UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
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FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported): March 17, 2005
THE MAJESTIC STAR CASINO, LLC
THE MAJESTIC STAR CASINO CAPITAL CORP.
(Exact Name of Registrant as Specified in Charter)
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Indiana 333-06489 43-1664986
Indiana 35-2100872
(State or Other Jurisdiction (Commission (IRS Employer
of Incorporation) File Number) Identification No.)
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301 Fremont Street, 12th Floor
Las Vegas, Nevada 89101
(Address of Principal Executive Offices)
Registrant's telephone number, including area code: (702) 388-2224
Not Applicable
(Former Name or Former Address, if Changed Since Last Report)
Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions:
[ ] Written communications pursuant to Rule 425 under the Securities Act
(17 CFR 230.425)
[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17
CFR 240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR 240.13e-4(c))
ITEM 1.01. ENTRY INTO A MATERIAL DEFINITIVE AGREEMENT.
On March 17, 2005, The Majestic Star Casino, LLC ("Majestic Star") and
its subsidiaries Barden Mississippi Gaming, LLC and Barden Colorado Gaming, LLC
(together, the "Barden Subsidiaries") executed a second amendment to the Loan
and Security Agreement among Majestic Star, the Barden Subsidiaries, Wells Fargo
Foothill, Inc. and General Electric Capital Corporation dated as of October 7,
2003, as previously amended (the "Loan Agreement"). The second amendment to the
Loan Agreement clarifies that the purchase of the approximately 170 acres of
land located adjacent to the Buffington Harbor gaming complex (which constitutes
a "Permitted Investment" under the Loan Agreement) is not a "Capital
Expenditure" under the Loan Agreement nor is it subject to the fiscal year
Capital Expenditure limitations set forth in the Loan Agreement. The second
amendment is effective as of March 1, 2005.
A copy of the second amendment to the Loan Agreement is filed as
Exhibit 10.1 to this Current Report and is incorporated herein by reference.
ITEM 9.01. FINANCIAL STATEMENTS AND EXHIBITS.
(c) Exhibits
Exhibit No. Description
10.1 Amendment Number Two to Loan and Security Agreement dated as
of March 1, 2005 by and among The Majestic Star Casino, LLC,
certain subsidiaries signatory thereto, the lenders
signatories thereto and Wells Fargo Foothill, Inc., as Agent
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934,
the Registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
March 22, 2005 THE MAJESTIC STAR CASINO, LLC
By: /s/ JON S. BENNETT
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Jon S. Bennett, Vice President and Chief
Financial Officer
THE MAJESTIC STAR CASINO CAPITAL CORP.
By: /s/ JON S. BENNETT
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Jon S. Bennett, Vice President and Chief
Financial Officer
EXHIBIT INDEX
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Exhibit No. Description
10.1 Amendment Number Two to Loan and Security Agreement dated as
of March 1, 2005 by and among The Majestic Star Casino, LLC,
certain subsidiaries signatory thereto, the lenders
signatories thereto and Wells Fargo Foothill, Inc., as Agent
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