of Lender. Lender hereby represents and warrants to the Company that:
of Lender. All funds deposited in such Blocked Account shall immediately become subject to the rights of Lender and Borrower shall obtain the agreement by such bank to waive any offset rights against the funds so deposited. Lender assumes no responsibility for any Blocked Account arrangement, including without limitation, any claim of accord and satisfaction or release with respect to deposits accepted by any bank thereunder. Alternatively, Lender may establish depository accounts ("Depository Accounts") in the name of Lender at a bank or banks for the deposit of such funds and Borrower shall deposit all proceeds of Collateral or cause same to be deposited, in kind, in such Depository Accounts of Lender in lieu of depositing same to the Blocked Accounts.
of Lender. All funds deposited in a Blocked Account shall immediately become the sole property of Lender and Borrower shall obtain the agreement by such bank to waive any offset rights against the funds so deposited. Lender assumes no responsibility for any Blocked Account arrangement, including without limitation, any claim of accord and satisfaction or release with respect to deposits accepted by any bank thereunder. Alternatively, Lender may establish depository accounts in the name: of Lender at a bank or banks for the deposit of such funds (each, a "Dominion Account") and Borrower shall deposit all proceeds of Receivables and all cash proceeds of any sale of Inventory or, to the extent permitted herein, Equipment or cause same to be deposited, in kind, in such Dominion Accounts of Lender in lieu of depositing same to Blocked Accounts.
of Lender. This Consent of Lender is delivered with reference to the Loan Agreement (the "Loan Agreement") dated as of June 29, 1999 among Anchor Gaming, a Nevada corporation (the "Borrower"), the Lenders party thereto, Bank of America, N.A. (formerly known as Bank of America National Trust and Savings Association) (the "Agent"), as Administrative Agent for the Lenders, and Banc of America Securities, LLC, as Lead Arranger and Sole Book Manager. Capitalized terms used but not defined herein are used with the meanings set forth for those terms in the Loan Agreement. The undersigned Lender hereby consents to the execution, delivery and performance of the proposed Amendment No. 1 to Loan Agreement, substantially in the form provided to the undersigned as a draft, and without limitation on the foregoing, specifically to Borrower and the other Anchor Equities (as defined therein) entering into the Anchor Guaranty, the Reimbursement Agreement and the Anchor Subordination Agreement as each is defined therein and set forth therein. PNC BANK NATIONAL ASSOCIATION ----------------------------------------- [Name of Lender] By: /s/ XXXX X. XXXXXXX -------------------------------------- Xxxx X. Vessels Vice President ----------------------------------------- [Printed Name and Title] By: -------------------------------------- ----------------------------------------- [Printed Name and Title] Date: ---------------------------------- [Exhibit A to Amendment No. 1]
of Lender. This Agreement is made with Lender in reliance upon Lender's representations and warranties to the Company, which by Lender's execution of this Agreement Lender hereby confirms that:
of Lender. All funds deposited in a Blocked Account shall immediately become the sole property of Lender and Borrower shall obtain the agreement by such bank to waive any offset rights against the funds so deposited. Lender assumes no responsibility for any Blocked Account arrangement, including without limitation, any claim of accord and satisfaction or release with respect to deposits accepted by any bank thereunder. Alternatively, Lender may establish depository accounts in the name of Lender at a bank or banks for the deposit of such funds (each, a "Dominion Account") and Borrower shall deposit all proceeds of Receivables and all cash proceeds of any sale of Inventory or, to the extent permitted herein, Equipment or cause same to be deposited, in kind, in such Dominion Accounts of Lender in lieu of depositing same to Blocked Accounts. In addition to the foregoing, during any period for which Borrower is permitted to obtain advances under the Revolving Loans Facility which advances are made against the Eligible Receivables of Parent, HHC, or CASI, each such entity shall establish a Blocked Account or Dominion Account, which account shall satisfy the requirements of this Section 7.3 as if such Person were Borrower hereunder, and into which all proceeds of Receivables and all cash proceeds of any sale of Inventory shall be deposited, in the same manner as Borrower is required to make deposits to the Blocked Account or the Dominion Account as set forth herein.
