0001104659-08-070008 Sample Contracts

AMENDMENT NO. 5 AND SECOND FORBEARANCE AND STANDSTILL AGREEMENT
And Standstill Agreement • November 12th, 2008 • Herbst Gaming Inc • Services-miscellaneous amusement & recreation • New York

THIS AMENDMENT NO. 5 AND SECOND FORBEARANCE AND STANDSTILL AGREEMENT (this “Agreement”) is made and entered into as of the [ ] day of November, 2008 by and among each lender executing a counterpart hereof, WILMINGTON TRUST COMPANY, as administrative agent (the “Administrative Agent”), HERBST GAMING, INC. (the “Borrower”) and the Subsidiaries of the Borrower executing a counterpart hereof (the “Grantors” and, together with the Borrower, the “Loan Parties”).

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