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Title: |
Second Supplemental Indenture |
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Date: |
2001 |
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$44 |
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ID: |
#1536844 |
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SECOND SUPPLEMENTAL INDENTURE
Second Supplemental Indenture (this "Supplemental Indenture"),
dated as of March 2, 2001, among Belle of Sioux City, L.P., an Iowa limited
partnership, Indiana Gaming II, L.P., an Indiana limited partnership and Indiana
Gaming Holding Company, an Indiana corporation (the "Guaranteeing
Subsidiaries"), Argosy Gaming Company, a Delaware corporation (the "Company"),
Argosy of Iowa, an Iowa corporation, Centroplex Centre Convention Hotel, L.L.C.,
a Louisiana limited liability company, Alton Gaming Company, an Illinois
corporation, Argosy of Louisiana, Inc., a Louisiana corporation, Catfish Queen
Partnership in Commendam, a Louisiana partnership, The Indiana Gaming Company,
an Indiana corporation, Iowa Gaming Company, an Iowa corporation, Jazz
Enterprises, Inc., a Louisiana corporation and The Missouri Gaming Company, a
Missouri corporation (collectively, the "Subsidiary Guarantors") and Bank One
Trust Company, NA, as trustee under the Indenture referred to below (the
"Trustee").
W I T N E S S E T H
WHEREAS, the Company and the Subsidiary Guarantors have
heretofore executed and delivered to the Trustee an Indenture dated as of
June 8, 1999 as supplemented by a First Supplemental Indenture, dated as of
February 8, 2001 (the "Indenture") providing for the issuance of an initial
principal amount of $350,000,000 of 10 3/4% Senior Subordinated Notes due 2009
(the "Notes");
WHEREAS, the Indenture provides that under certain
circumstances the Guaranteeing Subsidiaries shall execute and deliver to the
Trustee a supplemental indenture pursuant to which the Guaranteeing Subsidiaries
shall unconditionally guarantee all of the Company's Obligations under the Notes
and the Indenture on the terms and conditions set forth herein (the "Subsidiary
Guarantee"); and
WHEREAS, pursuant to Section 9.01 of the Indenture, the
Trustee is authorized to execute and deliver this Supplemental Indenture.
NOW THEREFORE, in consideration of the foregoing and for other
good and valuable consideration, the receipt of which is hereby acknowledged,
the parties hereto do hereby mutually covenant and agree as follows:
1. Capitalized Terms. Capitalized terms used herein without
definition shall have the meanings assigned to them in the Indenture.
2. Agreement to Guarantee. Each of the Guaranteeing
Subsidiaries hereby agrees as follows:
(a) Along with all Subsidiary Guarantors named in the
Indenture, to jointly and severally Guarantee to each Holder of a Note
authenticated and delivered by the Trustee and to the Trustee and its
successors and assigns, the Notes or the obligations of the Company
hereunder or thereunder, that:
<PAGE>
(i) the principal of and interest on the Notes will
be promptly paid in full when due, whether at maturity, by
acceleration, redemption or otherwise, and interest on the
overdue principal of and interest on the Notes, if any, if
lawful, and all other obligations of the Company to the
Holders or the Trustee hereunder or thereunder will be
promptly paid in full or performed, all in accordance with the
terms hereof and thereof; and
(ii) in case of any extension of time of payment or
renewal of any Notes or any of such other obligations, that
same will be promptly paid in full when due or performed in
accordance with the terms of the extension or renewal,
whether at stated maturity, by acceleration or otherwise.
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