AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • December 28th, 2009 • Mohegan Tribal Gaming Authority • Services-membership sports & recreation clubs
This Amendment to Employment Agreement (“Amendment”) is made this 9th day of April, 2009 by and between Toby A. Arnheim (“Employee”) and the Mohegan Tribal Gaming Authority (“MTGA”) with its principal place of business at One Mohegan Sun Boulevard, Uncasville, CT 06382.
EMPLOYMENT AGREEMENTEmployment Agreement • December 28th, 2009 • Mohegan Tribal Gaming Authority • Services-membership sports & recreation clubs • Connecticut
This EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into as of this 28th day of April, 2008, by and between Toby A. Arnheim, on behalf of myself and my heirs, personal representatives, executors, administrators and assigns (hereinafter, “Employee”) and the Mohegan Tribal Gaming Authority (hereinafter, “MTGA”), on its behalf and on behalf of its affiliates, successors, or assigns.
COLLATERAL AGENCY AND INTERCREDITOR AGREEMENTCollateral Agency and Intercreditor Agreement • December 28th, 2009 • Mohegan Tribal Gaming Authority • Services-membership sports & recreation clubs • New York
This COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT is dated as of October 26, 2009 and entered into by and among MOHEGAN TRIBAL GAMING AUTHORITY (the “Authority”), an instrumentality of The Mohegan Tribe of Indians of Connecticut (the “Tribe”), MOHEGAN BASKETBALL CLUB, LLC (“MBC”), a limited liability company formed under the laws of the Tribe, MOHEGAN GOLF, LLC (“Mohegan Golf”), a limited liability company formed under the laws of the Tribe, MOHEGAN COMMERCIAL VENTURES PA, LLC (“MCV-PA”), a Pennsylvania limited liability company, MOHEGAN VENTURES-NORTHWEST, LLC (“Mohegan Ventures-NW”), a limited liability company formed under the laws of the Tribe, MOHEGAN VENTURES WISCONSIN, LLC (“MVW”), a limited liability company formed under the laws of the Tribe, MTGA GAMING, LLC (“MTGA Gaming”), a Delaware limited liability company, WISCONSIN TRIBAL GAMING, LLC (“WTG”), a Delaware limited liability company, DOWNS RACING, L.P. (“DOWNS RACING”), a Pennsylvania limited partnership, BACKSIDE, L.P. (
AMENDMENT NO. 1 TO THIRD AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • December 28th, 2009 • Mohegan Tribal Gaming Authority • Services-membership sports & recreation clubs
THIS AMENDMENT NO. 1 TO THIRD AMENDED AND RESTATED LOAN AGREEMENT (this “Amendment”) dated as of October 26, 2009, is entered into by and among THE MOHEGAN TRIBE OF INDIANS OF CONNECTICUT, a federally recognized Indian Tribe and Native American sovereign nation (the “Tribe”), the MOHEGAN TRIBAL GAMING AUTHORITY, a governmental instrumentality of the Tribe (the “Borrower”), and BANK OF AMERICA, N.A., as Administrative Agent (the “Administrative Agent”), with the consent of the Required Lenders pursuant to Section 12.01 of the Third Amended and Restated Loan Agreement dated as of December 10, 2008 (as amended, the “Loan Agreement”) among the Tribe, the Borrower, the Administrative Agent, and the lenders signatory thereto from time to time (the “Lenders”). Capitalized terms set forth without definition in this Amendment shall have the meanings set forth in the Loan Agreement. Reference is made to the following facts:
ContractGlobal Note • December 28th, 2009 • Mohegan Tribal Gaming Authority • Services-membership sports & recreation clubs
THIS GLOBAL NOTE IS HELD BY THE DEPOSITARY (AS DEFINED IN THE INDENTURE GOVERNING THIS NOTE) OR ITS NOMINEE IN CUSTODY FOR THE BENEFIT OF THE BENEFICIAL OWNERS HEREOF, AND IS NOT TRANSFERABLE TO ANY PERSON UNDER ANY CIRCUMSTANCES EXCEPT THAT (I) THE TRUSTEE MAY MAKE SUCH NOTATIONS HEREON AS MAY BE REQUIRED PURSUANT TO THE INDENTURE, (II) THIS GLOBAL NOTE MAY BE EXCHANGED IN WHOLE BUT NOT IN PART PURSUANT TO SECTION 2.06(a) OF THE INDENTURE, (III) THIS GLOBAL NOTE MAY BE DELIVERED TO THE TRUSTEE FOR CANCELLATION PURSUANT TO SECTION 2.11 OF THE INDENTURE AND (IV) THIS GLOBAL NOTE MAY BE TRANSFERRED TO A SUCCESSOR DEPOSITARY WITH THE PRIOR WRITTEN CONSENT OF THE AUTHORITY.
