INTERCREDITOR AND SUBORDINATION AGREEMENT (FF&E) dated as of September 30, 2008 between LAKES KAR-SHINGLE SPRINGS, LLC, as lender under the Lakes Notes and as Manager of the Project and BANK OF UTAH, as FF&E AgentIntercreditor and Subordination Agreement • October 6th, 2008 • Lakes Entertainment Inc • Services-miscellaneous amusement & recreation • New York
This Intercreditor and Subordination Agreement (this “Agreement”) is dated as of September 30, 2008 and is by and between Lakes KAR-Shingle Springs, LLC, a Delaware limited liability company (together with its successors, assigns and transferees, “Lakes”), as lender under the Lakes Notes (as defined below) and as Manager under the Development and Management Agreement (each as defined below) and Bank of Utah, a Utah state bank, as collateral agent (in such capacity and together with its successors in such capacity, the “FF&E Agent”) for the FF&E Financing Parties (as defined below).
FIRST AMENDMENT TO INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • October 6th, 2008 • Lakes Entertainment Inc • Services-miscellaneous amusement & recreation
This FIRST AMENDMENT TO INTERCREDITOR AND SUBORDINATION AGREEMENT dated as of September 29, 2008 (“First Amendment”), is entered into among The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”), Lakes KAR-Shingle Springs, LLC (the “Manager”) and The Bank of New York Mellon Trust Company, N.A., as collateral agent (the “Collateral Agent”). Capitalized terms used but not defined herein shall have the meaning assigned to such terms in the Intercreditor and Subordination Agreement (as defined below).
