AMENDMENT NUMBER FIVE TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 17th, 2006 • Majestic Star Casino LLC • Services-amusement & recreation services • California
THIS AMENDMENT NUMBER FIVE TO LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of April 13, 2006, is entered into by and among THE MAJESTIC STAR CASINO, LLC, an Indiana limited liability company (“Parent”), and each of Parent’s Subsidiaries identified on the signature pages hereof (such Subsidiaries, together with Parent, are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers”), each of the lenders that is a signatory to this Amendment, and WELLS FARGO FOOTHILL, INC., a California corporation, as the arranger and administrative agent for the Lenders (in such capacity, together with its successors, if any, in such capacity, “Agent”; and together with each of the Lenders, individually and collectively, the “Lender Group”), in light of the following:
