Common use of No Assurances Clause in Contracts

No Assurances. (i) As a condition to the effectiveness of the confirmation of the Plan of Reorganization, the Initial Minimum Payment Guarantors have entered into the HET/JCC Agreement in favor of the Regulating Authority. The HET/JCC Agreement provides that the Minimum Payment Guarantors will provide the Minimum Payment Guaranty required under the Casino Operating Contract for the Fiscal Years (as defined in the Casino Operating Contract) ending March 31, 2002, 2003, 2004 and 2005, subject to termination or non-renewal in accordance with the terms of the HET/JCC Agreement. As a prerequisite to maintaining the effectiveness of the Casino Operating Contract, the Casino Operating Contract requires that the Company annually on each March 31 (beginning with March 31, 2003) cause to be provided a Minimum Payment Guaranty or extensions thereof extending to the third anniversary of the respective March 31. In entering into the HET/JCC Agreement, the Minimum Payment Guarantors have no obligation to provide a Minimum Payment Guaranty for the entire term of the Casino Operating Contract, but rather have agreed only to provide a Minimum Payment Guaranty for the period and on terms and conditions specified therein. The Minimum Payment Guarantors have expressly informed the Trustee on behalf of the Holders that the Minimum Payment Guarantors have not agreed to renew the HET/JCC Agreement beyond March 31, 2005. The Minimum Payment Guarantors have informed the Trustee on behalf of the Holders that any decision the Minimum Payment Guarantors make concerning whether to renew any Minimum Payment Guaranty or the HET/JCC Agreement will be made in the Minimum Payment Guarantors' sole discretion, acting only in their best interests. The Trustee on behalf of the 126 138 Holders hereby acknowledges that (A) the Initial Minimum Payment Guarantors are not obligated to, and have not given any assurances to the Trustee that the Minimum Payment Guarantors will, renew the HET/JCC Agreement beyond March 31, 2005, (B) the Minimum Payment Guarantors have the right to make any such renewal decision by considering only their best interests, and (C) the Minimum Payment Guarantors need not consider the interests of any other parties in making any such renewal decision, notwithstanding that the Minimum Payment Guarantors are involved in a number of capacities in respect of the Company.

No Assurances. (i) As a condition to the effectiveness of the confirmation of the Plan of Reorganization, the Initial Minimum Payment Guarantors have entered into the HET/JCC Agreement in favor of the Regulating Authority. The HET/JCC Agreement provides that the Initial Minimum Payment Guarantors will provide the Minimum Payment Guaranty required under the Casino Operating Contract for the Fiscal Years (as defined in the Casino Operating Contract) ending March 31, 20021999 and March 31, 20032000, 2004 and 2005renewable for the four Fiscal Years thereafter through March 31, 2004, subject to termination or non-renewal in accordance with the terms of the HET/JCC Agreement. As a prerequisite to maintaining the effectiveness of the Casino Operating Contract, the Casino Operating Contract requires that the Company annually on each March 31 (beginning with March 31, 2003) cause to be provided a provide the Minimum Payment Guaranty or extensions thereof extending to the third anniversary of the respective March 31Regulating Authority. In entering into the HET/JCC Agreement, the Initial Minimum Payment Guarantors have no obligation to provide a Minimum Payment Guaranty for the entire term of the Casino Operating Contract, but rather have agreed only to provide a Minimum Payment Guaranty for the period and on terms and conditions specified therein. The Initial Minimum Payment Guarantors have expressly informed the Trustee on behalf of the Holders that the Initial Minimum Payment Guarantors have not agreed to renew the HET/JCC Agreement beyond March 31, 20052004, or in any prior year where the Initial Minimum Payment Guarantors' obligation to furnish a Minimum Payment Guaranty does not renew by the express terms of Section 1(b) of the HET/JCC Agreement. The Initial Minimum Payment Guarantors have informed the Trustee on behalf of the Holders that any decision the Initial Minimum Payment Guarantors make concerning whether to renew any Minimum Payment Guaranty or the HET/JCC Agreement will be made in the Initial Minimum Payment Guarantors' sole discretion, acting only in their best interests. The Trustee on behalf of the 126 138 Holders hereby acknowledges that (A) the Initial Minimum Payment Guarantors are not obligated to, and have not given any assurances to the Trustee that the Initial Minimum Payment Guarantors will, renew the HET/JCC Agreement beyond March 31, 20052004, or renew any Minimum Payment Guaranty for any earlier Fiscal Year in which the Initial Minimum Payment Guarantors' obligation to furnish a Minimum Payment Guaranty does not renew under the express terms of Section 1(b) thereof, (B) the Initial Minimum Payment Guarantors have the right to make any such renewal decision by considering only their best interests, and (C) the Initial Minimum Payment Guarantors need not consider the interests of any other parties in making any such renewal decision, notwithstanding that the Initial Minimum Payment Guarantors are involved in a number of capacities in respect of the Company.

