EXHIBIT 4.17
ASSIGNMENT OF COPYRIGHT
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WHEREAS, Isle of Capri Black Hawk L.L.C., a Colorado limited liability
company (the "Company") and Isle of Capri Black Hawk Capotal Corp., a Colorado
corporation ("Capital Corp" and, together with Capital Corp., collectively, the
"Grantors" and each, a "Grantor") and IBJ Xxxxxxxx Bank & Trust Company, and New
York banking corporation, having an office at Xxx Xxxxx Xxxxxx, Xxx Xxxx, Xxx
Xxxx 00000 (the "Trustee") are entering into that certain Indenture dated as of
August 20, 1997 (as the same may be amended, supplemented or otherwise modified
from time to time, the "Indenture"), pursuant to which the Grantors are issuing
their 13% First Mortgage Notes due 2004 with Contingent Interest (such Notes,
together with any Notes issued in replacement thereof or in exchange therefor,
the "Securities"), in the aggregate principal amount of $75,000,000;
WHEREAS, pursuant to the terms of the Security Agreement dated as of August
20, 1997 (as said Agreement may be amended, supplemented or otherwise modified
from time to time, the "Security Agreement"; capitalized terms used and not
otherwise defined have the meanings assigned to such terms in the Security
Agreement), between Grantors and the Trustee (in such capacity, "Grantee"), each
Grantor has assigned and granted to Grantee for Grantee's benefit and the
ratable benefit of the holders from time to time of the Securities (the
"Holders") a security interest in substantially all the assets of such Grantor
including all right, title and interest of such Grantor in, to and under all now
owned and hereafter acquired Trademarks, Trademark registrations, Trademark
applications and Trademark Licenses, together with the goodwill of the business
symbolized by such Grantor's Trademarks, and all proceeds thereof, to secure the
payment of the Obligations; and
WHEREAS, each Grantor, owns the Copyrights, Copyright registrations and
Copyright applications, and is a party to the Copyright Licenses, listed for
such Grantor on Schedule 1 annexed hereto.
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NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, each Grantor does hereby grant and
assign to Grantee a continuing security interest in all of such Grantor's right,
title and interest in, to and under the following (all of the following items or
types of property being herein collectively referred to as the "Copyright
Collateral"), whether presently existing or hereafter created or acquired:
(1) all copyrights in all works, whether published or unpublished,
registered or unregistered, all registrations and recordings thereof,
and all applications in connection therewith, including, without
limitation, registrations, recordings and applications in the United
States Copyright Office or in any other country, including in each
case, without limitation, those listed on Schedule 1, and (b) all
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renewals thereof;
(2) any and all agreements, written or oral, providing for the
grant by or to such Grantor of any right to reproduce, copy
publish or otherwise use any right to reproduce, copy,
publish or otherwise use any Copyright, including, without
limitation, the agreements set forth on Schedule 1; and
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(3) all products and proceeds of the foregoing, including,
without limitation, any claim by such Grantor against third
parties for past, present or future (a) infringement or
dilution of any Copyright or copyright registration
including, without limitations, the Copyright and copyright
registrations referred to in Schedule 1 annexed hereto, the
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Copyright registrations issued with respect to the
Copyrights applications referred in Schedule 1 and the
Copyrights licensed under the Copyright License, or (b)
injury to the goodwill associated with any Copyright,
copyright registration or Copyright licensed under any
Copyright License.
This assignment and grant of security interest is granted in
conjunction with the security interests granted to Grantee pursuant to the
Security Agreement. Each Grantor hereby acknowledges and affirms that the rights
and remedies of Grantee with respect to the assignment and security interest in
the Copyright Collateral made and granted hereby are more fully set forth in the
Security Agreement, the terms and provisions of which are incorporated by
reference herein as if fully set forth herein.
IN WITNESS WHEREOF, Grantors have caused this Assignment of Copyright to be
duly executed as of the 20th day of August, 1997.
ISLE OF CAPRI BLACK HAWK L.L.C.
By: /s/ Xxxxx X. Xxxxxxx
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Name: Xxxxx X. Xxxxxxx
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Title: Secretary
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By: /s/ X. Xxxxxx Xxxx
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Name: X. Xxxxxx Xxxx
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Title: Vice President
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ISLE OF CAPRI BLACK HAWK CAPITAL CORP.
By: /s/ Xxxxx X. Xxxxxxx
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Name: Xxxxx X. Xxxxxxx
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Title: Secretary
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IBJ XXXXXXXX BANK & TRUST COMPANY
By: /s/ Xxxxxxx X. Xxxxx
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Title: Xxxxxxx X. Xxxxx
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On August 19, 1997, before me, Xxxxxx X. Xxxxxxxxx, Notary Public,
personally appeared Xxxxx X. Xxxxxxx, [_] personally known to me OR [X] proved
to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
/s/ Xxxxxx X. Xxxxxxxxx
---------------------------------
Signature of Notary
[NOTARY PUBLIC SEAL
APPEARS HERE]
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On August 19, 1997, before me, Xxxxxx X. Xxxxxxxxx, Notary Public,
personally appeared Xxxxxx Xxxxxx Xxxx, [_] personally known to me OR [X] proved
to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
/s/ Xxxxxx X. Xxxxxxxxx
---------------------------------
Signature of Notary
[NOTARY PUBLIC SEAL
APPEARS HERE]
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On August 19, 1997, before me, Xxxxxx X. Xxxxxxxxx, Notary Public,
personally appeared Xxxxxxx X. Xxxxx, [_] personally known to me OR [X] proved
to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
/s/ Xxxxxx X. Xxxxxxxxx
---------------------------------
Signature of Notary
[NOTARY PUBLIC SEAL
APPEARS HERE]
ASSIGNMENT OF COPYRIGHT
Schedule 1
COPYRIGHTS
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None
COPYRIGHT REGISTRATIONS
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XXXX XXX. NO. DATE FIRST USE GOODS
---- -------- ---- --------- -----
None
COPYRIGHT APPLICATIONS
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None
COPYRIGHT LICENSES
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Name of Agreement Parties Date of Agreement
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None
Schedule 1-1
