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As Of Filer Filing For·On·As Docs:Size Issuer Agent 8/14/09 Six Flags Entertainment Corp 10-Q 6/30/09 13:4.4M Merrill Corp-MD/FA |
Document/Exhibit Description Pages Size 1: 10-Q Quarterly Report HTML 1.19M 2: EX-10.1 Material Contract HTML 157K 3: EX-10.2 Material Contract HTML 103K 4: EX-10.3 Material Contract HTML 173K 5: EX-10.4 Material Contract HTML 43K 6: EX-10.5 Material Contract HTML 37K 7: EX-10.6 Material Contract HTML 58K 8: EX-10.7 Material Contract HTML 113K 9: EX-31.1 Certification per Sarbanes-Oxley Act (Section 302) HTML 16K 10: EX-31.2 Certification per Sarbanes-Oxley Act (Section 302) HTML 17K 11: EX-32.1 Certification per Sarbanes-Oxley Act (Section 906) HTML 10K 12: EX-32.2 Certification per Sarbanes-Oxley Act (Section 906) HTML 10K 13: EX-99.1 Miscellaneous Exhibit HTML 1.10M
Exhibit 10.4
Amendment No. 3
to
Subordinated Indemnity Agreement
This Amendment No. 3 to Subordinated Indemnity Agreement (“Amendment”) is entered into as of April 13, 2004 by and among Six Flags Operations Inc. (as successor to Six Flags Entertainment Corporation), Six Flags Theme Parks Inc., SFOG II, Inc., SFT Holdings, Inc., Time Warner Inc., Time Warner Entertainment Company, L.P., TW-SPV Co., Six Flags, Inc. (as successor to Premier Parks Inc.) and GP Holdings Inc. and amends in certain respects the Subordinated Indemnity Agreement, dated as of April 1, 1998, by and among the parties (or their predecessors in interest), as amended by Amendment No. 1 to Subordinated Indemnity Agreement, dated as of November 5, 1999, and Amendment No. 2 to the Subordinated Indemnity Agreement, dated as of June 12, 2002 (as so amended, the “Original Agreement”).
The parties agree as follows:
“; provided, however, that for purposes of the definition of “Triggering Default” and notwithstanding any provision to the contrary, a Triggering Default shall be deemed to continue in perpetuity from the date of its first occurrence unless such Triggering Default is cured within 90 days of its first occurrence, in which case it shall be deemed to have continued until so cured; provided, further, that nothing in the foregoing proviso shall impair or otherwise modify any of the rights or remedies of the TW Parties and/or any of their respective affiliates pursuant to any agreement or arrangement or otherwise (including, without limitation, pursuant to this Agreement, the Beneficial Share Assignment or the Organizational Documents of GP Holdings)”
“1.1.68A “Triggering Default Event” shall mean a Triggering Default.”
“6.1.10 Financial Reports.
(a) SFEC and SFOG shall promptly deliver or cause to be delivered to the TW Parties (i) any information or materials required to be delivered to Flags Georgia, L.L.C. in accordance with Sections 12.8(a)(i)(A), 12.8(a)(i)(B),
12.8(a)(i)(C), 12.8(a)(i)(D) and 12.8(a)(ii) of the Georgia Overall Agreement and (ii) any information or materials delivered to Flags Georgia, L.L.C. in accordance with Section 12.8(c) of the Georgia Overall Agreement.
(b) SFEC and SFOT shall promptly deliver or cause to be delivered to the TW Parties (i) any information or materials delivered or required to be delivered to Texas Fund II in accordance with Sections 11.8(a)(i)(A), 11.8(a)(i)(B), 11.8(a)(i)(C), 11.8(a)(i)(D) and 11.8(a)(ii) of the Texas Overall Agreement and (ii) any information or materials delivered to Texas Fund II in accordance with Section 11.8(c) of the Texas Overall Agreement.”
“The parties hereto shall deliver to Holdco and the TW Parties all material notices received or delivered by any party pursuant to the Georgia Agreements and/or the Texas Agreements no later than three Business Days after such notices are received or delivered by such party.”
[Remainder of Page Intentionally Left Blank]
2
In Witness Whereof, the parties hereto have executed this Amendment as of the day and year first above written.
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Six Flags, Inc., as successor in interest to |
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Premier Parks Inc. |
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By: |
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Name: |
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Title: |
Chief Financial Officer |
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GP Holdings Inc. |
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By: |
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Name: |
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Title: |
Chief Financial Officer |
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Time Warner Inc. |
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By: |
/s/ Robert Marcus |
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Name: |
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Title: |
Senior Vice President |
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Time Warner Entertainment Company, L.P. |
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By: |
/s/ Robert Marcus |
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Name: |
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Title: |
Senior Vice President |
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TW-SPV Co. |
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By: |
/s/ Spencer B. Hays |
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Name: |
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Title: |
Vice President and Secretary |
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Six Flags Operations Inc., as successor in interest to Six Flags Entertainment Corporation |
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By: |
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Name: |
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Title: |
Chief Financial Officer |
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Six Flags Theme Parks Inc. |
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By: |
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Name: |
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Title: |
Chief Financial Officer |
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SFOG II, Inc. |
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By: |
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Name: |
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Title: |
Chief Financial Officer |
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SFT Holdings, Inc. |
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By: |
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Name: |
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Title: |
Chief Financial Officer |
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This ‘10-Q’ Filing | Date | Other Filings | ||
---|---|---|---|---|
Filed on: | 8/14/09 | |||
For Period End: | 6/30/09 | 11-K | ||
4/13/04 | ||||
6/12/02 | ||||
11/5/99 | ||||
4/1/98 | ||||
List all Filings |
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 4/29/24 Six Flags Entertainment Corp. 10-K/A 12/31/23 14:1.2M Donnelley … Solutions/FA 2/29/24 Six Flags Entertainment Corp. 10-K 12/31/23 113:13M 3/07/23 Six Flags Entertainment Corp. 10-K 1/01/23 106:14M Toppan Merrill Bridge/FA 2/24/22 Six Flags Entertainment Corp. 10-K 1/02/22 108:14M Toppan Merrill Bridge/FA 2/25/21 Six Flags Entertainment Corp. 10-K 12/31/20 114:16M Toppan Merrill Bridge/FA |