EXHIBIT 10.1B EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (the "Agreement") is made and entered into effective this 14th day of July 2004, by and between Jonathan Swain (hereinafter referred to as "Employee") and Peninsula Gaming, LLC, a Delaware...Employment Agreement • July 30th, 2004 • Old Evangeline Downs Capital Corp • Services-racing, including track operation • Iowa
Exhibit 4.3B SUPPLEMENTAL INDENTURE This Supplemental Indenture, dated as of March 25, 2004 (this "Supplemental Indenture"), is made by and among The Old Evangeline Downs, L.L.C., a Louisiana limited liability company (the "Company"), The Old...Supplemental Indenture • July 30th, 2004 • Old Evangeline Downs Capital Corp • Services-racing, including track operation • New York
OPERATING AGREEMENT OF PENINSULA GAMING, LLCOperating Agreement • July 30th, 2004 • Old Evangeline Downs Capital Corp • Services-racing, including track operation • Delaware
GUARANTYGuaranty • July 30th, 2004 • Old Evangeline Downs Capital Corp • Services-racing, including track operation • New York
RECITALSIntercreditor Agreement • July 30th, 2004 • Old Evangeline Downs Capital Corp • Services-racing, including track operation • New York
EXHIBIT 10.1A EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (the "Agreement") is made and entered into effective this 29th day of July 2004 by and between Natalie Schramm (hereinafter referred to as "Employee") and Peninsula Gaming, LLC, a Delaware...Employment Agreement • July 30th, 2004 • Old Evangeline Downs Capital Corp • Services-racing, including track operation • Iowa
Exhibit 4.4B SUPPLEMENTAL INDENTURE TO BE DELIVERED BY PENINSULA GAMING, LLC Supplemental Indenture (this "Supplemental Indenture"), dated as of June 16, 2004, among Peninsula Gaming, LLC, a Delaware limited liability company (the "Parent Issuer"),...Supplemental Indenture • July 30th, 2004 • Old Evangeline Downs Capital Corp • Services-racing, including track operation • New York
Exhibit 4.5A DIAMOND JO, LLC THE OLD EVANGELINE DOWNS CAPITAL CORP. $233,000,000 8 3/4% SENIOR SECURED NOTES DUE 2012 REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • July 30th, 2004 • Old Evangeline Downs Capital Corp • Services-racing, including track operation • New York
Exhibit 4.7 TRADEMARK SECURITY AGREEMENT THE OLD EVANGELINE DOWNS, L.L.C., a Louisiana limited liability company ("DEBTOR"), owns the Trademarks, Trademark registrations, and Trademark applications listed on Schedule 1 annexed hereto; and ----------...Trademark Security Agreement • July 30th, 2004 • Old Evangeline Downs Capital Corp • Services-racing, including track operation
EXHIBIT 10.20 GUARANTOR SECURITY AGREEMENT This GUARANTOR SECURITY AGREEMENT (this "Agreement") is as of June 16, 2004, by each of the parties listed on the signature page hereof, and those additional entities that hereafter become parties hereto by...Guarantor Security Agreement • July 30th, 2004 • Old Evangeline Downs Capital Corp • Services-racing, including track operation • New York
8 3/4% [SERIES A] [SERIES B](1) SENIOR SECURED NOTE DUE 2012Senior Secured Note • July 30th, 2004 • Old Evangeline Downs Capital Corp • Services-racing, including track operation
June 16, 2004 Wells Fargo Foothill, Inc., as Agent 2450 Colorado Avenue Suite 3000 West Santa Monica, California 90404 Ladies and Gentlemen: Reference is hereby made to that certain Loan and Security Agreement, dated as of June 16, 2004 (as amended,...Loan and Security Agreement • July 30th, 2004 • Old Evangeline Downs Capital Corp • Services-racing, including track operation
