formerly known as The Old Evangeline Downs Capital Corp.), a Delaware corporation (“OED Capital”), PENINSULA GAMING, LLC, a Delaware limited liability company (“Peninsula Gaming”), OED ACQUISITION, LLC, a Delaware limited liability company (“OEDA”), and WELLS FARGO FOOTHILL, INC., a California corporation, as agent for the Lenders (as defined in the Senior Loan Agreement defined below) (“Agent”).
EMPLOYMENT AGREEMENTEmployment Agreement • March 31st, 2006 • Peninsula Gaming, LLC • Services-amusement & recreation services • Iowa
This EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into as of this 5th day of September, 2004, by and between The Old Evangeline Downs, L.L.C. (hereinafter the “Employer”) and Michael Howard (hereinafter the “Employee”).
TRADEMARK SECURITY AGREEMENTTrademark Security Agreement • November 10th, 2009 • Peninsula Gaming, LLC • Services-amusement & recreation services • New York
This TRADEMARK SECURITY AGREEMENT, dated as of August 6, 2009 (as it may be amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), is made by THE OLD EVANGELINE DOWNS, L.L.C., a Louisiana limited liability company (the “Company”), in favor of U.S. BANK NATIONAL ASSOCIATION, as collateral agent for the Secured Parties (in such capacity, together with its successors and permitted assigns, the “Collateral Agent”).
PENINSULA GAMING, LLC AND PENINSULA GAMING CORP., as Issuers AND as Trustee FOURTH SUPPLEMENTAL INDENTURE Dated as of February 1, 2011 TO THE INDENTURE Dated as of August 6, 2009 8⅜% Senior Secured Notes due 2015Fourth Supplemental Indenture • February 4th, 2011 • Peninsula Gaming, LLC • Services-amusement & recreation services • New York
Fourth Supplemental Indenture (this “Supplemental Indenture”), dated as of February 1, 2011, among Peninsula Gaming, LLC, a Delaware limited liability company (the “Company”), Peninsula Gaming Corp., a Delaware corporation (“PGC” and, together with the Company, the “Issuers”) and U.S. Bank National Association, as trustee and collateral agent under the Indenture referred to below (the “Trustee”). Capitalized terms used herein but not otherwise defined shall have the meanings ascribed thereto in the Indenture.
PENINSULA GAMING, LLC AND PENINSULA GAMING CORP., as Issuers AND as Trustee SECOND SUPPLEMENTAL INDENTURE Dated as of January 27, 2011 TO THE INDENTURE Dated as of August 6, 2009 10¾% Senior Unsecured Notes due 2017Second Supplemental Indenture • March 11th, 2011 • Peninsula Gaming, LLC • Services-amusement & recreation services • New York
Second Supplemental Indenture (this “Supplemental Indenture”), dated as of January 27, 2011, among Peninsula Gaming, LLC, a Delaware limited liability company (the “Company”), Peninsula Gaming Corp., a Delaware corporation (“PGC” and, together with the Company, the “Issuers”) and U.S. Bank National Association, as trustee under the Indenture referred to below (the “Trustee”). Capitalized terms used herein but not otherwise defined shall have the meanings ascribed thereto in the Indenture.
BORROWER SUPPLEMENT NO. 1Loan and Security Agreement • November 15th, 2005 • Peninsula Gaming, LLC • Services-amusement & recreation services
Reference is made to that certain Loan and Security Agreement dated as of June 16, 2004, as amended by that certain First Amendment to Loan and Security Agreement dated as of November 10, 2004 (as heretofore amended and as otherwise amended, restated, supplemented or modified from time to time, the “Loan Agreement”; capitalized terms used herein without definition shall have the meanings ascribed thereto in the Loan Agreement), among DIAMOND JO, LLC (formerly known as Peninsula Gaming Company, LLC), a Delaware limited liability company (“DJL”), THE OLD EVANGELINE DOWNS, L.L.C., a Louisiana limited liability company (“OED, and together with DJL, referred to hereinafter each individually as a “Borrower”, and collectively, as “Borrowers”), Lenders signatories thereto, and WELLS FARGO FOOTHILL, INC., a California corporation, as the arranger and agent for the Lenders (“Agent”).
