Common use of Gaming Redemption Clause in Contracts

Gaming Redemption. Notwithstanding any other provision of the Indenture, if any Gaming Authority requires that a Holder or Beneficial Owner of Notes must be licensed, qualified or found suitable under any applicable Gaming Law and such Holder or Beneficial Owner (i) fails to apply for a license, qualification or a finding of suitability within 30 days after being required to do so (or such lesser period as required by the Gaming Authority) by the Gaming Authority or by the Company pursuant to an order of the Gaming Authority, or (ii) if such Holder or Beneficial Owner is not so licensed, qualified or found suitable, the Company will have the right, at its option: (A) to require such Holder or Beneficial Owner to dispose of such Holder’s or Beneficial Owner’s Notes within 30 days of receipt of such notice or such finding by the applicable Gaming Authority or such earlier date as may be ordered by such Gaming Authority; or (B) to redeem the Notes of such Holder or Beneficial Owner at a redemption price equal to the lesser of (x) the principal amount thereof, and (y) the price at which such Holder or Beneficial Owner acquired the new Notes, together with, in either case, accrued and unpaid interest, if any, to the earlier of the date of redemption or the date of the finding of unsuitability, if any, by such Gaming Authority, which may be less than 30 days following the notice of redemption, if so ordered by such Gaming Authority. The Company shall notify the Trustee in writing of any such redemption as soon as practicable. The Holder or Beneficial Owner of Notes applying for a license, qualification or a finding of suitability is obligated to pay all costs of the licensure or investigation for such qualification or finding of suitability.

Appears in 3 contracts

Samples: Indenture (Isle of Capri Casinos Inc), Indenture (Isle of Capri Casinos Inc), Indenture (Isle of Capri Casinos Inc)

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Gaming Redemption. Notwithstanding any other provision the provisions of the Indenturesubparagraph (a) of paragraph 5 above, if any Gaming Authority requires that a Holder or Beneficial Owner beneficial owner of Notes notes must be licensed, qualified or found suitable under any applicable Gaming Law gaming law and such Holder or Beneficial Owner (i) beneficial owner fails to apply for a license, qualification or a finding of suitability within 30 days after being required requested to do so by such Gaming Authority (or such lesser period as that may be required by the such Gaming Authority) by the Gaming Authority or by the Company pursuant to an order of the Gaming Authority), or (ii) if such Holder or Beneficial Owner such beneficial owner is notified by such Gaming Authority that such Holder or beneficial owner shall not be so licensed, qualified or found suitable, the Company will have the right, at its option: (Ai) to require such Holder or Beneficial Owner beneficial owner to dispose of such Holder’s 's or Beneficial Owner’s beneficial owner's Notes within 30 days of receipt of such notice or such finding by the applicable Gaming Authority (or such earlier date as may be ordered by such Gaming Authority) of (x) the termination of the period described above for such Holder or beneficial owner to apply for a license, qualification or finding of suitability, or (y) receipt of the notice from such Gaming Authority that such holder or beneficial owner shall not be licensed, qualified or found suitable by such Gaming Authority; or (Bii) to redeem the Notes of such Holder or Beneficial Owner holder of beneficial owner at a redemption price equal to the lesser of (x) the principal amount thereof, and (y) thereof or the price at which such Holder holder or Beneficial Owner beneficial owner acquired the new Notessuch notes, together with, in either case, accrued and unpaid interest, if any, interest thereon to the earlier of the date of redemption or such earlier date as may be required by such Gaming Authority or the date of the finding of unsuitability, if any, unsuitability by such Gaming Authority, which may be less than 30 days following the notice of redemption, if so ordered by such Gaming Authority. The Company shall notify the Trustee in writing of any such redemption as soon as practicable. The Holder or Beneficial Owner of Notes applying for a license, qualification or a finding of suitability is obligated to pay all costs of the licensure or investigation for such qualification or finding of suitability.