of Lender. This Consent of Lender is delivered with reference to (a) the Revolving Loan Agreement (the "Revolving Loan Agreement") dated August 22, 2001 and (b) the Term Loan Agreement dated August 22, 2001 (the "Term Loan Agreement" and together with the Revolving Loan Agreement and the Term Loan Agreement, the "Loan Agreements"), in each case among Mandalay Resort Group, a Nevada corporation ("Borrower"), the Lenders therein named and Bank of America, N.A., as Administrative Agent. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Loan Agreements. The undersigned Lender hereby consents to the execution, delivery and performance of the proposed Second Amendment Agreement in respect of each of the Loan Agreements to which it is a party by the Administrative Agent on behalf of the Lenders, substantially in the form presented to the undersigned as drafts. Deutsche Bank [Name of Institution] By: /s/ XXXXXXX X. XXXXXX Xxxxxxx X. Xxxxxx, Director [Printed\Typed Name and Title] 8 CONSENT OF LENDER This Consent of Lender is delivered with reference to (a) the Revolving Loan Agreement (the "Revolving Loan Agreement") dated August 22, 2001 and (b) the Term Loan Agreement dated August 22, 2001 (the "Term Loan Agreement" and together with the Revolving Loan Agreement and the Term Loan Agreement, the "Loan Agreements"), in each case among Mandalay Resort Group, a Nevada corporation ("Borrower"), the Lenders therein named and Bank of America, N.A., as Administrative Agent. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Loan Agreements. The undersigned Lender hereby consents to the execution, delivery and performance of the proposed Second Amendment Agreement in respect of each of the Loan Agreements to which it is a party by the Administrative Agent on behalf of the Lenders, substantially in the form presented to the undersigned as drafts. Societe Generale [Name of Institution] By: /s/ XXXXXX X. XXXXX Xxxxxx X. Xxxxx, Vice President [Printed\Typed Name and Title]
of Lender. The Borrower may prepay the Advance in whole or in part on any Interest Payment Date in minimum amounts of US$5,000,000 and thereabove in integral multiples of US$5,000,000 upon one month's prior written notice to the Lender without premium or penalty.
of Lender. This Consent of Lender is delivered with reference to the Loan Agreement dated as of March 23, 1998, by and among Hard Rock Hotel, Inc., a Nevada corporation, the Lenders named therein, and Bank of America National Trust and Savings Association, as Administrative Agent (as amended, the "Loan Agreement"). Capitalized terms used but not defined herein are used with the meanings set forth for those terms in the Loan Agreement. The undersigned Lender hereby consents to the execution, delivery and performance of the proposed Amendment No. 2 to Loan Agreement by the Administrative Agent on behalf of the Lenders, substantially in the form presented to the undersigned as a draft. --------------------------------- [Typed/Printed Name of Lender] By: ----------------------------- Title: -------------------------- Date: --------------------------- This Consent is delivered with reference to the Loan Agreement dated as of March 23, 1998, by and among Hard Rock Hotel, Inc., a Nevada corporation, the Lenders named therein, and Bank of America National Trust and Savings Association, as Administrative Agent (as amended, the "Loan Agreement"). Capitalized terms used but not defined herein are used with the meanings set forth for those terms in the Loan Agreement. The undersigned hereby consents to the execution, delivery and performance of the foregoing Amendment No. 2 to Loan Agreement, and agrees to take any and all actions necessary or reasonably requested to cause the Borrower to remain in compliance with the terms thereof. ------------------------------- Xxxxx X. Xxxxxx, an individual
of Lender. Reference is hereby made to the Third Amendment to Amended and Restated Credit Agreement (the “Amendment”) dated as of June 17, 2004 by and between Isle of Capri Casinos, Inc. a Delaware corporation (“Company”), Canadian Imperial Bank of Commerce, as administrative agent for the Lenders (“Administrative Agent”), which is made with reference to that certain Third Amended and Restated Credit Agreement dated as of April 26, 2002 (the “Credit Agreement”), by and among Company, the financial institutions listed therein as Lenders, the Co-Syndication Agents listed therein, the Co-Documentation Agents listed therein, CIBC World Markets Corp., as Lead Arranger, and the Administrative Agent. The undersigned Lender hereby consents to the execution and delivery of the Amendment by Administrative Agent on its behalf, substantially in the form of the draft presented to the undersigned Lender on June 16, 2004. Dated: June 17, 2004 [Name of Institution] By:/s/ Authorized Signatory Name: Title:
