Acknowledgment of Intercreditor Agreement by Peninsula Gaming, LLC (June 16, 2004)
Summary
Peninsula Gaming, LLC acknowledges receipt of the Intercreditor Agreement dated April 16, 2004, between U.S. Bank National Association (as Trustee and Secured Party) and Wells Fargo Foothill, Inc. (as Credit Facility Lender). Peninsula Gaming consents to the agreement, agrees to abide by its terms, and recognizes the rights granted to the parties. The company also confirms it is not an intended or third-party beneficiary under the agreement. This acknowledgment is signed by the Chief Executive Officer on June 16, 2004.
EX-4.9B 20 forms4_ex4-9bwfb071404.txt EX. 4.9B - ACK OF PEN GAMING - 06-16-04 Exhibit 4.9B ACKNOWLEDGMENT The undersigned hereby acknowledges that (a) it has received a copy of the foregoing Intercreditor Agreement, dated as of April 16, 2004 (the "INTERCREDITOR AGREEMENT"; undefined capitalized terms used in this Acknowledgment have the meanings assigned to them in the Intercreditor Agreement), by and among U.S. Bank National Association, as Trustee and Secured Party, and Wells Fargo Foothill, Inc., as Credit Facility Lender (as defined below), and consents thereto, and agrees to recognize all rights granted thereby to the Parties, and will not do any act or perform any obligation that is not in accordance with the agreements set forth in such Intercreditor Agreement; and (b) it is not an intended beneficiary or third party beneficiary under the Intercreditor Agreement. Dated June 16, 2004. PENINSULA GAMING, LLC, as an Issuer By: /s/ M. Brent Stevens --------------------------------- Name: M. Brent Stevens Title: Chief Executive Officer