Appears in 3 contracts

Samples: Pledge Agreement (Windsor Woodmont Black Hawk Resort Corp), Windsor Woodmont Black Hawk Resort Corp, Windsor Woodmont Black Hawk Resort Corp

Gaming Redemption. (a) Notwithstanding any other provision provisions of the Indenturethis Article 3, if any Gaming Authority requires that in which the Partnership, either of its partners or any of their respective Affiliates as of the date of this Indenture conducts or, in the future conducts, directly or indirectly through a subsidiary or joint venture, gaming notifies a Holder or Beneficial Owner beneficial owner of the Notes that the Holder or beneficial owner must be licensed, qualified or found suitable under any applicable gaming law and the Holder or beneficial owner does not apply for that license, qualification or finding of suitability within 30 days after being requested to do so by such Gaming Law and Authority (or such lesser period that may be required by such Gaming Authority) or if such Holder or Beneficial Owner beneficial owner will not be so licensed, qualified or found suitable under applicable gaming law, the Issuers have the right, at their option, (i) fails to require such Holder or beneficial owner to dispose of such Holder’s or beneficial owner’s Notes within 30 days (or such earlier date as may be required by the applicable Gaming Authority), of (A) the termination of the 30-day period or any shorter period as may be required by a Gaming Authority, in each case as described above, for the Holder or beneficial owner to apply for a license, qualification or a finding of suitability within 30 days after being required to do so or (or such lesser period as required by B) the Gaming Authority) by receipt of notice from the Gaming Authority or by that the Company pursuant to an order of the Gaming Authority, or (ii) if such Holder or Beneficial Owner is beneficial owner will not so be licensed, qualified or found suitable, the Company will have the right, at its option: suitable or (Aii) to require such Holder or Beneficial Owner to dispose call for redemption of such Holder’s or Beneficial Owner’s Notes within 30 days of receipt of such notice or such finding by the applicable Gaming Authority or such earlier date as may be ordered by such Gaming Authority; or (B) to redeem the Notes of such Holder or Beneficial Owner beneficial owner at a redemption price equal to (A) the lesser of (x1) 100% of the principal amount thereof, and (y2) the price at which such Holder or Beneficial Owner beneficial owner acquired the new Notes and (3) the fair market value of the Notes, together with, in either each case, accrued and unpaid interestinterest and Liquidated Damages, if any, thereon to the earlier of the date of redemption or such earlier date as may be required by the Gaming Authority or the date of the finding of unsuitability, if any, that such Holder will not be licensed or qualified or found suitable by such Gaming Authority, which may be less than 30 days following the notice of redemption, if so ordered by such Gaming Authority or (B) such other redemption price as shall be ordered by the Gaming Authority. The Company shall notify the Trustee in writing of any such redemption as soon as practicable. The Holder or Beneficial Owner of Notes applying for a license, qualification or a finding of suitability is obligated to pay all costs of the licensure or investigation for such qualification or finding of suitability.

Appears in 1 contract

Samples: Eldorado Resorts LLC

Gaming Redemption. Notwithstanding any other provision of the this Indenture, if any Gaming Authority requires that a Holder or Beneficial Owner beneficial owner of Notes must be licensed, qualified or found suitable under any applicable Gaming Law gaming law and such Holder or Beneficial Owner (i) beneficial owner fails to apply for a license, qualification or a finding of suitability within 30 days after being required requested to do so by such Gaming Authority (or such lesser period as that may be required by the such Gaming Authority) by the Gaming Authority or by the Company pursuant to an order of the Gaming Authority), or (ii) if such Holder or Beneficial Owner such beneficial owner is notified by such Gaming Authority that such Holder or beneficial owner shall not be so licensed, qualified or found suitable, the Company will shall have the right, at its option: , (Ai) to require such Holder or Beneficial Owner beneficial owner to dispose of such Holder’s 's or Beneficial Owner’s beneficial owner's Notes within 30 days of receipt of such notice (or such finding by the applicable Gaming Authority or such earlier date lesser period as may be ordered required by such Gaming Authority; ) of (a) the termination of the period described above for such Holder or beneficial owner to apply for a license, qualification or finding or suitability or (Bb) receipt of the notice from such Gaming Authority that such Holder or beneficial owner shall not be licensed, qualified or found suitable by such Gaming Authority or (ii) to redeem the Notes of such Holder or Beneficial Owner beneficial owner at a redemption price equal to the lesser of (x) the principal amount thereof, and (y) thereof or the price at which such Holder or Beneficial Owner beneficial owner acquired the new such Notes, together with, in either case, accrued and unpaid interestInterest and Liquidated Damages, if any, thereon to the earlier of the date of redemption or such earlier date as may be required by such Gaming Authority or the date of the finding of unsuitability, if any, unsuitability by such Gaming Authority, which may be less than 30 days following the notice of redemption, if so ordered by such Gaming Authority. Immediately upon a determination by a Gaming Authority that a Holder or beneficial owner of Notes shall not be licensed, qualified or found suitable by such Gaming Authority, such Holder or beneficial owner shall have no further rights with respect to the Notes (i) to exercise, directly or indirectly, through any Person, any right conferred by the Notes and (ii) to receive any Interest or any other distribution or payment with respect to the Notes, or any remuneration in any form from the Company for services rendered or otherwise, except the redemption price of the Notes. The Company shall notify the Trustee in writing of not be required to pay or reimburse any such redemption as soon as practicable. The Holder or Beneficial Owner beneficial owner of Notes applying who is required to apply for a such license, qualification or a finding of suitability is obligated to pay all for the costs relating thereto. Such expense shall, therefore, be the obligation of the licensure such Holder or investigation for such qualification or finding of suitabilitybeneficial owner.

