UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 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): August 10, 2005
THE MAJESTIC STAR CASINO, LLC
THE MAJESTIC STAR CASINO CAPITAL CORP.
(Exact name of Registrant as Specified in its Charter)
INDIANA 333-06489 43-1664986
INDIANA 35-2100872
(State or Other Jurisdiction (Commission (IRS Employer
of Incorporation) File Number) Identification No.)
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 August 10, 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 third amendment to the Loan and
Security Agreement among Majestic Star, the Barden Subsidiaries, Wells Fargo
Foothill, Inc., General Electric Capital Corporation, Allied Irish Banks, plc.
and Canpartners Investments IV, LLC, dated as of October 7, 2003, as previously
amended (the "Loan Agreement"). The third amendment to the Loan Agreement, among
other things, amends and restates the definition of EBITDA and modifies the
interest coverage ratio covenant. The third amendment is effective as of June
15, 2005.
A copy of the third amendment to the Loan Agreement is filed as Exhibit
10.1 to this Current Report and is incorporated herein by reference.
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.
August 11, 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
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EXHIBIT INDEX
Exhibit No. Description
10.1 Amendment Number Three to Loan and Security Agreement dated as of
June 15, 2005 by and among The Majestic Star Casino, LLC, certain
subsidiary signatories thereto, the lender signatories thereto and
Wells Fargo Foothill, Inc., as Agent
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