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Exhibit 10.9(a)






	 	 	 	 	 
	 

	 	 	 	Maritime
one building

	 
	 	 	 	 
	AMENDMENT OF LEASE
	 	UNITED STATES OF AMERICA
	 
	 	 	 	 
	LESSORS:

	 	ELISE C. ROSENTHAL,	 	 
	 

	 	ROBERT M. ROSENTHAL,	 	 
	 

	 	RUTH ROSENTHAL SILBE	 	 
	 

	 	ISIDORE COHN, JR., M.D.,
	 	STATE OF LOUISIANA
	 

	 	IAN COHN, LAUREN COHN	 	 
	 

	 	FOUROS and MARIANNE	 	 
	 

	 	W. COHN	 	 
	 
	 	 	 	 
	LESSEE:

	 	JAZZ ENTERPRISES, INC.
	 	PARISH OF EAST BATON ROUGE






     This Amendment of Lease, effective September 1, 1993, is by and among:




ELISE C. ROSENTHAL, ROBERT M. ROSENTHAL, RUTH ROSENTHAL BELLBE, ISIDORE COHN, JR., M.D., IAN COHN,
LAUREN COHN FOUROS and  MARIANNE W. COHN (hereinafter called “LESSORS”) ; and




JAZZ
ENTERPRISES, INC., a Louisiana corporation, domioiled in the parish of East baton Rouge herein
represented by its duly authorized and empowered vice President, Mark
A, Bradley, hereunto duly authorized by resolution adopted by the Board of
Directors of such corporation, a certified copy of which is attached hereto and made a part hereof
(hereinafter called “LESSEE”).



     WHEREAS
, Cohn-cottlieb realty Company, Inc., a Louisiana corporation, the predecessor of the
LESSORS set forth above, entered, into a Lease, dated April 26, 1982, between Cohn-Gottlieb Realty
Company, Inc. as Lessor, and Catfish Town Prosperties, a Louisiana
Partnership in Commendam, as
Lessee, affecting Lots 1 and 2, Square 4-S, Beauregard Town, Parish of East Baton Rouge, Louisiana
and all improvements located thereon, which said Lease



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was
recorded on April 28, 1982 as Original 35, Bundle 9493 with the Cleark of Court and Ex-Officio
Register of Conveyances of the Parish; and




     WHEREAS,
the present owners of the leased premises and the assignees of the original lessor are
Elise C. Rosenthal, Robert M. Rosenthal, Ruth Rosenthal Bilbe, Isidore Cohn, Jr., M.D., Ian Cohn,
Lauren Cohn Fouros and Marianne W. Cohn, who acquired such premises and rights under the Lease by
that certain Conveyance of Property in Final Liquidation of
Cohn-Gottlieb Realty Company, Inc.,
passed on May 16, 1982, before Moise W. Dennery, Notary public
in Louisana; and



     WHERAS,
Jazz Enterprises, Inc. Became the tenant under the Lease by virtue of an Assignment of
Leases, dated as of September 8th, 1993 and



WHEREAS, LESSOR and LESSEE have agreed to modify the terms of the Lease as provided herein.

NOW, THEREFORE, the parties hereto hereby enter into this Amendment
of Lease to modify in part the terms and conditions of the
Lease, as follows:



     1. Paragraphs 5 (a) and 5(b) of the Lease be and are hereby amended in their entirety as
follows:




“5.
(a) Leassee shall beginning on September 1, 1993 and until
August 1, 1998, pay to
the Lessor or Lessor’s agent at Rosenthal & Associates, 500 Laurel Street, Baton Rouge,
Louisiana, or at such other place as Lessor may, from time to time, in writing designata,
the base annual rental of $61, 892.86, cash, per year, payable in advance in equal
monthly





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installments of $5, 157.74 each, commencing on September 1, 1993 and on the first day
of each month thereafter to and including July 1,
19981.”




