Exhibit 10.37 EIGHTH AMENDED AND RESTATED JOINT FILING AGREEMENT PURSUANT TO RULE 13d-1(k)(1) This Eighth Amended and Restated Agreement is made pursuant to Rule 13d-1(k)(1) under the Securities Exchange Act of 1934, as amended (the "Act") by and...Joint Filing Agreement • September 25th, 2007 • Flag Luxury Riv LLC • Hotels & motels
This Eighth Amended and Restated Agreement is made pursuant to Rule 13d-1(k)(1) under the Securities Exchange Act of 1934, as amended (the "Act") by and among the parties listed below, each referred to herein as a "Joint Filer." The Joint Filers agree that a statement of beneficial ownership as required by Section 13(d) of the Act and the Rules thereunder may be filed on each of their behalf on Schedule 13D or Schedule 13G, as appropriate, and that said joint filing may thereafter be amended by further joint filings. The Joint Filers state that they each satisfy the requirements for making a joint filing under Rule 13d-1.
September 24, 2007 Syd Ghermezian Triple Five Investco LLC 9440 West Sahara, Suite 240 Las Vegas, Nevada 89117 Dear Mr. Ghermezian: Reference is made to the agreement dated March 21, 2007 among Riv Acquisition Holdings Inc. ("RAH"), Triple Five...Option Agreement • September 25th, 2007 • Flag Luxury Riv LLC • Hotels & motels
Reference is made to the agreement dated March 21, 2007 among Riv Acquisition Holdings Inc. ("RAH"), Triple Five Investco LLC and Dominion Financial LLC (the "Agreement"). RAH hereby advises you that it elects to exercise the Option (as defined in the Agreement), and expects the Closing (as defined in the Agreement) to take place within three days of the date hereof pursuant to section 3 of the Agrement. In consideration of such exercise, RAH is prepared to wire at Closing the amount of $26,393,650 to the account designated by you.
