Exhibit 4.6B
SUPPLEMENT TO SECURITY AGREEMENT
This SUPPLEMENT TO SECURITY AGREEMENT, dated June 16, 2004 is
delivered by the undersigned in favor of U.S. Bank National Association, as
Trustee (together with any successor Trustee pursuant to the terms of the
Indenture, the "SECURED PARTY"), acting in the capacity of collateral agent for
the benefit of itself and the Holders, pursuant to the Pledge and Security
Agreement, dated as of April 16, 2004 (as it may be from time to time amended,
restated, modified or supplemented, the "SECURITY AGREEMENT"), among Xxxxxxx Xx,
LLC, a Delaware limited liability company ("DJL"), The Old Xxxxxxxxxx Xxxxx
Capital Corp., a Delaware corporation ("CAPITAL" and, together with DJL, the
"ISSUERS"), OED Acquisition, LLC, a Delaware limited liability company ("OEDA"),
Peninsula Gaming Corporation, a Delaware corporation ("PG CORP."), The Old
Xxxxxxxxxx Xxxxx, L.L.C., a Louisiana limited liability company ("OED"), and
each additional Guarantor (as defined in the Indenture referred to therein) and
Issuer (as defined in the Indenture) from time to time party thereto pursuant to
Section 5.2 thereof, and the Secured Party. Capitalized terms used herein not
otherwise defined herein shall have the meanings ascribed thereto in the
Security Agreement.
The undersigned does hereby grant to the Secured Party a security
interest in, all of the undersigned's right, title and interest in and to all
Collateral to secure the Secured Obligations of the undersigned, in each case
whether now or hereafter existing or in which the undersigned now has or
hereafter acquires an interest and wherever the same may be located. The
undersigned hereby further agrees, as of the date first written above, to be
bound by all of the terms and provisions of the Security Agreement, as
supplemented by this Supplement to Security Agreement. The undersigned hereby
makes all of the representations and warranties set forth in the Security
Agreement, and hereby represents and warrants that the attached supplements to
Schedules accurately and completely set forth all information required pursuant
to the Security Agreement and hereby agrees that such Supplements to Schedules
shall constitute part of the schedules to the Security Agreement.
IN WITNESS WHEREOF, the undersigned has caused this Supplement to
Security Agreement to be duly executed and delivered by its duly authorized
officer.
PENINSULA GAMING, LLC
By:/s/M. XXXXX XXXXXXX
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Name: M. Xxxxx Xxxxxxx
Title: Chief Executive Officer
ACCEPTED AND AGREED TO BY:
U.S. BANK NATIONAL ASSOCIATION,
as Trustee, as Secured Party
By: /s/XXXXX X. XXXXXX, XX
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Name: Xxxxx X. Xxxxxx, XX
Title: Vice President
