FIRST LIEN INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT dated as of August 6, 2010 among WELLS FARGO BANK, NATIONAL ASSOCIATION, as Collateral Agent, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent and Authorized Representative under...First Lien Intercreditor and Collateral Agency Agreement • April 1st, 2011 • Marina District Development Company, LLC • New York
Indenture) including, but not limited to, Landlord, and U.S. Bank National Association, as trustee (in such capacity and not in its individual capacity, “Trustee”) and (ii) a Purchase Agreement (as amended or modified from time to time, the “Purchase Agreement”) along with Landlord, the several parties named in Schedule A thereto (the “Initial Purchasers”) and Bane of America Securities LLC, as Representative of the Initial Purchasers pursuant to which Borrower issued Senior Secured Notes due 2015 (the “2015 Notes”) and Senior Secured Notes due 2018 (the “2018 Notes” and, together with the 2015 Notes and any Exchange Notes issued from time to time under the Indenture, collectively, the “Senior Secured Notes”). Borrower’s and Landlord’s obligations under the Indenture and with respect to the Senior Secured Notes are collectively referred to as the “Senior Notes Obligations” and together with the Credit Agreement Obligations are referred to as the “Obligations”.
