REGISTRATION RIGHTS AGREEMENT Dated as of August 3, 2004 among MOHEGAN TRIBAL GAMING AUTHORITY MOHEGAN BASKETBALL CLUB LLC and CITIGROUP GLOBAL MARKETS INC. BANC OF AMERICA SECURITIES LLC SG AMERICAS SECURITIES, LLC GREENWICH CAPITAL MARKETS, INC....Registration Rights Agreement • August 16th, 2004 • Mohegan Tribal Gaming Authority • Services-membership sports & recreation clubs • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as August 3, 2004, by and among the Mohegan Tribal Gaming Authority (the “Authority”), an instrumentality of The Mohegan Tribe of Indians of Connecticut (the “Tribe”), Mohegan Basketball Club LLC, as guarantor, (the “Guarantor” and together with the Authority, the “Issuers”) and Citigroup Global Markets Inc., Banc of America Securities LLC, SG Americas Securities, LLC, Greenwich Capital Markets, Inc., McDonald Investments Inc., Caylon Securities (USA) Inc., Commerzbank Capital Markets Corp. and Wells Fargo Securities, LLC (each an “Initial Purchaser” and, collectively the “Initial Purchasers”), each of whom has agreed to purchase the Authority’s 7 1/8% Senior Subordinated Notes due 2014 (the “Notes”) pursuant to the Purchase Agreement (as defined below). The Notes will be issued pursuant to an indenture dated August 3, 2004, by and among the Issuers, the Tribe and U.S. Bank National Association, as trustee,
FACS RATE OPTION AUTOMATED LINE OF CREDIT SWEEP AMENDMENTMohegan Tribal Gaming Authority • August 16th, 2004 • Services-membership sports & recreation clubs
This Amendment is made this 22nd day of June, 2004, and is incorporated into and shall be deemed to amend and supplement that certain Loan Agreement evidenced by a Revolving Loan Note, dated June 27, 2003, (the “Note”), and First Amendment dated June 11, 2004 from Mohegan Tribal Gaming Authority, an instrumentality of the Mohegan Tribe of Indians of Connecticut with its principal place of business at 1 Mohegan Sun Boulevard, Uncasville, CT 06382 (the “Borrower”) in favor of FLEET NATIONAL BANK, a national banking association organized and existing under the laws of the United States of America, with its main office located at 157 Church St., 26th Floor, New Haven, CT 06510 (the “Bank”), evidencing a certain line of credit arrangement in the maximum principal amount of twenty-five million dollars ($25,000,000)(the “Line of Credit”).
SECOND SUPPLEMENTAL INDENTURE OF SENIOR SUBORDINATED NOTESSecond Supplemental Indenture • August 16th, 2004 • Mohegan Tribal Gaming Authority • Services-membership sports & recreation clubs • New York
SECOND SUPPLEMENTAL INDENTURE, dated as of July 28, 2004 (the “Supplemental Indenture”) among Mohegan Tribal Gaming Authority (the “Authority”), Mohegan Basketball Club LLC (the “Guarantor”) and U.S. Bank National Association (as successor to State Street Bank and Trust Company), as trustee (“Trustee”).
SECOND SUPPLEMENTAL INDENTURE OF SENIOR NOTESSupplemental Indenture • August 16th, 2004 • Mohegan Tribal Gaming Authority • Services-membership sports & recreation clubs • New York
SECOND SUPPLEMENTAL INDENTURE, dated as of July 28, 2004 (the “Supplemental Indenture”) among Mohegan Tribal Gaming Authority (the “Authority”), Mohegan Basketball Club LLC (the “Guarantor”) and Wachovia Bank, National Association (as successor to First Union National Bank), as trustee (“Trustee”).
June 11, 2004 Jeffrey E. Hartmann, EVP/CFO Mohegan Tribal Gaming AuthorityMohegan Tribal Gaming Authority • August 16th, 2004 • Services-membership sports & recreation clubs