Appears in 1 contract

Samples: Indenture (Riviera Black Hawk Inc)

Gaming Redemption. Notwithstanding any other provision the provisions of the Indenturesubparagraph (a) of Paragraph 5 above, if any Gaming Authority requires that a Holder or Beneficial Owner beneficial owner of Notes must be licensed, qualified or found suitable under any applicable Gaming Law gaming law and such Holder or Beneficial Owner (i) beneficial owner fails to apply for a license, qualification or a finding of suitability within 30 days after being required requested to do so by such Gaming Authority (or such lesser period as that may be required by the such Gaming Authority) by the Gaming Authority or by the Company pursuant to an order of the Gaming Authority), or (ii) if such Holder or Beneficial Owner such beneficial owner is notified by such Gaming Authority that such Holder or beneficial owner shall not be so licensed, qualified or found suitable, the Company will shall have the right, at its option: , (Ai) to require such Holder or Beneficial Owner beneficial owner to dispose of such Holder’s 's or Beneficial Owner’s beneficial owner's Notes within 30 days of receipt of such notice (or such finding by the applicable Gaming Authority or such earlier date lesser period as may be ordered required by such Gaming Authority; ) of (a) the termination of the period described above for such Holder or beneficial owner to apply for a license, qualification or finding or suitability or (Bb) receipt of the notice from such Gaming Authority that such Holder or beneficial owner shall not be licensed, qualified or found suitable by such Gaming Authority or (ii) to redeem the Notes of such Holder or Beneficial Owner beneficial owner at a redemption price equal to the lesser of (x) the principal amount thereof, and (y) thereof or the price at which such Holder or Beneficial Owner beneficial owner acquired the new such Notes, together with, in either case, accrued and unpaid interestInterest and Liquidated Damages, if any, thereon to the earlier of the date of redemption or such earlier date as may be required by such Gaming Authority or the date of the finding of unsuitability, if any, unsuitability by such Gaming Authority, which may be less than 30 days following the notice of redemption, if so ordered by such Gaming Authority. The Company shall notify the Trustee in writing of any such redemption as soon as practicable. The Holder or Beneficial Owner of Notes applying for a license, qualification or a finding of suitability is obligated to pay all costs of the licensure or investigation for such qualification or finding of suitability.

Appears in 1 contract

Samples: Indenture (Riviera Black Hawk Inc)

