SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of January 3, 2007 among HERBST GAMING, INC., as Borrower, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, and The Other Lenders Party HeretoCredit Agreement • January 9th, 2007 • Herbst Gaming Inc • Services-miscellaneous amusement & recreation • New York
This SECOND AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of January 3, 2007, among HERBST GAMING, INC., a Nevada corporation (the “Borrower”), each lender listed on the signature pages hereto or which from time to time becomes a party hereto (collectively, the “Lenders”, and individually, a “Lender”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, LEHMAN COMMERCIAL PAPER, INC. and WACHOVIA BANK, NATIONAL ASSOCIATION, as Syndication Agents, and U.S. BANK, NATIONAL ASSOCIATION, as Documentation Agent. LEHMAN BROTHERS INC. and WACHOVIA CAPITAL MARKETS, LLC have served as the Joint Lead Arrangers and Joint Book Runners for the credit facilities described herein. The parties hereto hereby agree with reference to the following facts:
