EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • January 3rd, 2011 • Herbst Gaming, LLC • Hotels & motels • Nevada
THIS EXECUTIVE EMPLOYMENT AGREEMENT (this “Agreement”) is entered into on March 7, 2008 (the “Effective Date”), between Herbst Gaming, Inc., a Nevada corporation (together with their successors or assigns as permitted under this Agreement, collectively, the “Company”), and Ferenc B. Szony, an individual (the “Executive”).
LEASE AGREEMENTLease Agreement • January 3rd, 2011 • Herbst Gaming, LLC • Hotels & motels
THIS LEASE, made this 1st day of July, 1996, by and between The Herbst Family Limited Partnership, hereinafter referred to as “Lessor”, and E-T-T, INC., hereinafter referred to as “Lessee”.
GOLD RANCH CASINO LEASE BETWEEN LAST CHANCE, INC. A Nevada Corporation AND PROSPECTOR GAMING ENTERPRISES, INC. A Nevada Corporation AND TARGET INVESTMENTS, L.L.C. a Nevada limited liability companyGold Ranch Casino Lease • January 3rd, 2011 • Herbst Gaming, LLC • Hotels & motels • Nevada
This Gold Ranch Casino Lease (“Lease”) is made this 27th day of December, 2001, by and between Last Chance, Inc., a Nevada Corporation (Last Chance) and Prospector Gaming Enterprises, Inc., a Nevada Corporation, doing business as Gold Ranch Casino & RV Resort (sometimes referred to as PGE) with respect to the lease of the Gold Ranch Casino Property and improvements and the FF&E; and by and between Last Chance and Target Investments, L.L.C., a Nevada limited liability company (Target) with respect to the lease of the Leach Field Property, the Frontage Parcel and the Sign Easement. PGE and Target are jointly referred to as Landlord.
OPTION TO PURCHASE THE GOLD RANCH CASINO PROPERTY AND IMPROVEMENTS, THE LEACH FIELD PROPERTY, THE FRONTAGE PARCEL, THE CALIFORNIA LOTTERY STATION AND THE CALIFORNIA LOTTERY PROPERTY, AND THE RIGHT OF FIRST REFUSAL BETWEEN PROSPECTOR GAMING ENTERPRISE,...Option to Purchase Agreement • January 3rd, 2011 • Herbst Gaming, LLC • Hotels & motels • Nevada
This Option to Purchase the Gold Ranch Casino Property and Improvements, the Leach Field Property, the Frontage Parcel, the California Lottery Station and the California Lottery Property, and Right of First Refusal (“Agreement”) is made this 27th day of December, 2001, by and between Prospector Gaming Enterprises, Inc., a Nevada corporation (PGE), Target Investments, L.L.C., a Nevada limited liability company (Target) and Last Chance, Inc., a Nevada corporation (Last Chance).
LEASE AGREEMENTLease Agreement • January 3rd, 2011 • Herbst Gaming, LLC • Hotels & motels
THIS LEASE, made this 1st day of July, 2002, by and between Terrible Herbst, Inc. (hereinafter “Lessor”), and E-T-T, Inc. (Hereinafter “Lessee”).
TRADEMARK LICENSE AGREEMENTTrademark License Agreement • January 3rd, 2011 • Herbst Gaming, LLC • Hotels & motels • Nevada
This TRADEMARK LICENSE AGREEMENT (this “License”) is made as of the 24th day of August, 2001, by and between HERBST GAMING, INC., a Nevada corporation (“Licensee”), and TERRIBLE HERBST, INC., a Nevada corporation (“Licensor”).
THIRD AMENDMENT TO THE AMENDED AND RESTATED GROUND LEASE AGREEMENTGround Lease Agreement • January 3rd, 2011 • Herbst Gaming, LLC • Hotels & motels
This Third Amendment to the Amended and Restated Ground Lease Agreement (the “Third Amendment”) is made effective as of the 14th day of September, 2004, (the “Effective Date”) by and between Primm South Real Estate Company, a Nevada corporation (“Landlord”) and The Primadonna Company, a Nevada limited-liability company, successor in interest by merger to The Primadonna Corporation, a Nevada corporation (“Tenant”).
AMENDED AND RESTATED GROUND LEASE AGREEMENTGround Lease Agreement • January 3rd, 2011 • Herbst Gaming, LLC • Hotels & motels • Nevada
This Amended and Restated Ground Lease Agreement (“Lease”) is made effective as of the 1st day of July, 1993, (the “Effective Date”) by and between PRIMM SOUTH REAL ESTATE COMPANY, a Nevada corporation (“Landlord”), and THE PRIMADONNA CORPORATION, a Nevada corporation (“Tenant”), with reference to the following facts, and is as follows:
INDEMNIFICATION AGREEMENTIndemnification Agreement • January 3rd, 2011 • Herbst Gaming, LLC • Hotels & motels • Nevada
This Indemnification Agreement (“Agreement”) is made as of this 31st day of December , 2010 by and between Herbst Gaming, LLC, a Nevada limited liability company (the “Company”), and (“Indemnitee”).
CREDIT AGREEMENT dated as of December 31, 2010 between HERBST GAMING, LLC The SUBSIDIARY GUARANTORS Party Hereto The LENDERS Party Hereto and WILMINGTON TRUST COMPANY, as Administrative AgentCredit Agreement • January 3rd, 2011 • Herbst Gaming, LLC • Hotels & motels • New York
CREDIT AGREEMENT dated as of December 31, 2010, between HERBST GAMING, LLC, as Borrower, the SUBSIDIARY GUARANTORS party hereto, the LENDERS party hereto, and WILMINGTON TRUST COMPANY, as Administrative Agent.
FIRST AMENDMENT TO THE AMENDED AND RESTATED GROUND LEASE AGREEMENT AND CONSENT AND WAIVERGround Lease Agreement • January 3rd, 2011 • Herbst Gaming, LLC • Hotels & motels
This First Amendment to the Amended and Restated Ground Lease Agreement and Consent and Waiver (the “Amendment”) is made effective as of the 25th day of August, 1997, (the “Effective Date”) by and between Primm South Real Estate Company, a Nevada corporation (“Landlord”) and The Primadonna Corporation, a Nevada corporation (“Tenant”).
AMENDMENT TO LEASE AGREEMENT (Polaris)Lease Agreement • January 3rd, 2011 • Herbst Gaming, LLC • Hotels & motels • Nevada
THIS AMENDMENT TO LEASE AGREEMENT (the “Amendment”) is dated as of December 31, 2010, by and among HERBST GRANDCHILDREN’S TRUST, a trust governed under the laws of Nevada (“Lessor”), whose address is 5195 Las Vegas Blvd. South, Las Vegas, Nevada 89119, and HERBST GAMING, INC., a Nevada corporation (“Lessee”), whose address is 3440 W. Russell Road, Las Vegas, Nevada 89118.
SECOND AMENDMENT TO THE AMENDED AND RESTATED GROUND LEASE AGREEMENTGround Lease Agreement • January 3rd, 2011 • Herbst Gaming, LLC • Hotels & motels
This Second Amendment to the Amended and Restated Ground Lease Agreement (the “Second Amendment”) is made and entered into effective as of the 1st day of July, 2002, by and between Primm South Real Estate Company, a Nevada corporation (“Landlord”) and The Primadonna Company, LLC, a Nevada limited-liability company, successor in interest by merger to The Primadonna Corporation, a Nevada corporation (“Tenant”).
April 30, 2001 Hand deliverLease Extension • January 3rd, 2011 • Herbst Gaming, LLC • Hotels & motels
Please allow this letter to serve as notice on behalf of ETT, Inc. of the exercise our option to extend the current lease pursuant to Paragraph 24, thereof. Should you have any questions do not hesitate to contact me.
ASSIGNMENT AND ASSUMPTION OF LEASEAssignment and Assumption of Lease • January 3rd, 2011 • Herbst Gaming, LLC • Hotels & motels • Nevada
This ASSIGNMENT AND ASSUMPTION OF LEASE (this “Assignment”) is made as of this 1st day of July, 2010, by E-T-T ENTERPRISES L.L.C., a Nevada limited liability company (“Assignor”), and E-T-T, INC., a Nevada corporation (“Assignee”).
OPERATING AGREEMENT OF HERBST GAMING, LLC Dated as of December 31, 2010Operating Agreement • January 3rd, 2011 • Herbst Gaming, LLC • Hotels & motels • Nevada
This OPERATING AGREEMENT of HERBST GAMING, LLC, dated as of December 31, 2010, by and among the Members listed on Schedule A attached hereto (and each Member, by receipt of its membership interests of the Company pursuant to the terms of the Plan (as defined hereinafter), shall be deemed to be a party hereto). Capitalized terms used herein and not otherwise defined herein shall have the meanings set forth in Section 2.1.
AMENDMENT TO LEASE AGREEMENT (Russell Road)Lease Agreement • January 3rd, 2011 • Herbst Gaming, LLC • Hotels & motels • Nevada
THIS AMENDMENT TO LEASE AGREEMENT (the “Amendment”) is dated as of December 31, 2010, by and among THE HERBST FAMILY LIMITED PARTNERSHIP II, a Nevada limited partnership (“Lessor”), whose address is 5195 Las Vegas Blvd. South, Las Vegas, Nevada 89119, and E-T-T, INC., a Nevada corporation (“Lessee”), whose address is 5195 Las Vegas Blvd. South, Las Vegas, Nevada 89119.