Gaming Redemption. Notwithstanding any other provision of the Indenture, if (a) If any Gaming Authority in any jurisdiction in which the Enterprise or any of its Subsidiaries conducts gaming requires that a Holder or Beneficial Owner of the Notes must be licensedobtain a license, qualified qualification or found suitable finding of suitability under any applicable Gaming Law Laws and such the Holder or Beneficial Owner (i) fails to does not apply for a license, qualification or a finding of suitability within 30 days after being required requested to do so by such Gaming Authority (or such lesser period as that may be required by the such Gaming Authority) by the Gaming Authority or by the Company pursuant to an order of the Gaming Authority, or (ii) if such Holder or Beneficial Owner is beneficial owner shall not so be licensed, qualified or found suitable, then the Company will have the rightEnterprise, at its option: , may (Ai) to require such Holder or Beneficial Owner to dispose of such Holder’s Holder or Beneficial Owner’s 's Notes within 30 days of receipt of such notice days, or such finding by the applicable Gaming Authority or such any earlier date as may be ordered required by such the Gaming Authority; , of (A) the termination of the 30-day period described above for the Holder or Beneficial Owner to apply for a license, qualification or finding of suitability, or (B) to the receipt of the notice from the Gaming Authority that the Holder or beneficial owner shall not be licensed, qualified or found suitable or (ii) redeem the Notes of such Holder or Beneficial Owner at a redemption price equal to the lesser least of (xA) 100% of the principal amount thereof, and thereof or (yB) the price at which such Holder or Beneficial Owner acquired the new Notes, and (C) the fair market value of the Notes, together with, in either case, accrued and unpaid interestinterest and Liquidated Damages, if any, thereon to the earlier of the date of redemption or the date of the finding of unsuitability, if any, unsuitability by such Gaming Authority, which may be less than 30 days following the notice of redemption, redemption if so ordered by such Gaming Authority. The Company shall notify the Trustee in writing of any such redemption as soon as practicable. The Holder or Beneficial Owner of Notes applying for a license, qualification or a finding of suitability is obligated to pay all costs of the licensure or investigation for such qualification or finding of suitability.

Appears in 1 contract

Samples: Mississippi Band of Choctaw Indians Dba Choctaw RSRT DVLP E

Gaming Redemption. Notwithstanding any other provision of the this Indenture, if any Gaming Authority requires that a Holder or Beneficial Owner beneficial owner of Notes must be licensed, qualified or found suitable under any applicable Gaming Law gaming law and such Holder or Beneficial Owner (i) beneficial owner fails to apply for a license, qualification or a finding of suitability within 30 days after being required requested to do so by such Gaming Authority (or such lesser period as that may be required by the such Gaming Authority) by the Gaming Authority or by the Company pursuant to an order of the Gaming Authority), or (ii) if such Holder or Beneficial Owner such beneficial owner is notified by such Gaming Authority that such Holder or beneficial owner shall not be so licensed, qualified or found suitable, the Company will shall have the right, at its option: , (Ai) to require such Holder or Beneficial Owner beneficial owner to dispose of such Holder’s 's or Beneficial Owner’s beneficial owner's Notes within 30 days of receipt of such notice (or such finding by the applicable Gaming Authority or such earlier date lesser period as may be ordered required by such Gaming Authority; ) of (a) the termination of the period described above for such Holder or beneficial owner to apply for a license, qualification or finding or suitability or (Bb) receipt of the notice from such Gaming Authority that such Holder or beneficial owner shall not be licensed, qualified or found suitable by such Gaming Authority or (ii) to redeem the Notes of such Holder or Beneficial Owner beneficial owner at a redemption price equal to the lesser of (x) the principal amount thereof, and (y) thereof or the price at which such Holder or Beneficial Owner beneficial owner acquired the new such Notes, together with, in either case, accrued and unpaid interestInterest and Liquidated Damages, if any, thereon to the earlier of the date of redemption or such earlier date as may be required by such Gaming Authority or the date of the finding of unsuitability, if any, unsuitability by such Gaming Authority, which may be less than 30 days following the notice of redemption, if so ordered by such Gaming Authority. The Company shall notify the Trustee in writing of any such redemption as soon as practicable. The Immediately upon a determination by a Gaming Authority that a Holder or Beneficial Owner beneficial owner of Notes applying shall not be licensed, qualified or found suitable by such Gaming Authority, such Holder or beneficial owner shall have no further rights with respect to the Notes (i) to exercise, directly or indirectly, through any trustee, nominee or any other Person, any right conferred by the Notes and (ii) to receive any Interest or any other distribution or payment with respect to the Notes, or any remuneration in any form from the Company for a services rendered or otherwise, except the redemption price of the Notes. Under this Indenture, the Company is not required to pay or reimburse any Holder or beneficial owner of Notes who is required to apply for such license, qualification or a finding of suitability is obligated to pay all for the costs of the licensure licensor or investigation for such qualification or finding of suitability. The Company shall not be required to pay or reimburse any Holder or beneficial owner of Notes who is required to apply for such license, qualification or finding of suitability for the costs relating thereto. Such expense shall, therefore, be the obligation of such Holder or beneficial owner.

