FOURTH AMENDMENT TO LEASE AGREEMENT
Exhibit
10.18(h)
FOURTH AMENDMENT TO LEASE AGREEMENT
THIS FOURTH AMENDMENT TO LEASE AGREEMENT (“Fourth
Amendment”), is made on March , 2006, and effective as of January 1, 2006, by
and among the City of Evansville, Indiana (the “City”), acting by and through the Redevelopment
Commission of the City of Evansville, Indiana, organized and operating under IC 36-7-14
(“Commission”), Aztar Indiana Gaming Company, LLC, a limited liability company, organized and
existing under the laws of the State of Indiana (“Tenant”), and Aztar Corporation, a corporation
organized and existing under the laws of the State of Delaware (“Guarantor”).
RECITALS
A. The Commission, Tenant and Guarantor are the parties in interest to that certain Evansville
Riverboat Landing Lease dated May 2, 1995 (the “Original Lease”), as amended by an Amendment to
Lease Agreement effective December 1, 2001 (the “First
Amendment”), as further amended by that
certain Second Amendment to Lease Agreement dated August 27, 2003 (the “Second Amendment”), as
further amended by those certain Memorandums of Understanding made effective as of December 1,
2004, March 15, 2005, May 12, 2005, and June 7, 2005, respectively (the “MOUs”), and as further
amended by that certain Third Amendment to Lease Agreement effective December 1, 2005 (the “Third
Amendment”) the Original Lease, the First Amendment, the Second Amendment, the MOUs and the Third
Amendment, collectively, the “Lease”).
B. The Commission and Tenant desire to amend the Lease in order to reflect Tenant’s change of
its fiscal year to a calendar year, effective January 1, 2006, by deleting reference to the Fiscal
Year Schedule.
NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged,
the Commission, Tenant and the Guarantor agree to amend the Lease as follows. Capitalized terms
not otherwise defined herein shall have the meaning ascribed thereto in the Lease.
1. Use of Term “Lease Year”. Section 4.02 of the Lease is hereby amended in its
entirety to read as follows:
“Section 4.02. Use of the Term “Lease Year”. Throughout the Demised Term, the use of the
term “Year” or “Lease Year” in this Lease shall refer to a period commencing December 1
and terminating as of November 30 of the subsequent calendar year. For purposes of this
Lease, the term “month” shall mean a calendar month.”
2. Lease
in Full Force and Effect. Except as expressly amended by this Fourth
Amendment, the Lease shall remain unchanged and in full force and effect, as amended herein.
3. Affirmation of Guaranty. Guarantor hereby unconditionally guarantees and
promises to perform and reaffirms its obligations under the Lease, as amended by this Fourth
Amendment.
4. Third Party Approvals. This Fourth Amendment is subject to approval by any lender
to Tenant or to Guarantor and by the Indiana Gaming Commission, if required.
5. Authorization.
The Parties respectively represent to one another that the
execution, delivery and performance of this Fourth Amendment have been duly authorized and this
Fourth Amendment constitutes the legally binding obligation of the respective Parties.
6. Definitions. All of the capitalized terms used herein, but not defined in this
Fourth Amendment, shall have the meaning set forth in the Project Agreement and the Lease.
IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to execute
this Fourth Amendment as of the day and year first above written.
| AZTAR INDIANA GAMING | AZTAR CORPORATION | |||||||||
| COMPANY, LLC | ||||||||||
| By: | By: | |||||||||
Printed Name:
|
Printed Name: | |||||||||
| Title: | Title: | |||||||||
| REDEVELOPMENT COMMISSION OF | ||||||||||
| THE CITY OF EVANSVILLE, INDIANA | ||||||||||
2
