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Mississippi Gaming Commission Meeting Minutes: September 20, 2018

COMMISSION MEETING: September 20, 2018

The Mississippi Gaming Commission held its regular monthly meeting on Thursday, September 20, 2018, at 9:00 a.m. at the Jackson offices of the Mississippi Gaming Commission. Executive Director Allen Godfrey, Chairman Al Hopkins and Commissioners Jerry Griffith and Tom Gresham were in attendance. The following matters were considered:

LICENSING

  • United Tote Company as a Manufacturer and Distributor

  • Konami Gaming, Inc. as a Manufacturer and Distributor and as a Multi-Site Wide Area Progressive Operator

  • Everi Payments Inc. as a Manufacturer and Distributor

  • Everi Games Inc. as a Manufacturer and Distributor

  • Casino Vicksburg, LLC d/b/a WaterView Casino & Hotel as an Operator

FINDINGS OF SUITABILITY

The Mississippi Gaming Commission approved findings of suitability for the following persons:

  • Benjamin C. Murr, Director of United Tote Company

  • Nathaniel J. Simon, President of United Tote Company

  • Youbet.com, LLC as a holding company of United Tote Company

  • Churchill Downs Incorporated as a publicly traded Company of United Tote Company

  • Julie M. Cameron-Doe, Chief Financial Officer of Aristocrat Leisure Limited

  • Gina S. Garner-Ball, Chief Financial Officer of PDS Gaming

  • James A. Dungan, Chief Executive Officer of PDS Gaming

  • Ian C. Bradley, Chief Product Officer SBTech Malta Limited

  • James C. Bertschler, Jr., Landlord to SW Gaming LLC d/b/a Harlow’s Casino Resort & Spa

  • Stephen R. Jernigan, Landlord to SW Gaming LLC d/b/a Harlow’s Casino Resort & Spa

OTHER APPROVALS

The Mississippi Gaming Commission approved the following:

  • B&D Holding S.p.A. – IGT was granted approval for the transfer of Equity Interests or Securities.

  • Konami Gaming, Inc.

    • Continuous Approval of Public Offerings and/or Private Placements;

    • Pledges of Equity Interests or Securities;

    • Imposition of Equity Restrictions including Negative Equity Pledges; and

    • Guarantee of Securities and Hypothecation of Assets

  • Everi Payments Inc. and Everi Games Inc.

    • Continuous Approval of Public Offerings and/or Private Placements;

    • Pledges of Equity Interests or Securities;

    • Imposition of Equity Restrictions Including Negative Equity Pledges; and

    • Guarantee of Securities and Hypothecation of Assets

NOTICE OF PROPOSED RULE ADOPTION

The Commission approved publication of notice of proposed rule adoption and receipt of public comment for the next 25 days:

Mississippi Administrative Code Pt. 2, R. 1.2

© 2018 Jones Walker LLP

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About this Author

Thomas Shepherd, Gaming Attorney, IAGA President, 2014, Jones Walker Law FIrm
Partner

Tommy Shepherd is a partner in the firm’s Business and Commercial Transactions Practice Group. As an accomplished gaming attorney, he served as President of the International Association of Gaming Advisors (IAGA) in 2014.

Tommy represents major casino companies, Native American tribes, manufacturers, suppliers, and financial institutions regarding all matters relating to the development, financing, licensing and operation of gaming and resort facilities. His extensive experience in such matters includes public-private leases, financings, land use approvals, statutory and regulatory...

601.949.4711
Chris Pace, Business, Commercial Transactions Attorney, Jones Walker Law FIrm
Partner

Chris Pace is an attorney in the firm's Business & Commercial Transactions Practice Group and practices from the firm's Jackson office. He concentrates his practice in the areas of project finance and economic development law, state and local government law, economic development incentives and gaming law.

His clients include both county and municipal governmental bodies, as well as new and expanding business concerns such as a large steel company investing over $1 billion in a new facility, and a new regional beverage supplier investing millions of dollars to expand its existing operations. Mr. Pace has negotiated and documented various economic incentives including property, sales, use, income, and franchise tax incentives, and other incentives related to tax exempt and taxable bond financing. In the course of his work, he has assisted clients in negotiating and implementing incentives with the Mississippi Development Authority, the Mississippi Department of Revenue, and other state and local governmental entities. Mr. Pace has also negotiated and implemented economic incentives with numerous county and city governments, including the implementation of complex fee-in-lieu of property tax agreements which are available only for projects involving investments of $100 million or more.

601.949.4839