0001104659-05-011184 Sample Contracts

FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • March 15th, 2005 • Argosy Gaming Co • Services-amusement & recreation services • Delaware

FIRST AMENDMENT dated as of December 23, 2004, to the Agreement and Plan of Merger (the “Agreement”) dated as of November 3, 2004, among Argosy Gaming Company, a Delaware corporation (the “Company”), Penn National Gaming, Inc., a Pennsylvania corporation (“Parent”) and Thoroughbred Acquisition Corp., a Delaware corporation and a wholly owned subsidiary of Parent (collectively with the Company and Parent, the “Parties”).

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AMENDMENT NUMBER ONE TO EMPLOYMENT AGREEMENT
Employment Agreement • March 15th, 2005 • Argosy Gaming Co • Services-amusement & recreation services

This Amendment Number One to Employment Agreement (the “Agreement”) is made and entered into this 24th day of September 2004 (this “Amendment”) by and between Argosy Gaming Company, a Delaware corporation (the “Company”) and James A. Gulbrandsen, an individual residing in the State of Missouri (the “Employee”):

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