DEFINITIONS; LESSEE LIABILITY. For all purposes hereof, the capitalized terms used herein and not otherwise defined shall have the meanings assigned thereto in Appendix 1 to that certain Participation Agreement (Electric Lightwave, Inc. Trust No. 1995-A) dated as of April 28, 1995, among Lessee, Lessor, the Certificate Purchasers and Lenders identified therein, Administrative Agent, Information Agent and Guarantor (the "Participation Agreement"). All obligations imposed on the "Lessee" in this ------------------------ ------ Lease shall be the full recourse liability of Lessee.
DEFINITIONS; LESSEE LIABILITY. This Lease is an amendment and restatement of an existing Lease and Agreement dated as of July 24, 1996 (the "Original Lease") and the existing Lease Supplements under such Lease and Agreement relating to the Sites identified on Schedule I hereof, which Lease Supplements shall continue to be in full force and effect hereunder. For all purposes hereof, the capitalized terms used herein and not otherwise defined shall have the meanings assigned thereto in Appendix 1 to that certain Amended and Restated Participation Agreement dated as of October 7, 1996, by and among Lessee, Lessor, the Lenders identified therein, and Mellon Bank, N.A., as Agent (the "Participation Agreement"). All obligations imposed on the "Lessee" in this Lease shall be the full recourse liability of Lessee and no obligation or liability of Lessee hereunder or under any other Operative Document shall be limited by reason of any provision of any Ground Lease restricting the liability of "Landlord" thereunder. This Lease refunds, refinances and replaces that certain Acquisition Credit Agreement, dated as of September 29, 1995, as amended, among Genesis Health Ventures, Inc. ("Genesis"), certain of its subsidiaries, Mellon Bank, N.A., ("Mellon") as Agent, Citibank, N.A. ("Citibank") as Co-Agent and the lenders named therein, which agreement supplemented that certain Amended and Restated Credit Agreement, dated as of September 29, 1995, as amended, among Genesis, certain of its subsidiaries, Mellon as Issuer of Letters of Credit, Mellon as agent and Citibank as co-Agent, which agreement refunded, refinanced and replaced that certain Credit Agreement, dated as of November 22, 1993, among Genesis, certain of its subsidiaries, Mellon as agent and the lenders named therein. The obligations hereunder are secured and superior in right of payment to the obligations under those certain Debentures issued pursuant to the 1993 Indenture (as hereinafter defined). This Lease (including all amendments and supplements hereto including, without limitation, any amendments Lease Agreement which may increase the amount of this facility) is a "Credit Facility" within the meaning of that certain Indenture, dated as of June 15, 1995, between Genesis and Delaware Trust Company as Trustee (the "1995 Indenture") and constitutes "Senior Indebtedness" within the meaning of that certain Indenture, dated as of November 30, 1993, between Genesis and First Fidelity Bank, N.A., Pennsylvania as Trustee (the "1993 Indenture")...
DEFINITIONS; LESSEE LIABILITY. For all purposes hereof, the capitalized terms used herein and not otherwise defined shall have the meanings assigned thereto in Appendix 1 to that certain Participation Agreement dated as of March 27, 1998, among Lessee, Lessor, Administrative Agent and Lenders identified therein (the "Participation Agreement"). All obligations imposed on the Lessee in this Lease shall be the full recourse liability of the Lessee.
DEFINITIONS; LESSEE LIABILITY. For all purposes hereof, the capitalized terms used herein and not otherwise defined shall have the meanings assigned thereto in Appendix 1 to that certain Amended and Restated Participation Agreement dated as of March 19, 2004, among Lessee, Lessor, Administrative Agent and Lenders identified therein (the "PARTICIPATION AGREEMENT"). From and after the date hereof, all references in the Operative Documents to the "Lease" shall be deemed to refer to this Amended and Restated Lease. All obligations imposed on the Lessee in this Lease shall be the full recourse liability of the Lessee.
DEFINITIONS; LESSEE LIABILITY. For all purposes hereof, capitalized terms used herein and not otherwise defined shall have the meanings assigned thereto in Appendix 1 to that certain Participation Agreement, dated as of March 31, 2000 (as amended, restated, supplemented, or otherwise modified from time to time, the "Participation Agreement"), among Lessee; Lessor, as Trustee and Lessor; the Lenders identified therein; First Security Trust Company of Nevada, as Administrative Agent; and Bank of America, National Association, as Arranger and Documentation Agent. Except as set forth in Section 16.8 below, all obligations imposed on the "Lessee" in this Lease shall be the full recourse liability of Lessee.
DEFINITIONS; LESSEE LIABILITY. For all purposes hereof, the capitalized terms used herein and not otherwise defined shall have the meanings assigned thereto in Appendix 1 to that certain Participation Agreement (FlashVision/SanDisk Tranche) dated as of December 27, 2000, among Lessee, Lessor, the Participants party thereto from time to time and ABN AMRO BANK N.V., not in its individual capacity but solely in its capacity as Agent for the Participants ("Agent") (the "Participation Agreement"). All obligations imposed on Lessee in this Lease shall be the full recourse liability of Lessee.
DEFINITIONS; LESSEE LIABILITY. For all purposes hereof, the capitalized terms used herein and not otherwise defined shall have the meanings assigned thereto in Appendix 1 to that certain Participation Agreement, dated as of September 29, 1997 (the "Participation Agreement"), among Grand Casinos, Inc. a Minnesota corporation, and certain of its subsidiaries, as Guarantors; the Lessees; Lessor; the Lenders, Co-Agents and Lead Manager identified therein; and BA Leasing & Capital Corporation, as Arranger and Administrative Agent. A true copy of such Appendix 1 is attached hereto and incorporated herein. All obligations imposed on each "Lessee" in this Master Lease, and any Lease Supplement to which such Lessee is party, shall be the full recourse liability of such Lessee.
DEFINITIONS; LESSEE LIABILITY. For all purposes hereof, the capitalized terms used herein and not otherwise defined shall have the meanings assigned thereto in Appendix 1 to that certain Participation Agreement, dated as of May 28, 1999 (as amended, supplemented, or otherwise modified from time to time, the "Participation Agreement"), among Stratosphere Corporation, a Delaware corporation; Lessee; Lessor; Lenders; and Agent. All obligations imposed on Lessee in this Lease shall be the full recourse liabilities of Lessee. ARTICLE II
DEFINITIONS; LESSEE LIABILITY. For all purposes hereof, the capitalized terms used herein and not otherwise defined shall have the meanings assigned thereto in Appendix 1 to that certain Amended and Restated Participation Agreement dated as of even date herewith, among Lessee, Guarantor, Lessor, Agent, and the Participants identified therein (the "Participation Agreement"). Except as specially provided for at Section 18.5 hereof, all obligations imposed on the "Lessee" in this Lease shall be the full recourse liability of Lessee. Upon the effective date of the Participation Agreement, this Lease will amend and completely restate and supersede the Original Master Lease.
DEFINITIONS; LESSEE LIABILITY. For all purposes hereof, the capitalized terms used herein and not otherwise defined shall have the meanings assigned thereto in Appendix 1 to that certain Participation Agreement, dated as of the date hereof (the "PARTICIPATION AGREEMENT"), among Lessee; Lessor; and the Holders identified therein. All obligations imposed on the "LESSEE" in this Lease shall be the full recourse liability of Lessee irrespective of the performance by Sublessee of its obligations to Lessee under the Sublease.