Appears in 1 contract

Samples: Pledge Agreement (Windsor Woodmont Black Hawk Resort Corp)

Gaming Redemption. Notwithstanding any other provision of the Indenture, if (a) If any Gaming Authority in any jurisdiction in which the Enterprise or any of its Subsidiaries conducts gaming requires that a Holder or Beneficial Owner of the Notes must be licensedobtain a license, qualified qualification or found suitable finding of suitability under any applicable Gaming Law Laws and such the Holder or Beneficial Owner (i) fails to does not apply for a license, qualification or a finding of suitability within 30 days after being required requested to do so by such Gaming Authority (or such lesser period as that may be required by the such Gaming Authority) by the Gaming Authority or by the Company pursuant to an order of the Gaming Authority, or (ii) if such Holder or Beneficial Owner is beneficial owner shall not so be licensed, qualified or found suitable, then the Company will have the rightEnterprise, at its option: , may (Ai) to require such Holder or Beneficial Owner to dispose of such Holder’s Holder or Beneficial Owner’s 's Notes within 30 days of receipt of such notice days, or such finding by the applicable Gaming Authority or such any earlier date as may be ordered required by such the Gaming Authority; , of (A) the termination of the 30-day period described above for the Holder or Beneficial Owner to apply for a license, qualification or finding of suitability, or (B) to the receipt of the notice from the Gaming Authority that the Holder or beneficial owner shall not be licensed, qualified or found suitable or (ii) redeem the Notes of such Holder or Beneficial Owner at a redemption price equal to the lesser least of (xA) 100% of the principal amount thereof, and thereof or (yB) the price at which such Holder or Beneficial Owner acquired the new Notes, and (C) the fair market value of the Notes, together with, in either case, accrued and unpaid interest, if any, interest thereon to the earlier of the date of redemption or the date of the finding of unsuitability, if any, unsuitability by such Gaming Authority, which may be less than 30 days following the notice of redemption, redemption if so ordered by such Gaming Authority. The Company shall notify the Trustee in writing of any such redemption as soon as practicable. The Holder or Beneficial Owner of Notes applying for a license, qualification or a finding of suitability is obligated to pay all costs of the licensure or investigation for such qualification or finding of suitability.

Appears in 1 contract

Samples: Mississippi Band of Choctaw Indians Dba Choctaw RSRT DVLP E

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Gaming Redemption. Notwithstanding any other provision of the Indenture, if any Gaming Authority requires that a Holder or Beneficial Owner beneficial owner of Notes must be licensed, qualified or found suitable under any applicable Gaming Law gaming law and such Holder or Beneficial Owner (i) beneficial owner fails to apply for a license, qualification or a finding of suitability within 30 days after being required requested to do so (or such lesser period as required by the Gaming Authority) by the Gaming Authority (or such 1esser period that may be required by the Company pursuant to an order of the such Gaming Authority), or (ii) if such Holder or Beneficial Owner such beneficial owner is not so licensed, qualified or found suitable, the Company will shall have the right, at its option: , (Ai) to require such Holder or Beneficial Owner beneficial owner to dispose of such Holder’s Holders or Beneficial Ownerbeneficial owner’s Notes within 30 days of receipt of such notice or of such finding by the applicable Gaming Authority or such earlier date as may be ordered by such Gaming Authority; Authority or (Bii) to redeem the Notes of such Holder or Beneficial Owner beneficial owner at a redemption price equal to the lesser of (xA) the principal amount thereof, and thereof or (yB) the price at which such Holder or Beneficial Owner beneficial owner acquired such Notes (in the new Notescase of (A) or (B), together with, in either case, with accrued and unpaid interestinterest and Liquidated Damages, if any, thereon to the earlier of the date of redemption or such earlier date as may be required by such Gaming Authority or the date of the finding of unsuitability, if any, unsuitability by such Gaming Authority, which may be less than 30 days following the notice of redemption, if so ordered by such Gaming Authority. The Company shall notify the Trustee in writing ), or (C) such other amount as may be required by applicable law or by order of any such redemption as soon as practicableGaming Authority. The Holder or Beneficial Owner beneficial owner of Notes applying for a license, qualification or a finding of suitability is obligated to with any Gaming Authority must pay all costs of the licensure or investigation for such qualification or finding of suitability. The Company shall not be required to pay or reimburse any Holder or beneficial owner of Notes who is required to apply for such license, qualification or a finding of suitability for the costs of the licensure or investigation for such qualification or finding of suitability.

