To request financial statement information through a secure data room, please accept the certification/confidentiality agreement below, then fill out the form that follows and submit.
CERTIFICATION OF QUALIFIED STATUS TO RECEIVE FINANCIAL INFORMATION AND AGREEMENT ON CONFIDENTIALITY
Capitalized terms used herein have the meaning ascribed to them in the Indenture dated as of December 1, 2011, among The Majestic Star Casino, LLC, an Indiana limited liability company (the "Issuer"), Majestic Holdco, LLC, a Delaware limited liability company ("Parent"), the Subsidiary Guarantors (as defined in the Indenture) and Wilmington Trust National Association, as Trustee and Collateral Agent.
If I cannot make the certifications required below, I understand that I am not entitled to receive certain financial information of the Issuer, Parent and Subsidiary Guarantors and will not continue the process to access such financial information.
I CERTIFY to the Issuer (or to the Trustee, as applicable) that I have read the Indenture and that I am:
(1) a Holder of the Notes;
(2) a beneficial owner of the Notes;
(3) a prospective investor in the Notes and a Qualified Institutional Buyer (as defined in the Securities Act) or a non-U.S. Person (as defined in Regulation S under the Securities Act);
(4) a market maker or intends to be a market maker with respect to the Notes; or
(5) a securities analyst.
I FURTHER CERTIFY that I will not:
(1) use the financial information in violation of applicable securities laws or regulations;
(2) communicate the financial information to any person; and
(3) use the financial information in any manner intended to compete with the
business of the Issuer and I am not a Person (which includes such Person’s Affiliates) that (x) is principally engaged in a business substantially similar to the business of the Issuer or (y) derives a significant portion of its revenues from operating, owning a business substantially similar to the business of the Issuer.
The financial information you’re seeking to access is confidential. As a condition to receiving access to this financial information, you agree to treat all information which is contained therein as confidential, unless and until such information has been made generally available to the public or unless the Company agrees in writing to remove this restriction. The financial information may not, in whole or part, be reproduced or distributed to others. Nothing herein shall limit or impair your right to disclose information, if legally required to do so, in any judicial, administrative or governmental proceeding, subject to your prior notification of the Issuer. You understand that by accessing the financial information that you are receiving material, non-public, financial information about the Issuer and the Issuer has no responsibility to make such information public. I accept
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