AMENDMENT NO. 1 TO PURCHASE AGREEMENT
AMENDMENT
NO. 1 TO PURCHASE AGREEMENT
THIS AMENDMENT NO. 1 TO PURCHASE
AGREEMENT is made as of November 24, 2009 (this “Amendment”) between XXXXX XXXXXXXX LIMITED in its
capacity as interim receiver and receiver and manager of EGC Holdings Ltd. and
not in its personal capacity (“Receiver”), and CENTURY CASINOS EUROPE GMBH
(“Purchaser”).
WHEREAS:
A. Receiver
and Purchaser are parties to a Purchase Agreement made as of November 6, 2009
(the “Purchase
Agreement”).
B. Receiver
and Purchaser desire to amend the Purchase Agreement as hereinafter set
forth.
IN CONSIDERATION of the mutual
agreements in this Amendment, Receiver and Purchaser agree as
follows:
1.
The first sentence of the last paragraph of Section 19.1 of the Purchase
Agreement is hereby amended to read in full as follows:
Any such
notice, direction, request or other communication will be deemed to have been
given or made on the date on which it was delivered or, in the case of fax or
email, (i) on the day it was transmitted if faxed or emailed on a Business Day
between the hours of 9 am and 5 pm (local time for the receiving party) and (ii)
otherwise, on the next Business Day after receipt of transmission.
2. The
Purchase Agreement as amended hereby shall continue in full force and
effect.
IN
WITNESS WHEREOF the parties have executed this Amendment effective as of the day
and year first above written notwithstanding the date of execution.
XXXXX XXXXXXXX LIMITED
in its capacity as interim receiver and receiver and manager of EGC
Holdings Ltd., and not in its personal capacity
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CENTURY
CASINOS EUROPE GMBH
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Per:
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/s/ Xxxx Xxxxxxxx |
Per:
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/s/ Xxxxx Xxxxxxxxx | |
Authorized
Signatory
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Authorized
Signatory
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Xxxx Xxxxxxxx | Xxxxx Xxxxxxxxx | |||
Name
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Name
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Senior Vice President | Authorized Signatory | |||
Title
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Title
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24 November 2009 | 24 November 2009 | |||
Date
of Execution
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Date
of Execution
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Each of
the undersigned (i) acknowledges the terms of the foregoing Amendment and (ii)
confirms that such party is not released from its obligations under the Purchase
Agreement as a result thereof.
FASKEN
XXXXXXXXX DUMOULIN LLP
Per:
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/s/ Xxxxxx Xxxxxxx |
Authorized
Signatory
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Xxxxxx Xxxxxxx | |
Name
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Partner | |
Title
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24 November 2009 | |
Date
of Execution
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FORTRESS
CREDIT CORP., as Agent for Fortress Credit Opportunities I LP and Fortress
Credit Funding II LP
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By:
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/s/ Xxxx Xxxxxxxx |
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Name | Xxxx Xxxxxxxx |
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Title | Chief Operating Officer |
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Date of Execution | 24 November 2009 |
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