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Filing tables
Filing exhibits
- S-4/A Registration of securities issued in business combination transactions
- 2.4 Purchase Agreement
- 3.5 Articles of Incorporation of Caruthersville Riverboat Entertainment, Inc.
- 3.5 Amendment to Articles of Incorporation
- 3.5 Amendment to Articles of Incorporation
- 3.6 Bylaws of Caruthersville Riverboat Entertainment, Inc.
- 3.7 Certificate of Amended and Restated Articles of Organization
- 3.7 Limited Liability Company Agreement
- 3.8 Certificate of Formation of CP Laughlin Realty, LLC
- 3.8 Certificate of Amendment to the Certificate of Formation
- 3.9 Limited Liability Company Agreement
- 3.9 First Amendment to Limited Liability Company Agreement
- 3.10 Certificate of Formation of Columbia Properties Vicksburg, LLC
- 3.11 Limited Liability Company Agreement
- 3.11 First Amendment to Limited Liability Company Agreement
- 3.12 Certiciate of Formation of JMBS Casino LLC
- 3.13 Limited Liability Company Agreement
- 3.13 First Amendment to Limited Liabilty Company Agreement
- 3.14 Articles of Organization of Columbia Properties Tahoe, LLC
- 3.14 Amended and Restated Articles of Organization
- 3.15 Limited Liability Company Agreement
- 3.15 First Amendment to Limited Liability Company Agreement
- 3.16 Articles of Organization of CP Baton Rouge Casino, L.L.C.
- 3.16 Limited Liability Company Agreement
- 3.17 Articles of Incorporation of Argosy of Louisiana, Inc.
- 3.18 Bylaws of Argosy of Louisiana, Inc.
- 3.19 Articles of Incorporation of Jazz Enterprises, Inc.
- 3.20 Bylaws of Jazz Enterprises, Inc.
- 3.21 Articles of Organization of Centroplex Centre Convention Hotel, L.L.C.
- 3.21 Amended and Restated Articles of Organization
- 3.22 Amended and Restated Operating Agreement of Centroplex Centre Convention Hotel, L.L.C.
- 3.22 First Amendment to Amended and Restated Operating Agreement
- 3.23 Amended and Restated Articles of Partnership
- 3.24 Certificate of Formation of Tahoe Horizon, LLC
- 3.24 Certificate of Amendment to the Certificate of Formation
- 3.25 Limited Liability Company Agreement of Tahoe Horizon, LLC.
- 3.25 First Amendment of Limited Liabilty Company Agreement
- 3.26 Restated Certificate of Incorporation
- 3.27 Restated Certificate of Incorporation
- 3.28 Second Amended and Restated Bylaws of Aztar Corporation
- 3.29 Articles of Incorporation of Aztar Indiana Gaming Corporation
- 3.29 Articles of Amendment to the Articles of Incorporation
- 3.30 Bylaws of Aztar Indiana Gaming Corporation
- 3.31 Articles of Incorporation of Aztar Riverboat Holding Company, LLC
- 3.32 Operating Agreement
- 3.32 First Amendment to Limited Liability Company Agreement
- 3.33 Articles of Incorporation of Aztar Missouri Gaming Corporation
- 3.34 Bylaws of Aztar Missouri Gaming Corporation
- 3.35 Articles of Organization of Aztar Indiana Gaming Corporation
- 3.36 Limited Liability Company Agreement
- 3.36 Amendment No. 1 to Limited Liability Company Agreement
- 3.36 Amendment No. 2 to Limited Liability Company Agreement
- 3.37 Certificate of Incorporation of Aztar Development Corporation
- 3.38 Bylaws of Aztar Development Corporation
- 3.39 Certificate of Incorporation of Ramada New Jersey Holdings Corporation
- 3.39 Certificate of Amendment to the Certificate of Incorporation
- 3.39 Certificate of Amendment to the Certificate of Incorporation
- 3.39 Certificate of Amendment to the Certificate of Incorporation
- 3.39 Certificate of Amendment to the Certificate of Incorporation
- 3.40 Bylaws of Ramada New Jersey Holdings Corporation
- 3.41 Certificate of Incorporation of Atlantic-deauville Inc.
- 3.42 Bylaws of Atlantic-deauville Inc.
- 3.43 Certificate of Incorporation of Adamar Garage Corporation
- 3.44 Bylaws of Adamar Garage Corporation
- 3.45 Certificate of Incorporation of Ramada New Jersey, Inc.
- 3.45 Certificate of Amendment to the Certificate of Incorporation
- 3.46 Bylaws of Ramada New Jersey, Inc.
- 3.47 Certificate of Incorporation of Adamar of New Jersey, Inc.
- 3.47 Certificate of Amendment to the Certificate of Incorporation
- 3.47 Certificate of Amendment to the Certificate of Incorporation
- 3.47 Certificate of Amendment to the Certificate of Incorporation
- 3.48 Amended and Restated Bylaws
- 3.49 Certificate of Incorporation of BNB Mobe-homes, Inc.
- 3.49 Certificate of Amendment to the Certificate of Incorporation of BNB Mobe-homes, Inc.
