Exhibit 4.9B
ACKNOWLEDGMENT
The undersigned hereby acknowledges that (a) it has received a copy
of the foregoing Intercreditor Agreement, dated as of April 16, 2004 (the
"INTERCREDITOR AGREEMENT"; undefined capitalized terms used in this
Acknowledgment have the meanings assigned to them in the Intercreditor
Agreement), by and among U.S. Bank National Association, as Trustee and Secured
Party, and ▇▇▇▇▇ Fargo Foothill, Inc., as Credit Facility Lender (as defined
below), and consents thereto, and agrees to recognize all rights granted thereby
to the Parties, and will not do any act or perform any obligation that is not in
accordance with the agreements set forth in such Intercreditor Agreement; and
(b) it is not an intended beneficiary or third party beneficiary under the
Intercreditor Agreement.
Dated June 16, 2004.
PENINSULA GAMING, LLC, as an Issuer
By: /s/ ▇. ▇▇▇▇▇ ▇▇▇▇▇▇▇
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Name: ▇. ▇▇▇▇▇ ▇▇▇▇▇▇▇
Title: Chief Executive Officer