EXHIBIT 10.21 INTERCOMPANY SUBORDINATION AGREEMENT THIS INTERCOMPANY SUBORDINATION AGREEMENT (this "Agreement") dated as of June 16, 2004, is made and entered into by and among THE OLD EVANGELINE DOWNS, L.L.C., a Louisiana limited liability company...Intercompany Subordination Agreement • July 30th, 2004 • Old Evangeline Downs Capital Corp • Services-racing, including track operation • New York
Exhibit 4.9B ACKNOWLEDGMENT The undersigned hereby acknowledges that (a) it has received a copy of the foregoing Intercreditor Agreement, dated as of April 16, 2004 (the "INTERCREDITOR AGREEMENT"; undefined capitalized terms used in this...Intercreditor Agreement • July 30th, 2004 • Old Evangeline Downs Capital Corp • Services-racing, including track operation
The undersigned hereby acknowledges that (a) it has received a copy of the foregoing Intercreditor Agreement, dated as of April 16, 2004 (the "INTERCREDITOR AGREEMENT"; undefined capitalized terms used in this Acknowledgment have the meanings assigned to them in the Intercreditor Agreement), by and among U.S. Bank National Association, as Trustee and Secured Party, and Wells Fargo Foothill, Inc., as Credit Facility Lender (as defined below), and consents thereto, and agrees to recognize all rights granted thereby to the Parties, and will not do any act or perform any obligation that is not in accordance with the agreements set forth in such Intercreditor Agreement; and (b) it is not an intended beneficiary or third party beneficiary under the Intercreditor Agreement.
Exhibit 4.6B SUPPLEMENT TO SECURITY AGREEMENT This SUPPLEMENT TO SECURITY AGREEMENT, dated June 16, 2004 is delivered by the undersigned in favor of U.S. Bank National Association, as Trustee (together with any successor Trustee pursuant to the terms...Supplement to Security Agreement • July 30th, 2004 • Old Evangeline Downs Capital Corp • Services-racing, including track operation
This SUPPLEMENT TO SECURITY AGREEMENT, dated June 16, 2004 is delivered by the undersigned in favor of U.S. Bank National Association, as Trustee (together with any successor Trustee pursuant to the terms of the Indenture, the "SECURED PARTY"), acting in the capacity of collateral agent for the benefit of itself and the Holders, pursuant to the Pledge and Security Agreement, dated as of April 16, 2004 (as it may be from time to time amended, restated, modified or supplemented, the "SECURITY AGREEMENT"), among Diamond Jo, LLC, a Delaware limited liability company ("DJL"), The Old Evangeline Downs Capital Corp., a Delaware corporation ("CAPITAL" and, together with DJL, the "ISSUERS"), OED Acquisition, LLC, a Delaware limited liability company ("OEDA"), Peninsula Gaming Corporation, a Delaware corporation ("PG CORP."), The Old Evangeline Downs, L.L.C., a Louisiana limited liability company ("OED"), and each additional Guarantor (as defined in the Indenture referred to therein) and Issuer
EXHIBIT 10.22 MANAGEMENT FEES SUBORDINATION AGREEMENT THIS MANAGEMENT FEES SUBORDINATION AGREEMENT (this "Agreement") dated as, June 16, 2004, is made and entered into by and among THE OLD EVANGELINE DOWNS, L.L.C., a Louisiana limited liability...Management Fees Subordination Agreement • July 30th, 2004 • Old Evangeline Downs Capital Corp • Services-racing, including track operation • New York
Exhibit 4.5B DIAMOND JO, LLC THE OLD EVANGELINE DOWNS CAPITAL CORP. $233,000,000 8 3/4% SENIOR SECURED NOTES DUE 2012 JOINDER TO THE REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • July 30th, 2004 • Old Evangeline Downs Capital Corp • Services-racing, including track operation • New York
Exhibit 1.2 DIAMOND JO, LLC THE OLD EVANGELINE DOWNS CAPITAL CORP. $233,000,000 8 3/4% SENIOR SECURED NOTES DUE 2012 JOINDER TO THE PURCHASE AGREEMENTPurchase Agreement • July 30th, 2004 • Old Evangeline Downs Capital Corp • Services-racing, including track operation • New York
