New Jersey Approval. From and after the date of this Agreement, the Company and Marina District Development Company, LLC, a New Jersey limited liability company (“MDDC”), shall use their commercially reasonable efforts to, as promptly as reasonably practicable, apply for and obtain the approval of the New Jersey Division of Gaming Enforcement for MDDC to become a Subsidiary Guarantor and guarantee the Notes (the “New Jersey Approval”). Upon receipt of the New Jersey Approval in respect of MDDC, the Company and Marina District Development Holding Co., LLC (“MDDHC”) shall also take the actions required to become a Subsidiary Guarantor and guarantee the Notes pursuant to the Indenture.
New Jersey Approval. Notwithstanding the provisions of Paragraph A.1 above, if any of the Pre-Submission Milestones for [*] are not met, but the Milestone Date for regulatory submission of [*] to New Jersey (Milestone 4D-4a) is met with no delay, then [*] of the New Bonus Amounts attributed to the Pre-Submission Milestones for [*] and the submittal Bonus for New Jersey shall be deemed to be [*] earned, it being understood that no submittals shall take place unless and until the Acceptance Criteria for all of the prior Deliverables has been met. If the New Jersey approval letter for [*] is received by LICENSEE on or before [*] following the New Jersey approval Milestone Date (Milestone 4D-5a), then the Bonus for such Milestone shall be deemed to be [*] earned; if the New Jersey approval letter for [*] is not received within [*] after the New Jersey approval Milestone Date (Milestone 4D-5a) for any reason, then the Bonus for such Milestone will not earned. For purposes of determining whether the New Jersey approval Milestone is met for [*], the provisions of the last sentence of Section 4.h of the Agreement and Paragraph B.2(d) of this Exhibit D shall not apply. LICENSOR and LICENSEE shall use best commercial efforts to gain approval for [*] from New Jersey. *Information has been omitted from this document and filed separately with the Securities and Exchange Commission under a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended.