No Assurances. (i) As a condition to the effectiveness of the confirmation of the Plan of Reorganization, the Initial Minimum Payment Guarantors have entered into the HET/JCC Agreement in favor of the Regulating Authority. The HET/JCC Agreement provides that the Minimum Payment Guarantors will provide the Minimum Payment Guaranty required under the Casino Operating Contract for the Fiscal Years (as defined in the Casino Operating Contract) ending March 31, 2002, 2003, 2004 and 2005, subject to termination or non-renewal in accordance with the terms of the HET/JCC Agreement. As a prerequisite to maintaining the effectiveness of the Casino Operating Contract, the Casino Operating Contract requires that the Company annually on each March 31 (beginning with March 31, 2003) cause to be provided a Minimum Payment Guaranty or extensions thereof extending to the third anniversary of the respective March 31. In entering into the HET/JCC Agreement, the Minimum Payment Guarantors have no obligation to provide a Minimum Payment Guaranty for the entire term of the Casino Operating Contract, but rather have agreed only to provide a Minimum Payment Guaranty for the period and on terms and conditions specified therein. The Minimum Payment Guarantors have expressly informed the Trustee on behalf of the Holders that the Minimum Payment Guarantors have not agreed to renew the HET/JCC Agreement beyond March 31, 2005. The Minimum Payment Guarantors have informed the Trustee on behalf of the Holders that any decision the Minimum Payment Guarantors make concerning whether to renew any Minimum Payment Guaranty or the HET/JCC Agreement will be made in the Minimum Payment Guarantors' sole discretion, acting only in their best interests. The Trustee on behalf of the 126 138 Holders hereby acknowledges that (A) the Initial Minimum Payment Guarantors are not obligated to, and have not given any assurances to the Trustee that the Minimum Payment Guarantors will, renew the HET/JCC Agreement beyond March 31Marcx 00, 20050000, (BX) the xxx Minimum Payment Guarantors have the right to make any such renewal decision by considering only their best interests, and (C) the Minimum Payment Guarantors need not consider the interests of any other parties in making any such renewal decision, notwithstanding that the Minimum Payment Guarantors are involved in a number of capacities in respect of the Company.

No Assurances. (i) As The Guarantors have entered into this Agreement as a condition to the effectiveness of the confirmation of the Plan of Reorganization, the Initial Minimum Payment Guarantors have entered into the HET/JCC Agreement in favor of the Regulating Authority. The HET/JCC Agreement provides that the Minimum Payment Guarantors will provide the Minimum Payment Guaranty required under the Casino Operating Contract for the Fiscal Years (as defined in the Casino Operating Contract) ending March 31, 2002, 2003, 2004 and 2005, subject to termination or non-renewal in accordance with the terms of the HET/JCC AgreementPlan. As a prerequisite to maintaining the effectiveness of the Casino Operating Contract, the Casino Operating Contract requires that JCC annually provide to the Company annually on each March 31 (beginning with March 31, 2003) cause to be provided LGCB a Minimum Payment Guaranty or extensions thereof extending to Guaranty, as that term is defined in the third anniversary of the respective March 31Casino Operating Contract. In entering into the HET/JCC this Agreement, the Minimum Payment Guarantors have no obligation to provide a the Minimum Payment Guaranty for the entire term of the Casino Operating Contract, but rather have agreed only to provide a Minimum Payment Guaranty it for the period and on terms and conditions specified thereinherein. The Minimum Payment Guarantors have expressly informed the Trustee on behalf of the Holders JCC that the Minimum Payment Guarantors they have not agreed to renew the HET/JCC Agreement beyond March 31, 20052004, or in any prior year where the Guarantors' obligation to furnish the Guaranty does not renew by the express terms of Section 1(b) hereof. The Minimum Payment Guarantors have informed the Trustee on behalf of the Holders JCC that any decision the Minimum Payment Guarantors they make concerning whether to renew any Minimum Payment the Guaranty or the HET/JCC this Agreement will be made in the Minimum Payment Guarantors' their sole discretion, acting only in their best interests. The Trustee on behalf of the 126 138 Holders JCC hereby acknowledges that (A) the Initial Minimum Payment Guarantors are not obligated to, to and have not given any assurances to the Trustee JCC that the Minimum Payment Guarantors will, they will renew the HET/JCC this Agreement beyond March 31, 20052004, or renew the Guaranty for any earlier Fiscal Year in which the Guarantors' obligation to furnish the Guaranty does not renew under the express terms of Section 1(b) hereof, (B) the Minimum Payment Guarantors have the right to make any such renewal decision by considering only their best interests, and (C) the Minimum Payment Guarantors need not consider the interests of any other parties in making any such renewal decision, notwithstanding that the Minimum Payment Guarantors are involved in a number of capacities in respect of the CompanyJCC.

