LEASEHOLD DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING Market Gaming, Inc., a Nevada corporation Trustor National Title Co., a Nevada corporation Trustee and The Bank of New York, a New York banking corporation...Herbst Gaming Inc • October 5th, 2001 • Nevada
THIS LEASEHOLD DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING ("Deed of Trust"), is made as of August 24, 2001, by Market Gaming, Inc., a Nevada corporation, as trustor ("Trustor"), to National Title Co., a Nevada corporation, as trustee ("Trustee"), for the benefit of The Bank of New York, a New York banking corporation, as trustee ("Beneficiary") acting on behalf of the holders of the Notes issued pursuant to that certain Indenture dated as of even date herewith (the "Indenture") among Herbst Gaming, Inc., as issuer, Beneficiary, as trustee and each of the Guarantors (as defined in the Indenture). All capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Indenture.
PLEDGE AND SECURITY AGREEMENT (Edward, Tim and Troy Herbst)Pledge and Security Agreement • October 5th, 2001 • Herbst Gaming Inc • Nevada
This PLEDGE AND SECURITY AGREEMENT (this "Agreement"), dated as of August 24, 2001, is entered into by Edward J. Herbst, and individual, Timothy P. Herbst, an individual, and Troy D. Herbst, an individual (each a "Pledgor" and collectively, the "Pledgors"), in favor of The Bank of New York, a New York banking corporation, as trustee ("Trustee"), for the benefit of the holders of the 103/4% Senior Secured Notes due 2008 (the "Notes") issued by Herbst Gaming, Inc. a Nevada corporation (the "Issuer") pursuant to the Indenture dated as of August 24, 2001 (the "Indenture"), among the Issuer, each of the Guarantors (as defined in the Indenture) and the Trustee.
LEASE AGREEMENTLease Agreement • October 5th, 2001 • Herbst Gaming Inc
THIS LEASE, made this 1st day of July, 1997, by and between The Herbst Family Limited Partnership II(hereinafter "Lessor"), and E-T-T Enterprises, L.L.C. (Hereinafter "Lessee").
GAMING DEVICES LICENSE AGREEMENTGaming Devices License Agreement • October 5th, 2001 • Herbst Gaming Inc • Nevada
THIS GAMING DEVICES LICENSE AGREEMENT (the "Agreement") is entered into this 31 day of August, 1998 by and between THE VONS COMPANIES, INC. a Michigan corporation(hereinafter "VONS") and MARKET GAMING, INC., a Nevada Corporation (hereinafter "MGI") upon the terms and conditions set forth, below.
LICENSE AGREEMENTLicense Agreement • October 5th, 2001 • Herbst Gaming Inc
THIS AGREEMENT is entered into as of the 12th day of March 1999, between Rite Aid Corporation, a Delaware corporation ("Licensor"), and Cardivan Company, a Nevada corporation ("Licensee"). Licensee and Licensor are collectively referred to as "the Parties".
DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING Market Gaming, Inc., a Nevada Corporation Trustor National Title Co., a Nevada corporation Trustee and The Bank of New York, a New York banking corporation...Security Agreement • October 5th, 2001 • Herbst Gaming Inc • Nevada
THIS DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING ("Deed of Trust"), is made as of August 24, 2001, by Market Gaming, Inc., a Nevada corporation, as trustor ("Trustor"), to National Title Co., a Nevada corporation, as trustee ("Trustee"), for the benefit of The Bank of New York, a New York banking corporation, as trustee ("Beneficiary") acting on behalf of the holders of the Notes issued pursuant to that certain Indenture dated as of even date herewith (the "Indenture") among Herbst Gaming, Inc., as issuer, Beneficiary, as trustee and each of the Guarantors (as defined in the Indenture). All capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Indenture.
QuickLinks -- Click here to rapidly navigate through this documentHerbst Gaming Inc • October 5th, 2001
SETTLEMENT AGREEMENT made as of the 18 day of November, 1999 among Cardivan Company, a Nevada corporation, Corral United, Inc. a Nevada corporation, Jackpot Enterprises Inc., a Nevada corporation, and Albertson's Inc., a Delaware corporation.
