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EXHIBIT 99.3
NOTICE OF GUARANTEED DELIVERY
WITH RESPECT TO
10-1/2% SENIOR SUBORDINATED NOTES DUE 2004 SERIES A
OF AMERISTAR CASINOS, INC.
THIS FORM, OR ONE SUBSTANTIALLY EQUIVALENT HERETO, MUST BE USED BY ANY HOLDER OF
10-1/2% SENIOR SUBORDINATED NOTES DUE 2004 SERIES A (THE "OLD NOTES") OF
AMERISTAR CASINOS, INC., A NEVADA CORPORATION (THE "COMPANY") WHO WISHES TO
TENDER OLD NOTES PURSUANT TO THE EXCHANGE OFFER, AS DEFINED IN THE PROSPECTUS
DATED NOVEMBER 10, 1997 (THE "PROSPECTUS") OF THE COMPANY AND CACTUS PETE'S,
INC., A NEVADA CORPORATION ("CPI"), AMERISTAR CASINO VICKSBURG, INC., A
MISSISSIPPI CORPORATION ("ACVI"), AMERISTAR CASINO COUNCIL BLUFFS, INC., AN IOWA
CORPORATION ("ACCBI"), AMERISTAR CASINO LAS VEGAS, INC., A NEVADA CORPORATION
("ACLVI"), A.C. FOOD SERVICES, INC., A NEVADA CORPORATION ("ACFSI"), AND AC
HOTEL CORP., A MISSISSIPPI CORPORATION ("ACHC"; THE COMPANY, CPI, ACVI, ACCBI,
ACLVI, ACFSI AND ACHC BEING COLLECTIVELY REFERRED TO HEREIN AS THE "ISSUERS")
AND (I) WHOSE OLD NOTES ARE NOT IMMEDIATELY AVAILABLE OR (II) WHO CANNOT DELIVER
SUCH OLD NOTES OR ANY OTHER DOCUMENTS REQUIRED BY THE LETTER OF TRANSMITTAL ON
OR BEFORE THE EXPIRATION DATE (AS DEFINED IN THE PROSPECTUS) OR (III) WHO CANNOT
COMPLY WITH THE BOOK-ENTRY TRANSFER PROCEDURE ON A TIMELY BASIS. SUCH FORM MAY
BE DELIVERED BY FACSIMILE TRANSMISSION, MAIL OR HAND DELIVERY TO THE EXCHANGE
AGENT. SEE "THE EXCHANGE OFFER -- GUARANTEED DELIVERY PROCEDURES" IN THE
PROSPECTUS.
AMERISTAR CASINOS, INC.
NOTICE OF GUARANTEED DELIVERY
To: First Trust National Association, the Exchange Agent
By Mail: By Hand:
First Trust National Association First Trust National Association
180 East Fifth Street 180 East Fifth Street
St. Paul, Minnesota 55101 4th Floor Bond Drop Window
Attention: Specialized Finance St. Paul, Minnesota 55101
Department Attention: Specialized Finance
Department
By Facsimile:
(612) 244-1537 or
Confirm by Telephone: First Trust New York
(612) 244-1197 100 Wall Street
20th Floor
New York, New York 10005
DELIVERY OF THIS NOTICE OF GUARANTEED DELIVERY TO AN ADDRESS OTHER THAN AS SET
FORTH ABOVE OR TRANSMISSION VIA A FACSIMILE NUMBER OTHER THAN AS SET FORTH ABOVE
WILL NOT CONSTITUTE A VALID DELIVERY.
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PLEASE READ THE ACCOMPANYING INSTRUCTIONS CAREFULLY
Ladies and Gentlemen:
The undersigned hereby tenders to the Company upon the terms and subject to the
conditions set forth in the Prospectus and the related Letter of Transmittal,
receipt of which is hereby acknowledged, the principal amount of Old Notes
specified below pursuant to the guaranteed delivery procedures set forth under
the caption "The Exchange Offer -- Guaranteed Delivery Procedures" in the
Prospectus. By so tendering, the undersigned does hereby make, at and as of the
date hereof, the representations and warranties of a tendering holder of Old
Notes set forth in the Letter of Transmittal. The undersigned hereby tenders the
Old Notes listed below:
CERTIFICATE NUMBER(S) (IF AVAILABLE) PRINCIPAL AMOUNT TENDERED
NAME(S) OF RECORD HOLDER(S) ADDRESS(ES) OF RECORD HOLDER(S)
(INCLUDING ZIP CODE(S))
IF OLD NOTES WILL BE DELIVERED BY BOOK-ENTRY TRANSFER TO THE AREA CODE AND TELEPHONE NUMBER(S)
DEPOSITORY TRUST COMPANY ("DTC"), PROVIDE DTC ACCOUNT NO. OF RECORD HOLDER(S)
DATE____________________ SIGNATURE(S)
__________________________________
__________________________________
All authority herein conferred or agreed to be conferred shall survive the
death, incapacity, or dissolution of the undersigned and every obligation of the
undersigned hereunder shall be binding upon the heirs, personal representatives,
successors and assigns of the undersigned.
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GUARANTEE
(NOT TO BE USED FOR SIGNATURE GUARANTEE)
The undersigned, a participant in a Recognized Signature Guarantee Medallion
Program, guarantees deposit with the Exchange Agent of the Letter of Transmittal
(or facsimile thereof), together with the Old Notes tendered hereby in proper
form for transfer, or confirmation of the book-entry transfer of such Old Notes
into the Exchange Agent's account at The Depository Trust Company, pursuant to
the procedure for book-entry transfer set forth in the Prospectus, and any other
required documents, all by 5:00 p.m., New York City time, on the third (3rd) New
York Stock Exchange trading day following the Expiration Date (as defined in the
Prospectus).
SIGN HERE ________________________________
NAME OF FIRM ________________________________
AUTHORIZED
SIGNATURE ________________________________
NAME
(PLEASE PRINT) ________________________________
ADDRESS
AND ZIP CODE ________________________________
AREA CODE AND
TELEPHONE NO. ________________________________
DATE: ________________________________
DO NOT SEND CERTIFICATES FOR OLD NOTES WITH THIS FORM. ACTUAL SURRENDER OF
CERTIFICATES FOR OLD NOTES MUST BE MADE PURSUANT TO, AND BE ACCOMPANIED BY, A
COPY OF THE PREVIOUSLY EXECUTED LETTER OF TRANSMITTAL.
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INSTRUCTIONS
1. DELIVERY OF THIS NOTICE OF GUARANTEED DELIVERY. A properly completed
and duly executed copy of this Notice of Guaranteed Delivery and any other
documents required by this Notice of Guaranteed Delivery must be received by the
Exchange Agent at one of its addresses set forth on the cover hereof prior to
the Expiration Date. The method of delivery of this Notice of Guaranteed
Delivery and all other required documents to the Exchange Agent is at the
election and risk of the holder but, except as otherwise provided below, the
delivery will be deemed made only when actually received by the Exchange Agent.
Instead of delivery by mail, it is recommended that holders use an overnight or
hand delivery service, properly insured. If such delivery is by mail, it is
recommended that the holder use properly insured, registered mail with return
receipt requested. For a full description of the guaranteed delivery procedures,
see the Prospectus under the caption "The Exchange Offer -- Guaranteed Delivery
Procedures." In all cases, sufficient time should be allowed to assure timely
delivery. No Notice of Guaranteed Delivery should be sent to the Issuers.
2. SIGNATURE ON THIS NOTICE OF GUARANTEED DELIVERY; GUARANTEE OF
SIGNATURES. If this Notice of Guaranteed Delivery is signed by the registered
holder(s) of the Old Notes referred to herein, then the signature must
correspond with the name(s) as written on the face of the Old Notes without
alteration, enlargement or any change whatsoever.
If this Notice of Guaranteed Delivery is signed by a person other than
the registered holder(s) of any Old Notes listed, this Notice of Guaranteed
Delivery must be accompanied by a properly completed bond power signed as the
name of the registered holder(s) appear(s) on the face of the Old Notes without
alteration, enlargement or any change whatsoever.
If this Notice of Guaranteed Delivery is signed by a trustee, executor,
administrator, guardian, attorney-in-fact, officer of a corporation or other
person acting in a fiduciary or representative capacity, such person should so
indicate when signing, and, unless waived by the Issuers, evidence satisfactory
to the Issuers of their authority so to act must be submitted with this Notice
of Guaranteed Delivery.
3. REQUESTS FOR ASSISTANCE OR ADDITIONAL COPIES. Questions relating to
the Exchange Offer or the procedure for consenting and tendering as well as
requests for assistance or for additional copies of the Prospectus, the Letter
of Transmittal and this Notice of Guaranteed Delivery, may be directed to the
Exchange Agent at the address set forth on the cover hereof or to your broker,
dealer, commercial bank or trust company.
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