- 3.49 Certificate of Amendment to the Certificate of Incorporation of Manchester Mall, Inc.
- 3.49 Certificate of Amendment to the Certificate of Incorporation of Manchester Mall, Inc.
- 3.50 Bylaws of Manchester Mall, Inc.
- 3.51 Articles of Incorporation of Ramada Station, Inc.
- 3.51 Certificate of Amendment to the Articles of Incorporation
- 3.51 Certificate of Amendment to the Articles of Incorporation
- 3.51 Certificate of Amendment to the Articles of Incorporation
- 3.52 Bylaws of Ramada Station, Inc.
- 4.2 Second Supplmenetal Indenture
- 5.1 Opinion of Milbank, Tweed, Hadley & Mccloy LLP
- 10.1 Amendment No. 1, Consent, Waiver and Agreement
- 10.2 Amendment No. 1 to the Credit Agreement
- 10.7 Contract of Lease
- 10.7 First Amendment to Contract of Lease
- 10.7 Second Amendment to Contract of Lease
- 10.7 Sale and Assigment of Lease
- 10.8 Contract of Lease
- 10.8 Amendment of Lease
- 10.9 Contract of Lease
- 10.9 Amendment of Lease
- 10.9 Sale and Assigment of Leases
- 10.10 Amended and Restated Lease Agreement
- 10.10 Assignment and Assumption of Lease
- 10.10 First Amendment to Amended and Restated Lease Agreement
- 10.10 Second Amendment to Amended and Restated Lease Agreement
- 10.10 Sublease Agreement
- 10.10 First Amendment to Sublease Agreement
- 10.11 Amended and Restated Master Agreement of Purchase and Sale
- 10.12 Dockage Agreement
- 10.12 First Amendment to Dockage Agreement
- 10.12 Second Amendment to Dockage Agreement
- 10.12 Third Amendment to Dockage Agreement
- 10.12 Assignment of Yacht Club Dockage Agreement and License Agreement
- 10.12 Consent Agreement
- 10.12 Fourth Amendment to Dockage Agreement
- 10.13 Lease Agreement
- 10.14 Agreement Granting Moorage and Other Rights
- 10.14 Assignment of Agreement Granting Moorage and Other Rights
- 10.14 Assignment
- 10.15 Lease Agreement
- 10.15 Assignment of Agreement Granting Moorage and Other Rights
- 10.15.1 Agreement Granting Moorage, Dockage, Berthing and Other Rights
- 10.15.1 Assignment of Agreement Granting Moorage, Dockage, Berthing and Other Rights
- 10.16 Charter Party Agreement
- 10.16 First Amendment to Charter Party Agreement
- 10.16 Second Amendment to Charter Party Agreement
- 10.17 Hotel Lease
- 10.17 First Amendment to Hotel Lease
- 10.17 Second Amendment to Hotel Lease
- 10.18 Evansville Riverboat Landing Lease
- 10.18 Amendment to Evansville Riverboat Landing Lease
- 10.18 Second Amendment to Evansville Riverboat Landing Lease
- 10.18 Memorandum of Understanding
- 10.18 Memorandum of Understanding
- 10.18 Memorandum of Understanding
- 10.18 Memorandum of Understanding
- 10.18 Third Amendment to Evansville Riverboat Landing Lease
- 10.18 Fourth Amendment to Evansville Riverboat Landing Lease
- 10.19 Lease Agreement
- 10.19 First Amendment to Lease Agreement
- 10.19 Second Amendment to Lease Agreement
- 10.19 Third Amendment to Lease Agreement
- 10.19 Fourth Amendment to Lease Agreement
- 10.19 Fifth Amendment to Lease Agreement
- 10.20 Collective Bargaining Agreement
- 10.21 Labor Agreement
- 10.22 Labor Agreement
- 10.23 Collective Bargaining Agreement
- 10.24 Collective Bargaining Agreement
- 12.1 Calculation of Ratio of Earnings to Fixed Charges
- 23.2 Consent of Ernst & Young LLP
- 23.3 Consent of Ernst & Young LLP
- 23.4 Consent of Ernst & Young LLP
- 23.5 Consent of Ernst & Young LLP
- 23.6 Consent of Ernst & Young LLP
- 23.7 Consent of Ernst & Young LLP
- 23.8 Consent of Pricewaterhousecoopers LLP
- 23.9 Consent of Deloitte & Touche LLP
Argosy Of Louisiana similar filings
- 17 Oct 07 Registration of securities issued in business combination transactions (amended)
- 29 Jun 07 Registration of securities issued in business combination transactions
- 5 Apr 01 Registration of securities issued in business combination transactions
- 23 Jul 99 Registration of securities issued in business combination transactions
Filing view
External links
Exhibit 10.18(g)
THIRD AMENDMENT TO LEASE AGREEMENT
THIS THIRD AMENDMENT TO LEASE AGREEMENT (“Third Amendment”), is made on July 19, 2005, and effective as of December 1, 2005, by and among the City of Evansville, Indiana (the “City”) acting by and through the Redevelopment Commission of the City of Evansville, Indiana, organized and operating under IC 36-7-14 (“Commission”), Aztar Indiana Gaming Company, LLC, a limited liability company, organized and existing under the laws of the State of Indiana (“Tenant”), and Aztar Corporation, a corporation organized and existing under the laws of the State of Delaware (“Guarantor”).
