together shall constitute but one and the same instrument; signature pages may
be detached from multiple separate counterparts and attached to a single
counterpart so that all signature pages are physically attached to the same
document.
THIS AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER
AND ALL CLAIMS AND CONTROVERSIES ARISING OUT OF THE SUBJECT MATTER HEREOF
WHETHER SOUNDING IN CONTRACT LAW, TORT LAW OR OTHERWISE SHALL BE GOVERNED BY,
AND SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF
MICHIGAN, WITHOUT REGARD TO CONFLICTS OF LAW PROVISIONS THAT WOULD RESULT IN THE
APPLICATION OF ANY OTHER LAW (OTHER THAN ANY MANDATORY PROVISIONS OF THE UCC
RELATING TO THE LAW GOVERNING PERFECTION AND THE EFFECT OF PERFECTION OF THE
SECURITY INTEREST).
THE PROVISIONS OF THE INTERCREDITOR AGREEMENT UNDER THE HEADING
"SUBMISSION TO JURISDICTION; WAIVERS" ARE INCORPORATED HEREIN BY THIS REFERENCE
AND SUCH INCORPORATION SHALL SURVIVE ANY TERMINATION OF THE INTERCREDITOR
AGREEMENT.
33
IN WITNESS WHEREOF, each Grantor and the Bank have caused this
Agreement to be duly executed and delivered by their respective officers
thereunto duly authorized as of the date first written above.
GREEKTOWN SUPERHOLDINGS, INC.,
as Grantor
By:
/s/ Clifford J. Vallier
Name:
Title:
GREEKTOWN HOLDINGS, L.L.C.,
as Grantor
By:
/s/ Clifford J. Vallier
Name:
Title:
GREEKTOWN CASINO, L.L.C.,
as Grantor
By:
/s/ Clifford J. Vallier
Name:
Title:
CONTRACT BUILDERS CORPORATION,
as Grantor
By:
/s/ Clifford J. Vallier
Name:
Title:
REALTY EQUITY COMPANY INC.,
as Grantor
By:
/s/ Clifford J. Vallier
Name:
Title:
34
GREEKTOWN NEWCO SUB, INC.,
By:
/s/ Clifford J. Vallier
Name:
Title:
COMERICA BANK
By:
/s/ Michael S. Wooder
Title:
35
EXHIBIT A
TO PLEDGE AND SECURITY AGREEMENT
PLEDGE SUPPLEMENT
This PLEDGE SUPPLEMENT, dated [_____], 2010, is delivered by
[_________], a [______] [________], (the "Grantor") pursuant to the Pledge and
Security Agreement, dated as of June 30, 2010 (as it may be from time to time
amended, restated, modified or supplemented, the "Security Agreement"), among
Greektown Superholdings, Inc., the other Grantors named therein, and Comerica
Bank. Capitalized terms used herein not otherwise defined herein shall have the
meanings ascribed thereto in the Security Agreement.
Grantor hereby confirms the grant to the Bank set forth in the
Security Agreement of, and does hereby grant to the Bank, a security interest in
all of Grantor's right, title and interest in, to and under all Collateral to
secure the Secured Obligations, in each case whether now or hereafter existing
or in which Grantor now has or hereafter acquires an interest and wherever the
same may be located. Grantor represents and warrants that the attached
Supplements to Schedules accurately and completely set forth all additional
information required to be provided pursuant to the Security Agreement and
hereby agrees that such Supplements to Schedules shall constitute part of the
Schedules to the Security Agreement.
THIS PLEDGE SUPPLEMENT AND THE RIGHTS AND OBLIGATIONS OF THE
PARTIES HEREUNDER AND ALL CLAIMS AND CONTROVERSIES ARISING OUT