Subsidiary Guarantee Notation by Wheeling Land Development Corp. under Indenture with Wheeling Island Gaming, Inc.

Contract Categories: Business Finance › Guaranty Agreements
Summary

Wheeling Land Development Corp., as a guarantor, promises to pay the principal, interest, and any premiums on notes issued by Wheeling Island Gaming, Inc. if the company fails to do so. This guarantee is made jointly with other guarantors and is governed by the terms of an Indenture dated December 19, 2001, with U.S. Bank, N.A. as trustee. The guarantee covers timely payments and performance of obligations, including in cases of extensions or renewals, as detailed in the Indenture.

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EX-4.3 11 a2068664zex-4_3.txt EXHIBIT 4.3 Exhibit 4.3 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. WHEELING LAND DEVELOPMENT CORP. By: ------------------------------- Name: Ronald A. Sultemeier Title: President