0001104659-08-028372 Sample Contracts

OMNIBUS AMENDMENT NO. 3 AND APPOINTMENT AND ACCEPTANCE
Appointment and Acceptance • April 30th, 2008 • Herbst Gaming Inc • Services-miscellaneous amusement & recreation • New York

OMNIBUS AMENDMENT NO. 3 AND APPOINTMENT AND ACCEPTANCE, dated as of April 24, 2008 (this “Agreement”), among BANK OF AMERICA, N.A. (“Bank of America” and, in its capacity as Administrative Agent under the Credit Agreement referred to below, the “Resigning Agent”), WILMINGTON TRUST COMPANY (the “New Agent”), HERBST GAMING, INC. (the “Borrower”), each Lender under the below-referenced Credit Agreement executing a counterpart hereof and each Subsidiary of the Borrower executing a counterpart hereof (collectively, the “Grantors”).

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