Herbst Gaming Amended and Restated Lock-Up AgreementLock-Up Agreement • July 7th, 2009 • Herbst Gaming Inc • Services-miscellaneous amusement & recreation • New York
This letter agreement (this “Agreement”) restates and amends the terms and provisions of a letter agreement dated as of March 9, 2009 (as amended, supplemented or otherwise modified and in effect as of the date hereof, the “Original Lock-Up Agreement”). This Agreement sets forth the terms on which Consenting Lenders (as defined below) agree, among other things, to support a restructuring (the “Restructuring”) by Herbst Gaming, Inc. (the “Company”) and the Guarantor Debtors (as defined below) and by which the Company and Guarantor Debtors reaffirm their obligations under the Original Lock-Up Agreement as amended and modified herein. Capitalized terms used herein without definition shall have the meanings ascribed to such terms in the Debtors’ Joint Plan of Reorganization (the “Plan”) to be filed by the Company with the United States Bankruptcy Court for the District of Nevada (the “Bankruptcy Court”) in the pending chapter 11 cases (the “Bankruptcy Cases”) for the Company and the Guaran
