AMENDED & RESTATED LOAN POOLING AND LAST-OUT PARTICIPATION AGREEMENT September 24, 2003Loan Pooling and Last-Out Participation Agreement • March 30th, 2004 • PDS Gaming Corp • Finance lessors • New York
Contract Type FiledMarch 30th, 2004 Company Industry JurisdictionThis letter agreement (this “Agreement”) confirms the agreement between Participant, Canpartners Investments IV, LLC (“Canpartners”), Libra Securities, LLC (“Libra”). Ravich Revocable Trust of 1989 (“Ravich”), Highbridge/Zwirn Special Opportunities Fund, L.P. (“Highbridge”, and together with Canpartners, Libra, and Ravich, the “Mezzanine Lenders”), the collateral agents set forth on schedules B-1 through B-11 attached hereto (such schedules hereinafter referred to as the “Note Schedules” and such collateral agents hereinafter referred to as the “Collateral Agents”) and Wishnow, Ross, Warsavsky & Company, as administrative agent for the Mezzanine Lenders (“Agent”) in connection with those loans specified on Exhibit A as amended from time to time (the “Loan Agreements”). Each time Exhibit A is amended, each Mezzanine Lender, Agent, Participant and the appropriate Collateral Agent shall sign a new Schedule prepared in the form of Exhibit B. The indebtedness lent by the parties to this Agr