Appears in 1 contract

Samples: Indenture (Eldorado Resorts LLC)

Gaming Redemption. (a) Notwithstanding any other provision provisions of the Indenturethis Article 3, if any Gaming Authority requires that in which the Partnership, either of its partners or any of their respective Affiliates as of the date of this Indenture conducts or, in the future conducts, directly or indirectly through a subsidiary or joint venture, gaming notifies a Holder or Beneficial Owner beneficial owner of the Notes that the Holder or beneficial owner must be licensed, qualified or found suitable under any applicable gaming law and the Holder or beneficial owner does not apply for that license, qualification or finding of suitability within 30 days after being requested to do so by such Gaming Law and Authority (or such lesser period that may be required by such Gaming Authority) or if such Holder or Beneficial Owner beneficial owner will not be so licensed, qualified or found suitable under applicable gaming law, the Issuers have the right, at their option, (i) fails to require such Holder or beneficial owner to dispose of such Holder’s or beneficial owner’s Notes within 30 days (or such earlier date as may be required by the applicable Gaming Authority), of (A) the termination of the 30-day period or any shorter period as may be required by a Gaming Authority, in each case as described above, for the Holder or beneficial owner to apply for a license, qualification or a finding of suitability within 30 days after being required to do so or (or such lesser period as required by B) the Gaming Authority) by receipt of notice from the Gaming Authority or by that the Company pursuant to an order of the Gaming Authority, or (ii) if such Holder or Beneficial Owner is beneficial owner will not so be licensed, qualified or found suitable, the Company will have the right, at its option: suitable or (Aii) to require such Holder or Beneficial Owner to dispose call for redemption of such Holder’s or Beneficial Owner’s Notes within 30 days of receipt of such notice or such finding by the applicable Gaming Authority or such earlier date as may be ordered by such Gaming Authority; or (B) to redeem the Notes of such Holder or Beneficial Owner beneficial owner at a redemption price equal to (A) the lesser of (x1) 100% of the principal amount thereof, and (y2) the price at which such Holder or Beneficial Owner beneficial owner acquired the new Notes and (3) the fair market value of the Notes, together with, in either case, with accrued and unpaid interest, if any, thereon to the earlier of the date of redemption or such earlier date as may be required by the Gaming Authority or the date of the finding of unsuitability, if any, that such Holder will not be licensed or qualified or found suitable by such Gaming Authority, which may be less than 30 days following the notice of redemption, if so ordered by such Gaming Authority or (B) such other redemption price as shall be ordered by the Gaming Authority. The Company shall notify the Trustee in writing of any such redemption as soon as practicable. The Holder or Beneficial Owner of Notes applying for a license, qualification or a finding of suitability is obligated to pay all costs of the licensure or investigation for such qualification or finding of suitability.

Appears in 1 contract

Samples: Circus and Eldorado Joint (Circus & Eldorado Joint Venture)