REGISTRATION RIGHTS AGREEMENT by and among HERBST GAMING, INC., and THE GUARANTORS SIGNATORIES HERETO and LEHMAN BROTHERS INC. and U.S. BANCORP LIBRA Dated as of August 24, 2001Registration Rights Agreement • October 5th, 2001 • Herbst Gaming Inc • New York
This Registration Rights Agreement (this "Agreement") is made and entered into as of August 24, 2001, by and among Herbst Gaming, Inc., a Nevada corporation (the "Company"), certain subsidiaries of the Company listed on the signature pages hereto (collectively, the "Guarantors"), and Lehman Brothers Inc. and U.S. Bancorp Libra (each an "Initial Purchaser" and, collectively, the "Initial Purchasers"), each of whom has agreed to purchase the Company's 103/4% Senior Secured Notes due 2008 (the "Series A Notes") pursuant to the Purchase Agreement (as defined below).
SECURITY AGREEMENTSecurity Agreement • October 5th, 2001 • Herbst Gaming Inc • Nevada
THIS SECURITY AGREEMENT (this "Agreement") is made as of the 24th day of August, 2001, by Herbst Gaming, Inc., a Nevada corporation (the "Company") and each of its subsidiaries listed on Schedule A attached hereto (collectively, the "Subsidiaries"), to and for the benefit of The Bank of New York, a New York banking corporation, as trustee under the Indenture ("Trustee") for itself and the holders of the Notes issued under the Indenture (the "Holders"). The Company and each of the Subsidiaries are individually referred to herein as "Debtor" and collectively, the "Debtors".
GAMING DEVICES LICENSE AGREEMENTGaming Devices License Agreement • October 5th, 2001 • Herbst Gaming Inc • Nevada
THIS GAMING DEVICES LICENSE AGREEMENT (the "Agreement") is entered into this 31 day of August, 1998 by and between SAFEWAY, INC., a Delaware corporation (hereinafter "SAFEWAY") and MARKET GAMING, INC., a Nevada Corporation (hereinafter "MGI") upon the terms and conditions set forth, below.
LICENSE AGREEMENTLicense Agreement • October 5th, 2001 • Herbst Gaming Inc
THIS AGREEMENT is entered into as of the 24th day of April 1997, between American Drug Stores, Inc., an Illinois corporation ("Licensor"), and Corral United, Inc., a Nevada corporation ("Licensee"). Licensee and Licensor are collectively referred to as "the Parties".
GAMING DEVICES LICENSE AGREEMENTGaming Devices License Agreement • October 5th, 2001 • Herbst Gaming Inc • Nevada
THIS GAMING DEVICES LICENSE AGREEMENT (the "Agreement") is entered into this 20th day of December, 1999 by and between TERRIBLE HERBST, INC., a Nevada corporation (hereinafter "TERRIBLE HERBST") and E-T-T, INC., a Nevada Corporation (hereinafter "ETT") upon the terms and conditions set forth, below.
FIRST AMENDMENT TO CORRAL COIN LICENSE AGREEMENTCorral Coin License Agreement • October 5th, 2001 • Herbst Gaming Inc
This FIRST AMENDMENT TO LICENSE AGREEMENT ("First Amendment") made as of this 27th day of March 2000, between RITE AID CORPORATION ("Licensor"), a Delaware Corporation, and CORRAL COIN, INC. ("Licensee"), a Nevada corporation.
EXECUTIVE EMPLOYMENT AGREEMENTEmployment Agreement • October 5th, 2001 • Herbst Gaming Inc • Nevada
This Employment Agreement (this "Agreement"), dated as of the 1st day of August , 2001, between Herbst Gaming, Inc., a Nevada corporation, and E-T-T, Inc., a Nevada corporation (together with their successors or assigns as permitted under this Agreement, collectively, the "Company"), and Mary E. Higgins, an individual (the "Executive").
LICENSE AGREEMENTLicense Agreement • October 5th, 2001 • Herbst Gaming Inc
THIS AGREEMENT is entered into as of the 24th day of April 1997, between Lucky Stores, Inc., a Nevada corporation ("Licensor"), and Cardivan Company, a Nevada corporation ("Licensee"). Licensee and Licensor are collectively referred to as "the Parties".
FIRST AMENDMENT TO CARDIVAN LICENSE AGREEMENTCardivan License Agreement • October 5th, 2001 • Herbst Gaming Inc
This FIRST AMENDMENT TO LICENSE AGREEMENT ("First Amendment") made as of this 27th day of March 2000, between RITE AID CORPORATION ("Licensor"), a Delaware Corporation, and CARDIVAN COMPANY ("Licensee"), a Nevada corporation.
