Breeden Richard C – ‘SC 13D/A’ on 1/25/99 re: MTR Gaming Group Inc – EX-4

As of:  Monday, 1/25/99   ·   Accession #:  893750-99-67   ·   File #:  5-50735

in

this entire Filing. an “Entity” Search.

Show

Documents searched

and

each “hit”. the 1st “hit”.

↓↑Hints

Amendment to General Statement of Beneficial Ownership   —   Schedule 13D
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: SC 13D/A    Amendment to General Statement of Beneficial           7     40K 
                          Ownership                                              
 2: EX-1        Underwriting Agreement                                23     71K 
 3: EX-2        Plan of Acquisition, Reorganization, Arrangement,      4     16K 
                          Liquidation or Succession                              
 4: EX-3        Articles of Incorporation/Organization or By-Laws      2     11K 
 5: EX-4        Instrument Defining the Rights of Security Holders     2     11K 
 6: EX-5        Opinion re: Legality                                   2     13K 
 7: EX-6        Opinion re: Discount on Capital Shares                 6     23K 
 8: EX-7        Opinion re: Liquidation Preference                     1      9K 
 9: EX-8        Opinion re: Tax Matters                                2     10K 
10: EX-9        Voting Trust Agreement                                 2     10K 
11: EX-10       Material Contract                                     10     31K 
12: EX-11       Statement re: Computation of Earnings Per Share       19     74K 

EX-4   —   Instrument Defining the Rights of Security Holders

EX-4
1st Page of 2
TOC
↑Top
Previous
Next
↓Bottom
Just 1st
 
                                                                 EXHIBIT 4

CONSTRUCTION LOAN AGREEMENT AMENDMENT 

  Construction Loan Agreement Amendment dated February 10, 1995,
among Bennett Management and Development Corp., a New York corporation          
("Lender"), Mountaineer Park, Inc., a West Virginia corporation ("Borrower"),   
and Winners Entertainment, Inc., a Delaware corporation and parent of           
Borrower ("Winners").                                                           

    WHEREAS, Borrower and Lender desire to amend a Construction Loan
Agreement executed by the parties on June 27, 1994 as amended on September      
27, 1994 and December 7, 1994 ("Agreement"); and                                

     WHEREAS, Borrower and Lender desire to amend Article III, Section
3.10 - Purpose of the Loans; and                                                

WHEREAS, all other terms and conditions as set forth in the 
Agreement and the Amendment and the Note shall remain as originally executed.   

   NOW, THEREFORE, in consideration of the premises and agreements
herein contained, the parties, hereto, hereby agree as follows:                 

      1.   Article III, Section 3.10, Purpose of Loans is amended in its
entirety as follows:  3.10 Purpose of Loans.  The proceeds of the loan will     
be used by Borrower only to (i) finance operations, (ii) refurbish              
Mountaineer Race Track and Resort in accordance with plans which have been      
approved by AGEL, as such plans maybe revised from time to time in accordance   
with the approval of AGEL, (iii) pay up to Two Hundred Thousand Dollars         
($200,000) of investment banking fees, (iv) loan up to Seven Hundred Thousand   
Dollars ($700,000) to Winners to fund certain operating deficiencies as         
approved by AGEL in its sole discretion which loan must be repaid to Borrower   
no later than April 15, 1995, and (v) loan up to Eight Hundred Thousand         
Dollars ($800,000) to Winners to fund certain operating deficiencies as         
approved by AGEL in its sole discretion, which loan must be repaid to           
Borrower no later then June 15, 1995.                                           

      This amendment is not intended to nor shall not alter or amend any
other Sections of the Agreement. Any terms not herein defined shall have the    
term set forth in the Agreement.                                                

EX-4
Last Page of 2
TOC
1st
Previous
Next
↓Bottom
Just 2nd
       IN WITNESS HEREOF, the parties hereto have caused this Amendment to
be duly executed and delivered by the proper and duly authorized officers as    
of the day and year first written above.                                        

BENNETT MANAGEMENT & DEVELOPMENT CORP.                                          

By:     /s/ Patrick R. Bennett                                                  
--------------------------------                                      
Name:                                                                 
Title:                                                                

MOUNTAINEER PARK, INC.                                                          

By:     /s/ Michael R. Dunn                                                     
--------------------------------                                      
Name:   Michael R. Dunn                                               
Title:  Chairman of the Board                                         

WINNERS ENTERTAINMENT, INC.                                                     

By:     /s/ Michael R. Dunn                                                     
--------------------------------                                      
Name:   Michael R. Dunn                                               
Title:  Chairman of the Board                                         

-2- 

Dates Referenced Herein

				Referenced-On Page
This ‘SC 13D/A’ Filing		Date		First		Last			Other Filings
Filed on:		1/25/99							None on these Dates
		6/15/95		1
		4/15/95		1
		2/10/95		1
		12/7/94		1
		9/27/94		1
		6/27/94		1
									List all Filings