Gaming Redemption. Notwithstanding any other provision of the this Indenture, if any Gaming Authority requires that a Holder or Beneficial Owner beneficial owner of Notes must be licensed, qualified or found suitable under any applicable Gaming Law gaming law and such Holder or Beneficial Owner (i) beneficial owner fails to apply for a license, qualification or a finding of suitability within 30 days after being required requested to do so (or such lesser period as required by the Gaming Authority) by the Gaming Authority (or such 1esser period that may be required by the Company pursuant to an order of the such Gaming Authority), or (ii) if such Holder or Beneficial Owner such beneficial owner is not so licensed, qualified or found suitable, the Company will shall have the right, at its option: , (Ai) to require such Holder or Beneficial Owner beneficial owner to dispose of such Holder’s Holders or Beneficial Ownerbeneficial owner’s Notes within 30 days of receipt of such notice or of such finding by the applicable Gaming Authority or such earlier date as may be ordered by such Gaming Authority; Authority or (Bii) to redeem the Notes of such Holder or Beneficial Owner beneficial owner at a redemption price equal to the lesser of (xA) the principal amount thereof, and thereof or (yB) the price at which such Holder or Beneficial Owner beneficial owner acquired such Notes (in the new Notescase of (A) or (B), together with, in either case, with accrued and unpaid interestinterest and Liquidated Damages, if any, thereon to the earlier of the date of redemption or such earlier date as may be required by such Gaming Authority or the date of the finding of unsuitability, if any, unsuitability by such Gaming Authority, which may be less than 30 days following the notice of redemption, if so ordered by such Gaming Authority. The Company shall notify the Trustee in writing ), or (C) such other amount as may be required by applicable law or by order of any such redemption as soon as practicableGaming Authority. The Holder or Beneficial Owner beneficial owner of Notes applying for a license, qualification or a finding of suitability is obligated to with any Gaming Authority must pay all costs of the licensure or investigation for such qualification or finding of suitability. The Company shall not be required to pay or reimburse any Holder or beneficial owner of Notes who is required to apply for such license, qualification or a finding of suitability for the costs of the licensure or investigation for such qualification or finding of suitability.

Appears in 1 contract

Samples: Indenture (Eldorado Resorts LLC)

Gaming Redemption. (a) Notwithstanding any other provision provisions of the Indenturethis Article 3, if any Gaming Authority requires that in which the Partnership, either of its partners or any of their respective Affiliates as of the date of this Indenture conducts or, in the future conducts, directly or indirectly through a subsidiary or joint venture, gaming notifies a Holder or Beneficial Owner beneficial owner of the Notes that the Holder or beneficial owner must be licensed, qualified or found suitable under any applicable gaming law and the Holder or beneficial owner does not apply for that license, qualification or finding of suitability within 30 days after being requested to do so by such Gaming Law and Authority (or such lesser period that may be required by such Gaming Authority) or if such Holder or Beneficial Owner beneficial owner will not be so licensed, qualified or found suitable under applicable gaming law, the Issuers have the right, at their option, (i) fails to require such Holder or beneficial owner to dispose of such Holder’s or beneficial owner’s Notes within 30 days (or such earlier date as may be required by the applicable Gaming Authority), of (A) the termination of the 30-day period or any shorter period as may be required by a Gaming Authority, in each case as described above, for the Holder or beneficial owner to apply for a license, qualification or a finding of suitability within 30 days after being required to do so or (or such lesser period as required by B) the Gaming Authority) by receipt of notice from the Gaming Authority or by that the Company pursuant to an order of the Gaming Authority, or (ii) if such Holder or Beneficial Owner is beneficial owner will not so be licensed, qualified or found suitable, the Company will have the right, at its option: suitable or (Aii) to require such Holder or Beneficial Owner to dispose call for redemption of such Holder’s or Beneficial Owner’s Notes within 30 days of receipt of such notice or such finding by the applicable Gaming Authority or such earlier date as may be ordered by such Gaming Authority; or (B) to redeem the Notes of such Holder or Beneficial Owner beneficial owner at a redemption price equal to (A) the lesser of (x1) 100% of the principal amount thereof, and (y2) the price at which such Holder or Beneficial Owner beneficial owner acquired the new Notes, together with, in either case, accrued and unpaid interest, if any, to the earlier of the date of redemption or the date of the finding of unsuitability, if any, by such Gaming Authority, which may be less than 30 days following the notice of redemption, if so ordered by such Gaming Authority. The Company shall notify the Trustee in writing of any such redemption as soon as practicable. The Holder or Beneficial Owner of Notes applying for a license, qualification or a finding of suitability is obligated to pay all costs of the licensure or investigation for such qualification or finding of suitability.and

Appears in 1 contract

Samples: Indenture (Circus & Eldorado Joint Venture)

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