LICENSE AGREEMENT (GAMING DEVICES)License Agreement • October 5th, 2001 • Herbst Gaming Inc
THIS LICENSE AGREEMENT ("Agreement") is made as of the 16th day of September, 1998, by and between Albertson's, Inc., a Delaware corporation ("Licensor"), and Cardivan Company, a Nevada corporation ("Licensee").
LICENSE AGREEMENTLicense Agreement • October 5th, 2001 • Herbst Gaming Inc
THIS AGREEMENT is entered into as of the 24th day of April 1997, between American Drug Stores, Inc., an Illinois corporation ("Licensor"), and Cardivan Company, a Nevada corporation ("Licensee"). Licensee and Licensor are collectively referred to as "the Parties".
FIRST AMENDMENT TO SETTLEMENT AGREEMENTSettlement Agreement • October 5th, 2001 • Herbst Gaming Inc
THIS FIRST AMENDMENT TO SETTLEMENT AGREEMENT ("First Amendment") is made as of this 22nd day of December, 1999, among Cardivan Company, a Nevada corporation; Corral United, Inc., a Nevada corporation; Jackpot Enterprises Inc., a Nevada corporation; and Albertson's, Inc., a Delaware corporation.
ESCROW AGREEMENTEscrow Agreement • October 5th, 2001 • Herbst Gaming Inc • Nevada
THIS ESCROW AGREEMENT (the "Agreement") is made as of August 24, 2001, among Edward Herbst, Timothy Herbst and Troy Herbst (collectively the "Herbsts"), Herbst Gaming, Inc., a Nevada corporation (the "Company"), and E-T-T, Inc., a Nevada corporation ("E-T-T" and, together with the Herbsts and the Company, the "Pledgors"), The Bank of New York, a New York banking corporation, as trustee (the "Trustee") under the Indenture (as defined below), and Wilmington Trust FSB, as escrow agent (the "Escrow Agent").
April 30, 2001 Hand deliverHerbst Gaming Inc • October 5th, 2001
Please allow this letter to serve as notice on behalf of ETT, Inc. of the exercise our option to extend the current lease pursuant to Paragraph 24, thereof. Should you have any questions do not hesitate to contact me.
TRADEMARK LICENSE AGREEMENTTrademark License Agreement • October 5th, 2001 • Herbst Gaming Inc • Nevada
This TRADEMARK LICENSE AGREEMENT (this "License") is made as of the 24th day of August, 2001, by and between HERBST GAMING, INC., a Nevada corporation ("Licensee"), and TERRIBLE HERBST, INC., a Nevada corporation ("Licensor").
LEASEHerbst Gaming Inc • October 5th, 2001 • Nevada
AGREEMENT FOR SALEAgreement for Sale • October 5th, 2001 • Herbst Gaming Inc • Nevada
THIS AGREEMENT FOR SALE (herein "Agreement"), is entered into this 1st day of August 1995, between PHOENIX ASSOCIATES, a Nevada limited partnership (herein "Seller"), MARKET GAMING, INC., a Nevada corporation (herein "Buyer"), and E-T-T, INC., a Nevada corporation (herein "Guarantor").
HAZARDOUS SUBSTANCES INDEMNITY AGREEMENTHazardous Substances Indemnity Agreement • October 5th, 2001 • Herbst Gaming Inc • New York
THIS HAZARDOUS SUBSTANCES INDEMNITY AGREEMENT (this "Agreement") is made as of the 24th day of August, 2001, by Herbst Gaming, Inc., a Nevada corporation (the "Company") and each of its subsidiaries listed on Schedule A attached hereto (collectively, "Subsidiaries" and, together with the Company, the "Indemnitor"), to and for the benefit of The Bank of New York, a New York banking corporation, as trustee under the Indenture ("Trustee") for itself and the holders of the Notes issued under the Indenture (the "Holders").
AMENDMENT TO GAMING DEVICE LICENSE AGREEMENTGaming Device License Agreement • October 5th, 2001 • Herbst Gaming Inc
THIS FIRST AMENDMENT TO THE GAMING DEVICE LICENSE AGREEMENT is executed on this ___ day of May, 2001, in Clark County, State of Nevada, by and between E-T-T, Inc., a Nevada corporation, (Hereinafter "E-T-T") and Terrible Herbst, Inc. (Hereinafter "TERRIBLE HERBST").
