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FIRST AMENDMENT TO THE
SECOND AMENDMENT AND RESTATEMENT OF THE
PINNACLE ENTERTAINMENT, INC.
EXECUTIVE DEFERRED COMPENSATION PLAN
THIS FIRST AMENDMENT TO THE SECOND AMENDMENT AND
RESTATEMENT OF THE PINNACLE ENTERTAINMENT, INC. EXECUTIVE DEFERRED
COMPENSATION PLAN is adopted as of the 24 th day of December, 2008, by Pinnacle
Entertainment, Inc., a Delaware corporation
(“Pinnacle”), with reference to the following
facts:
A. Pinnacle has established the Pinnacle
Entertainment, Inc. Executive Deferred Compensation Plan, most
recently embodied by the Second Amendment and Restatement of the
Pinnacle Entertainment, Inc. Executive Deferred Compensation Plan
Effective December 30, 2007 (the “Plan”), to
provide additional retirement benefits and income deferral
opportunities for a select group of management and highly
compensated employees;
B. By Section 11.2 of the Plan,
Pinnacle has reserved the right to amend the Plan, provided that no
amendment shall decrease or restrict the balance of a
Participant’s Combined Account or any component
thereof;
C. Pinnacle wishes to amend the Plan to
permit a Participant to elect, during 2008, that all or any portion
of his Annuity Account (as well as all or any portion of his
Deferral Contribution Account) shall be distributed on an Interim
Distribution Date of January 15, 2009 or January 15 of
any later year, and has determined that such amendment does not
decrease or restrict the balance of a Participant’s Combined
Account or any component thereof.
NOW, THEREFORE, Pinnacle hereby adopts this First Amendment to
the Second Amendment and Restatement of the Pinnacle Entertainment,
Inc. Executive Deferred Compensation Plan, effective as of
December 24, 2008, as follows:
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