“5. (b) There shall be a reevaluation and increase of the basic annual rent due hereunder as of
August 1 of each 5th year following August, 1, 1993 (“Base date”). The first amended
reavalution and increase of the basic annual rental due hereunder shall be as of August 1, 1998
five years after the base Date and threrafter a reevaluation and increases shall be as of August 1
of each fifth year thereafter, all as set forth on Exhibit c  attached hereto. This
reevaluation and increase shall be based on the Consumer price Index (“CPI”), which is the average
of “all terms” shown on the “U.S. City averaghe for urban wage earners and clarical workers
(including single workers) all items, group , subgoups, and special groups of items” as
promulgated by the Bureau of the Labor statistics of the United
States Department of Labor. For the
period from August 1, 1998 until August 1, 2003 and for each five-year period therafter, LEASSEE
shall pay LESSOR, in additionto the basic annual rent for the
preceding five-year period, an amount equal to the basic annual rent for the preceding five-year
period multiplied by the parcentage of increase by which the CPI for the month of May immediately preceding the
beginning of each fifth calander year exceeds the CPI for the month of May immediately preceding
the commencement date of the preceding five-year period (the “Additional Rent for the Subject
five-year Period”), provided that in no event shall the adjusted basic annual rent for a new
five-year period exceed 125% of the basic annual rent for the preceding five-year period.
Accordingly, from and after August 1, 1998, the basic annual rent due for each five-year period
shall be the sum of the basic annual rent for the prceding five-year period plus the Additional
Rent for the Subject five-year peiod. If the May CPI is not available as of the beginning of any
five-year period, LESSEE shall in good faith estimate the CPI and pay rental based on that estimate
until the CPI is available, at wich time the rental for the remainder of that five-year period
shall be permanently adjusted and any differences in amounts paid based of the estimated CPI shall
be promptly paid by LESSEE or refunded by LESSOR. No change in the CPI shall reduce the basic
annual rent for a new five-year period below the basic annual rent for the preceding





 




			
	 	 	For purpose of applying the provisions of paragraph 5(a) above, the period September 1, 1993 to August 1, 1998 shall
be considered a five-year period.





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five-year
period. In the event that the Bureau of Labor Statistics shall change
the base period (now
1982-84) and commence a new series of index numbers after this Lease
commence, then the new index number may be used provided the index number for the
month prior to the commencement date of this Lease is adjusted to reflect its true relationship
with the index numbers under the new base period. For example, if the Bureau of Labor Statistics
would have determined to change the base year and commance a new series of index numbers starting
at 100 when the consumer price index under the 1982-84 base year reaches 300, then the true
relationship between the old index numbers and the new index numbers would be that the old series must be divided by three (3) in order to be
used in the same computaion with the new index numbers.




In
the event that the CPI (or successor of substitute index) is not available, a reliable
governmental or other non-partisan publication evaluating the information theretofore used in
determining the CPI shall be used in lieu of such CPI.”



     2. Paragraph 27 of the Lease be and is hereby amended to the affect that :




	 	“a —	 	Any demand or notice which is required to be given LESSEE under this paragraph
27, must also be given to the guarantor of this Lease, as amended, and to any mortgagee of
LESSEE’S interests under the Leases, as amended, and the guarantor as well as any such
mortgagee shall also have the right to Cure any default hereunder within the same grace
period set forth in this paragraph 27. LESSOR acknowledges that as of the date of this
Amendment of Leases, Argosy Gaming Company, whose address is 219 Piasa Street, Alton,
Illinois 62002-6232 is ghe guarantor of the lease, as amended, Upon receipt of notice from Lease, that it has mortgaged its
interests under the Lease, as amended, in which the name and
mailing address (with a municipal street number) of the morgagee is set forth, LESSOR
shall be bound to give notice or make demand on such mortgagee.
	 
	 	b —	 	If the guarantor of this Lease, as amended, or a mortgagee of LESSEE’S interests hereunder
shall acquire through voluntary conveyance or




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	 	 	 	foreclosure, LESSEE’S rights hereunder, so long as there is no default hereunder, the successor in
interest of LESSEE’S rights hereunder shll be recognized by
LESSOR as the LESSEE under the Lessee,
as amended, for the remainder of the term hereof and any extension thereof, subject to the same
provisions and conditions hereof, and as such, the successor in
interest shall there upon become
entitled to all of the rights and benefits of the LESSEE hereunder, subject of course to the
obligations, liabilities, convenients and agreements of the LESSEE. Upon request, LESSOR shall
execute an instrument in appropriate recordable form to give affect to the rights of the successor
in interest hereunder, provided that the execution of such instrument shall not be a condition to the exercise of the
rights the rights of such successor in interest.”





     3.    in all other respects, the provisions of the Leases, as amended hereby, shall remain
in full force and effect.



     4.    This
amendment of Lease may be executed in two or more counterparts.



     Executed on the dates and places indicated below before the undersigned competant witneesses.



	 	 	 
	WITNESSES:
	 	 
	 
	 	 
	 

	 	Elise C. Rosenthal
	 

	 	 
	 

	 	Elise C. Rosenthal
	 

	 	Date: September 8, 1993
	Anna
Maria Febean
 


	 	Saton Rouge, Louisiana 
	 
	 	 
	 

	 	Robert M. Rosenthal
	 

	 	Date: 7 September 93
	 

	 	Saton Rouge, Louisiana






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