Exhibit 10.14
FIRST AMENDMENT TO THIRD AMENDED AND RESTATED
MANAGEMENT AGREEMENT
This First Amendment to Third Amended and Restated Management Agreement
(this "First Amendment") is made as of the 1st day of June, 2006, by and between
the POKAGON BAND OF POTAWATOMI INDIANS (the "Band"), the POKAGON GAMING
AUTHORITY (the "Authority"), and GREAT LAKES GAMING OF MICHIGAN, LLC, a
Minnesota limited liability company (f/k/a Great Lakes of Michigan, LLC, ("Great
Lakes").
RECITALS
A. Great Lakes and the Band entered into a Third Amended and Restated
Management Agreement dated as of January 25, 2006 (the "Third Amended
and Restated Management Agreement"), which agreement was approved by
the Chairman of the National Indian Gaming Commission on March
31, 2006.
B. The Band created the Pokagon Gaming Authority on May 25, 2006, and
various rights and obligations of the Band under the Third Amended
and Restated Management Agreement will be performed by the Authority.
C. While the scope and size of the Project have not changed, due to
increased project construction and development costs, the parties
desire to amend the Third Amended and Restated Management Agreement to
increase the maximum dollar amount for recoupment of development and
construction costs of the Facility and the Enterprise.
NOW, THEREFORE, in consideration of the mutual covenants, conditions
and promises herein contained, the receipt and sufficiency of which are
expressly acknowledged, the Band, the Authority and Great Lakes hereby agree as
follows:
SECTION 1. AMENDMENT TO SECTION 5.10. Section 5.10 of he Third Amended and
Restated Management Agreement is hereby amended to replace the dollar amount
"$379,500,000" with the dollar amount "$495,000,000".
SECTION 2. MISCELLANEOUS. Capitalized but undefined terms used herein have the
meanings set forth in the Third Amended and Restated Management Agreement. All
other provisions of the Third Amended and Restated Management Agreement not
modified by this First Amendment shall remain in full force and effect. All
provisions relating to governing law, jurisdiction, waivers of sovereign
immunity, arbitration and waivers of rights to tribal courts contained in the
Third Amended and Restated Development Agreement shall remain in full force and
effect and shall apply to this First Amendment. This Fist Amendment may be
executed in any number of counterparts and
by the different parties on separate counterparts, each of which when so
executed and delivered shall be deemed to be an original and all of which
counterparts, taken together, shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this First Amendment
as of the date first referenced above.
POKAGON BAND OF POTAWATOMI
INDIANS
By /s/ ▇▇▇▇ ▇▇▇▇▇▇
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Chairman, ▇▇▇▇ ▇▇▇▇▇▇
By /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
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Secretary, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
POKAGON GAMING AUTHORITY
By /s/ ▇▇▇▇ ▇▇▇▇▇▇
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President/CEO, ▇▇▇▇ ▇▇▇▇▇▇
By /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
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Secretary, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
GREAT LAKES GAMING OF MICHIGAN
LLC
By /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇
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President/CFO, ▇▇▇▇▇▇▇ ▇. ▇▇▇▇
Approved pursuant to 25 U.S.C. Section 2711:
NATIONAL INDIAN GAMING COMMISSION
By /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇
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Chairman, ▇▇▇▇▇▇ ▇. ▇▇▇▇▇
by the different parties on separate counterparts, each of which when so
executed and delivered shall be deemed to be an original and all of which
counterparts, taken together, shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this First Amendment
as of the date first referenced above.
POKAGON BAND OF POTAWATOMI
INDIANS
By /s/ ▇▇▇▇ ▇▇▇▇▇▇
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Chairman, ▇▇▇▇ ▇▇▇▇▇▇
By /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
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Secretary, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
POKAGON GAMING AUTHORITY
By /s/ ▇▇▇▇ ▇▇▇▇▇▇
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President/CEO, ▇▇▇▇ ▇▇▇▇▇▇
By /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
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Secretary, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
GREAT LAKES GAMING OF MICHIGAN
LLC
By /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇
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President/CFO, ▇▇▇▇▇▇▇ ▇. ▇▇▇▇
Approved pursuant to 25 U.S.C. Section 2711:
NATIONAL INDIAN GAMING COMMISSION
By /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇
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Chairman, ▇▇▇▇▇▇ ▇. ▇▇▇▇▇
by the different parties on separate counterparts, each of which when so
executed and delivered shall be deemed to be an original and all of which
counterparts, taken together, shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this First Amendment
as of the date first referenced above.
POKAGON BAND OF POTAWATOMI
INDIANS
By /s/ ▇▇▇▇ ▇▇▇▇▇▇
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Chairman, ▇▇▇▇ ▇▇▇▇▇▇
By /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
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Secretary, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
POKAGON GAMING AUTHORITY
By /s/ ▇▇▇▇ ▇▇▇▇▇▇
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President/CEO, ▇▇▇▇ ▇▇▇▇▇▇
By /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
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Secretary, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
GREAT LAKES GAMING OF MICHIGAN
LLC
By /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇
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President/CFO, ▇▇▇▇▇▇▇ ▇. ▇▇▇▇
Approved pursuant to 25 U.S.C. Section 2711:
NATIONAL INDIAN GAMING COMMISSION
By /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇
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Chairman, ▇▇▇▇▇▇ ▇. ▇▇▇▇▇
