CONSENT AND WAIVER August 6, 2009Consent and Waiver • November 10th, 2009 • Peninsula Gaming, LLC • Services-amusement & recreation services
TRADEMARK SECURITY AGREEMENTTrademark Security Agreement • November 10th, 2009 • Peninsula Gaming, LLC • Services-amusement & recreation services • New York
This TRADEMARK SECURITY AGREEMENT (this “Agreement”), entered into as of the 6th day of August 2009, by and between THE OLD EVANGELINE DOWNS, L.L.C., a Louisiana limited liability company (“Pledgor”), and WELLS FARGO FOOTHILL, INC., a California corporation, as agent for the Lenders (as defined in the hereinafter defined Loan Agreement) (“Agent”).
TRADEMARK SECURITY AGREEMENTTrademark Security Agreement • November 10th, 2009 • Peninsula Gaming, LLC • Services-amusement & recreation services • New York
This TRADEMARK SECURITY AGREEMENT (this “Agreement”), entered into as of the 29th day of October 2009, by and between among Grantors listed on the signature pages hereof (collectively, jointly and severally, “Grantors” and each individually “Grantor”), and WELLS FARGO FOOTHILL, INC., a California corporation, as agent for the Lenders (as defined in the hereinafter defined Loan Agreement) (“Agent”).
TRADEMARK SECURITY AGREEMENTTrademark Security Agreement • November 10th, 2009 • Peninsula Gaming, LLC • Services-amusement & recreation services • New York
This TRADEMARK SECURITY AGREEMENT, dated as of August 6, 2009 (as it may be amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), is made by THE OLD EVANGELINE DOWNS, L.L.C., a Louisiana limited liability company (the “Company”), in favor of U.S. BANK NATIONAL ASSOCIATION, as collateral agent for the Secured Parties (in such capacity, together with its successors and permitted assigns, the “Collateral Agent”).
AMENDED AND RESTATED INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • November 10th, 2009 • Peninsula Gaming, LLC • Services-amusement & recreation services • New York
THIS AMENDED AND RESTATED INTERCOMPANY SUBORDINATION AGREEMENT (this “Agreement”) dated as of October 29, 2009, is made and entered into by and among PENINSULA GAMING, LLC, a Delaware limited liability company (“Peninsula Gaming”), THE OLD EVANGELINE DOWNS, L.L.C., a Louisiana limited liability company (“OED”), DIAMOND JO WORTH, LLC, a Delaware limited liability company (“DJW”), DIAMOND JO, LLC, a Delaware limited liability company (“DJO”), BELLE OF ORLEANS, L.L.C., a Louisiana limited liability company (“Amelia Belle”; together with Peninsula Gaming, OED, DJW and DJO, hereinafter collectively referred to as the “Borrowers” and each individually, a “Borrower”), PENINSULA GAMING CORP. a Delaware corporation (“OED Capital”; together with the Borrowers hereinafter collectively referred to as the “Debtors” and each individually, a “Debtor”; and together, in their respective capacity as a creditor to a Debtor, each of Peninsula Gaming, OED, DJW, DJO, Amelia Belle and OED Capital, hereinafte
AMENDED AND RESTATED MANAGEMENT FEES SUBORDINATION AGREEMENTManagement Fees Subordination Agreement • November 10th, 2009 • Peninsula Gaming, LLC • Services-amusement & recreation services • New York
THIS AMENDED AND RESTATED MANAGEMENT FEES SUBORDINATION AGREEMENT (this “Agreement”) dated as of October 29, 2009, is made and entered into by and among THE OLD EVANGELINE DOWNS, L.L.C., a Louisiana limited liability company (“OED”), DIAMOND JO WORTH, LLC, a Delaware limited liability company (“DJW”; together with OED, hereinafter collectively referred to as the “Debtors” and each individually, a “Debtor”), DIAMOND JO, LLC, a Delaware limited liability company (“DJO”), PENINSULA GAMING PARTNERS, LLC, a Delaware limited liability company (“PGP”), OED ACQUISITION, LLC, a Delaware limited liability company (“OEDA”; together with DJO and PGP, hereinafter collectively referred to as the “Subordinated Parties” and each individually, a “Subordinated Party”), and WELLS FARGO FOOTHILL, INC., a California corporation, as agent for the Lenders (as defined in the Senior Loan Agreement defined below) (the “Agent”).
INTERCREDITOR AGREEMENTIntercreditor Agreement • November 10th, 2009 • Peninsula Gaming, LLC • Services-amusement & recreation services • New York
This INTERCREDITOR AGREEMENT, dated as of August 6, 2009 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), is made by and between U.S. BANK NATIONAL ASSOCIATION, as collateral agent for the Subordinated Lien Creditors (as defined below) (in such capacity, together with its successors and assigns from time to time, the “Subordinated Lien Creditor Representative”), and WELLS FARGO FOOTHILL, INC., a California corporation, as arranger and agent for the Senior Lien Lenders (as defined below) (in such capacity, together with its successors and assigns from time to time, the “Senior Lien Administrative Agent”), and is acknowledged by PENINSULA GAMING, LLC, a Delaware limited liability company (“PGL”), THE OLD EVANGELINE DOWNS, L.L.C., a Louisiana limited liability company (“OED”), DIAMOND JO, LLC, a Delaware limited liability company (“DJL”), DIAMOND JO WORTH, LLC, a Delaware limited liability company (“DJW” and, together with PGL, OED and DJL, t
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT by and among PENINSULA GAMING, LLC, DIAMOND JO, LLC, THE OLD EVANGELINE DOWNS, L.L.C., BELLE OF ORLEANS, L.L.C. AND DIAMOND JO WORTH, LLC, as Borrowers, THE LENDERS THAT ARE SIGNATORIES HERETO, as the...Loan and Security Agreement • November 10th, 2009 • Peninsula Gaming, LLC • Services-amusement & recreation services • New York