RECITALS
A. The Commission, Tenant and Guarantor are the parties in interest to that certain Evansville Riverboat Landing Lease dated May 2, 1995 (the “Original Lease”), as amended by an Amendment to Lease Agreement effective December 1, 2001 (the “First Amendment”), as further amended by that certain Second Amendment to Lease Agreement dated August 27, 2003 (the “Second Amendment”), and as further amended by those certain Memorandums of Understanding made effective as of December 1, 2004, March 15, 2005, May 12, 2005, and June 7, 2005, respectively (the “MOUs,” and collectively with the Original Lease, the First Amendment and the Second Amendment, the “Lease”).
B. In furtherance of the objectives of the Act and the Downtown Redevelopment Plan, and in order to induce Tenant to exercise its right and option to extend the term of the Lease for an additional term of five years from December 1, 2005 to November 30, 2010 (the “First Extended Term”), the Commission and Tenant desire to amend the Lease.
NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, the Commission, Tenant and the Guarantor agree to amend the Lease as follows. Capitalized terms not otherwise defined herein shall have the meaning ascribed thereto in the Lease.
1. Grant of Options for Additional Extended Terms. Section 2.03 of the Original Lease is hereby amended in its entirety to read as follows:
“Section 2.03.The Extended Term(s).If Tenant shall comply with each of the terms, provisions and conditions of this Lease so that at the end of the First Extended Term there is no uncured Event of Default of Tenant hereunder, Tenant shall have the right and option to extend the term of this Lease for an additional extended term of five (5) years (the “Second Extended Term”). If Tenant shall comply with each of the terms, provisions and commitments of this Lease so that at the end of the Second Extended Term there is no uncured event of default of Tenant hereunder, Tenant shall have the right and option to extend the term of this Lease for an additional term of five (5) years (the “Third Extended Term”).
Tenant shall have the right and option to extend the term of this Lease for four (4) additional terms of five (5) years each following the Third Extended Term, provided that there is no uncured event of default of Tenant hereunder at the end of the Third Extended Term and at end of each succeeding extended term. The Second Extended Term, the Third Extended Term and any succeeding extended term may be referred to hereinafter as the “Extended Term” or “Extended Terms”.”
2. Rent Schedule. Section 4.01 of the Lease is hereby amended in its entirety to read as follows:
“Section 4.01.Rent Schedule.Tenant hereby agrees to pay Rental to City for each year of the Demised Term as set forth in Schedule 4.01 attached hereto (the “Rent Schedule”), which shall include a percentage of the Adjusted Gross Receipts (“AGR”) as defined in the Gambling Law (the “Percentage Rent”).”
3. Use of Term “Lease Year”. Section 4.02 of the Lease is hereby amended in its entirety to read as follows:
“Section 4.02.Use of the Term “Lease Year”.Throughout the Demised Term, the use of the term “Year” or “Lease Year” in this Lease shall refer to a period commencing December 1 and terminating as of November 30 of the subsequent calendar year. For purposes of this Lease, the term “month” shall be determined in reference to Tenant’s fiscal year, as set forth on Schedule 4.02 attached hereto (the “Fiscal Year Schedule”), and shall not mean a calendar month.”
4. Lease in Full Force and Effect. Except as expressly amended by this Third Amendment, the Lease shall remain unchanged and in full force and effect, as amended herein.
5. Affirmation of Guaranty. Guarantor hereby unconditionally guarantees and promises to perform and reaffirms its obligations under the Lease, as amended by this Third Amendment, and acknowledges that the Guaranty secures the obligations of Tenant set forth in this Third Amendment.
6. Third Party Approvals. This Amendment is subject to approval by any lender to Tenant or to Guarantor and by the Indiana Gaming Commission, if required.
7. Authorization. The Parties respectively represent to one another that the execution, delivery and performance of this Third Amendment have been duly authorized and this Amendment constitutes the legally binding obligation of the respective Parties.
8. Definitions. All of the capitalized terms used herein, but not defined in this Third Amendment, shall have the meaning set forth in the Project Agreement and the Lease.
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IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to execute this Third Amendment as of the day and year first above written.
AZTAR INDIANA GAMING | AZTAR CORPORATION | |||||||||
COMPANY, LLC | ||||||||||
By: Printed Name: | /s/ James L. Brown | By: Printed Name: | /s/ Neil Ciarfalia | |||||||
Title: | President/GM | Title: | CFO, VP & Treasurer | |||||||
REDEVELOPMENT COMMISSION OF | ||||||||||
THE CITY OF EVANSVILLE, INDIANA | ||||||||||
/s/ [ILLEGIBLE] | ||||||||||
/s/ [ILLEGIBLE] | ||||||||||
/s/ [ILLEGIBLE] | ||||||||||
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