Exhibit 10.9H
SEVENTH AMENDMENT TO OPERATING AGREEMENT
This SEVENTH AMENDMENT TO OPERATING AGREEMENT is made and entered into
this 6th day of April, 1994, between DUBUQUE RACING ASSOCIATION, LTD., an Iowa
nonprofit corporation, (hereinafter referred to as "DRA") and GREATER DUBUQUE
RIVERBOAT ENTERTAINMENT COMPANY, L.C., an Iowa limited liability company,
(hereinafter referred to as "Greater Dubuque").
RECITALS:
A. On February 22, 1993, DRA and Greater Dubuque signed an Operating
Agreement setting forth their respective rights, duties and obligations with
regard to excursion gambling boat operations under Chapter 99F of the Iowa Code.
Amendments to said Operating Agreement were signed on February 22, 1993, March
4, 1993, March 11, 1993, April 9, 1993, and November 29, 1993, amending said
Operating Agreement.
B. DRA and Greater Dubuque have jointly agreed to further amend and modify
the terms of the Operating Agreement, as previously amended, referred to in
Recital A above.
NOW, THEREFORE, IT IS AGREED that notwithstanding the provisions of
paragraph 4(a)(3) of the Operating Agreement, the $500,000.00 minimum payment
owing to DRA for the April 1, 1993 - March 31, 1994 excursion season shall be
due and payable on May 1, 1994.
Except as specifically amended above, all of the provisions of the
February 22, 1993 Operating Agreement and existing Amendments thereto shall
remain in full force and effect.
Dated this 6th day of April, 1994.
DUBUQUE RACING ASSOCIATION, LTD.
By /s/ Xxxxx Xxxxxxxx
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Xxxxx Xxxxxxxx, President
By /s/ Xxx Xxxxxxxx
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Xxx Xxxxxxxx, Secretary
GREATER DUBUQUE RIVERBOAT
ENTERTAINMENT CORP., L.C.
By /s/ Xxxxxx X. Xxxxx
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Xxxxxx X. Xxxxx, Managing Member
