Contracts Entered Sample Clauses

Contracts Entered into after the Closing Date. The Company may from time to time enter into Contracts constituting Construction Documents consistent with the Plans and the Construction Disbursement Budget, as each is in effect from time to time. Each such Contract shall be in writing and, if a Material Construction Document, shall become effective when and only when: (i) the Company and the Contractor have executed and delivered the Contract (with the effectiveness thereof subject only to satisfaction of the conditions in this Section); (ii) the Company has submitted to the Disbursement Agent an Officer's Certificate in the form of Exhibit J-1 attached hereto, together with all exhibits, schedules and documents required thereunder; (iii) if entering into such Contract will result in an amendment to the Construction Disbursement Budget, the Company has complied with the requirements of Section 12.1; (iv) if entering into such Contract will cause the Available Funds to be less than the amount required to cause the Project to become Operating on or before the Operating Deadline, the Company, treating such difference as a cost overrun, has complied with the requirements of Section 12.4; and (v) the Company has delivered a Consent to Collateral Assignment from the Contractor in the form of Exhibit K attached hereto. The proposed additional Construction Contract Amendment Certificate shall become effective upon the execution and delivery by the Independent Construction Consultant to the Disbursement Agent of an Officer's Certificate in the form of Exhibit J-2 attached hereto. Notwithstanding the foregoing or anything else to the contrary in this Agreement, the Company shall not have the right to enter into any Construction Contract without the prior written consent of the Trustee and Hyatt Gaming, which consent may be withheld in their sole and absolute discretion, if such additional Construction Contract would require funds in excess of the Available Funds at any time.