Subsidiary Guarantee Notation by WDRA Food Service, Inc. for Wheeling Island Gaming, Inc. Notes

Contract Categories: Business Finance › Guaranty Agreements
Summary

WDRA Food Service, Inc., as a guarantor, unconditionally promises to pay the principal, interest, and any premium on notes issued by Wheeling Island Gaming, Inc., as outlined in the Indenture dated December 19, 2001. This guarantee covers timely payments and performance of all obligations under the Indenture, even if payment terms are extended or renewed. The guarantee is joint and several with other guarantors, and is enforceable by noteholders and the trustee, U.S. Bank, N.A.

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EX-4.2 10 a2068664zex-4_2.txt EXHIBIT 4.2 Exhibit 4.2 NOTATION OF GUARANTEE For value received, each Guarantor (which term includes any successor Person under the Indenture) has, jointly and severally, unconditionally guaranteed, to the extent set forth in the Indenture and subject to the provisions in the Indenture dated as of December 19, 2001 (the "INDENTURE") among Wheeling Island Gaming, Inc., the other Guarantors (as defined in the Indenture) and U.S. Bank, N.A., as trustee (the "TRUSTEE") (a) the due and punctual payment of the principal of, the premium (if any) on, and the interest on, the Notes (as defined in the Indenture), whether at maturity, by acceleration, redemption or otherwise, the due and punctual payment of interest on overdue principal and premium and, to the extent permitted by law, interest, and the due and punctual performance of all other obligations of the Company to the Holders or the Trustee all in accordance with the terms of the Indenture; and (b) in case of any extension of time of payment or renewal of any Notes or any of such other obligations, that the same will be promptly paid in full when due or performed in accordance with the terms of the extension or renewal, whether at stated maturity, by acceleration or otherwise. The obligations of the Guarantors to the Holders of Notes and to the Trustee pursuant to the Subsidiary Guarantee and the Indenture are expressly set forth in Article Ten of the Indenture and reference is hereby made to the Indenture for the precise terms of the Subsidiary Guarantee. Each Holder of a Note, by accepting the same, agrees to and shall be bound by such provisions. WDRA FOOD SERVICE, INC. By: ------------------------------- Name: Scott L. Cooper Title: President