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EXHIBIT 10.21
AMENDMENT NO. 1 TO SETTLEMENT AGREEMENT
THIS AGREEMENT is made and entered into the 7th day of January, 1997
and modifies that certain Settlement Agreement ("Settlement Agreement") made
and entered into the 30th day of September, 1994, by and between Xxxxx X. Xxxx
Company, a corporation with its principal place of business being located at
0000 Xxxx Xxxxxx, Xxxxx Xxxx, Xxxxx Xxxxxx 00000 ("BHLC"); Concorde Gaming
Corporation, a corporation with its principal place of business being located
at 0000 Xxxx Xxxxxx, Xxxxx Xxxx, Xxxxx Xxxxxx 00000 ("CONCORDE"); Four Bears
Investment Limited Liability Company, a limited liability company organized
under the laws of the State of Colorado, with its principal place of business
located at 000 Xxxxx Xxxxxxxxxx Xxxxx, Xxxxx, Xxxxx Xxxxxx 00000 ("FBILLC");
and Xxxxxxxx "Xxxxx" X. Xxxx, whose principal address is X.X. Xxx 000, Xxxxx
Xxxx, Xxxxx Xxxxxx 00000 ("LIEN").
RECITALS
A. As of the date of this Agreement, the remaining amount due by
BHLC to FBILLC per the provisions of the Settlement Agreement is $534,306.49,
plus interest as hereinafter provided for.
B. BHLC is currently unable to make the monthly payments to
FBILLC as required in Article 2(D) of the Settlement Agreement; and
C. For payments due by BHLC to FBILLC after October 25, 1996, the
parties desire to amend Article 2(D) of the Settlement Agreement based upon the
terms and conditions as hereinafter set forth.
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NOW, THEREFORE, for and in consideration of the promises and the
mutual covenants set forth below, the receipt and adequacy of which are hereby
acknowledged, the parties agree as follows:
1. The effective time and date of this Agreement shall be 12:01
a.m. on October 25, 1996.
2. The parties agree that:
(A) As a result of the $100,000 payment made by BHLC to FBILLC on
or about October 25, 1996, the total amount due and owing by BHLC to
FBILLC per the provisions of the Settlement Agreement is $534,306.49;
(B) Due to the fact that no payments have been made by BHLC to
FBILLC since October 25, 1996, BHLC owes FBILLC an additional $500 for
costs and expenses incurred by FBILLC, and said $500 amount will be
paid by BHLC to FBILLC upon the signing of this Agreement;
(C) Until the above referred to $534,306.49 has been paid in full,
interest shall accrue on the unpaid balance for the period of January
1, 1997 through June 30, 1997 at the rate of fifteen percent (15%) per
annum, and for all periods after June 30, 1997 at the rate of eighteen
percent (18%) per annum; and
(D) The $534,306.49 is to be paid by BHLC to FBILLC, with interest
on the unpaid balance for the period beginning January 1, 1997, and
thereafter, at the above referred to applicable rate, in consecutive
monthly installments of the following amounts until the entire
indebtedness is fully paid:
(i) Fifty Thousand and no/100ths Dollars ($50,000.00)
shall be paid on or before January 25, 1997, February 25,
1997, March 25, 1997, April 25, 1997, May 25, 1997 and June
25, 1997, and
(ii) Seventy-five Thousand and no/100ths Dollars
($75,000.00) shall be paid in consecutive monthly installments
beginning on the 25th day of July, 1997, and monthly
thereafter, until the entire indebtedness is fully paid.
(E) All payments made by BHLC to FBILLC shall be applied first to
interest and then to principal.
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3. If BHLC fails to make any of the above referred to payments by
their required due date, FBILLC can, at its sole option, declare all amounts
then due and owing to BHLC to FBILLC to be immediately due and payable.
4. That nothing in this Agreement is intended to nullify the
obligation on the part of BHLC to pay all amounts due and owing to FBILLC if
and when the Three Affiliated Tribes exercises its right of buyout of the
Management Agreement as provided for in Article 4 of the Settlement Agreement.
5. Except as set forth in this Agreement, the parties shall not
be deemed to have amended the Settlement Agreement, the Exhibit "B" Guaranty or
the Exhibit "C" Security Agreement in any other respect.
6. Terms that are not otherwise defined herein are set forth in
the Settlement Agreement.
IN WITNESS WHEREOF, each of the parties hereto have caused this
Agreement to be executed, in duplicate, to be effective as of the day and year
first above written.
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XXXXXXXX "XXXXX" X. XXXX
XXXXX X. XXXX COMPANY
By:
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XXXXX X. XXXX, President
CONCORDE GAMING CORPORATION
By:
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XXXXX X. XXXX, President
FOUR BEARS INVESTMENT LIMITED
LIABILITY COMPANY
By:
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XXXXXX X. XXXXXX, Manager
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