No Assurances. (i) As a condition to the effectiveness of the confirmation of the Plan of Reorganization, HET and HOC (the "Initial Minimum Payment Guarantors Guarantors") have entered into the HET/JCC Agreement in favor of the Regulating Authority. The HET/JCC Agreement provides that the Minimum Payment Initial Guarantors will provide the Minimum Payment Guaranty required under the Casino Operating Contract for the Fiscal Years (as defined in the Casino Operating Contract) ending March 31, 20021999 and March 31, 20032000, 2004 and 2005renewable for the four Fiscal Years thereafter through March 31, 2004, subject to termination or non-renewal in accordance with the terms of the HET/JCC Agreement. As a prerequisite to maintaining the effectiveness of the Casino Operating Contract, the Casino Operating Contract requires that the Company annually on each March 31 (beginning with March 31, 2003) cause to be provided a provide the Minimum Payment Guaranty or extensions thereof extending to the third anniversary of the respective March 31Regulating Authority. In entering 116 into the HET/JCC Agreement, the Minimum Payment Initial Guarantors have no obligation to provide a Minimum Payment Guaranty for the entire term of the Casino Operating Contract, but rather have agreed only to provide a Minimum Payment Guaranty for the period and on terms and conditions specified therein. The Minimum Payment Initial Guarantors have expressly informed the Trustee on behalf of the Holders that the Minimum Payment Initial Guarantors have not agreed to renew the HET/JCC Agreement beyond March 31, 20052004, or in any prior year where the Initial Guarantors' obligation to furnish a Minimum Payment Guaranty does not renew by the express terms of Section 1(b) of the HET/JCC Agreement. The Minimum Payment Initial Guarantors have informed the Trustee on behalf of the Holders that any decision the Minimum Payment Initial Guarantors make concerning whether to renew any Minimum Payment Guaranty or the HET/JCC Agreement will be made in the Minimum Payment Initial Guarantors' sole discretion, acting only in their best interests. The Trustee on behalf of the 126 138 Holders hereby acknowledges that (A) the Initial Minimum Payment Guarantors are not obligated to, and have not given any assurances to the Trustee that the Minimum Payment Guarantors Initial Holders will, renew the HET/JCC Agreement beyond March 31, 20052004, or renew any Minimum Payment Guaranty for any earlier Fiscal Year in which the Initial Guarantors' obligation to furnish a Minimum Payment Guaranty does not renew under the express terms of Section 1(b) thereof, (B) the Minimum Payment Initial Guarantors have the right to make any such renewal decision by considering only their best interests, and (C) the Minimum Payment Initial Guarantors need not consider the interests of any other parties in making any such renewal decision, notwithstanding that the Minimum Payment Initial Guarantors are involved in a number of capacities in respect of the Company.

No Assurances. (i) As a condition to the effectiveness of the confirmation of the Plan of Reorganization, HET and HOC (the "Initial Minimum Payment Guarantors Guarantors") have entered into the HET/JCC Agreement in favor of the Regulating Authority. The HET/JCC Agreement provides that the Minimum Payment Initial Guarantors will provide the Minimum Payment Guaranty required under the Casino Operating Contract for the Fiscal Years (as defined in the Casino Operating Contract) ending March 31, 20021999 and March 31, 20032000, 2004 and 2005renewable for the four Fiscal Years thereafter through March 31, 2004, subject to termination or non-renewal in accordance with the terms of the HET/JCC Agreement. As a prerequisite to maintaining the effectiveness of the Casino Operating Contract, the Casino Operating Contract requires that the Company annually on each March 31 (beginning with March 31, 2003) cause to be provided a provide the Minimum Payment Guaranty or extensions thereof extending to the third anniversary of the respective March 31Regulating Authority. In entering into the HET/JCC Agreement, the Minimum Payment Initial Guarantors have no obligation to provide a Minimum Payment Guaranty for the entire term of the Casino Operating Contract, but rather have agreed only to provide a Minimum Payment Guaranty for the period and on terms and 109 conditions specified therein. The Minimum Payment Initial Guarantors have expressly informed the Trustee on behalf of the Holders that the Minimum Payment Initial Guarantors have not agreed to renew the HET/JCC Agreement beyond March 31, 20052004, or in any prior year where the Initial Guarantors' obligation to furnish a Minimum Payment Guaranty does not renew by the express terms of Section 1(b) of the HET/JCC Agreement. The Minimum Payment Initial Guarantors have informed the Trustee on behalf of the Holders that any decision the Minimum Payment Initial Guarantors make concerning whether to renew any Minimum Payment Guaranty or the HET/JCC Agreement will be made in the Minimum Payment Initial Guarantors' sole discretion, acting only in their best interests. The Trustee on behalf of the 126 138 Holders hereby acknowledges that (A) the Initial Minimum Payment Guarantors are not obligated to, and have not given any assurances to the Trustee that the Minimum Payment Guarantors Initial Holders will, renew the HET/JCC Agreement beyond March 31, 20052004, or renew any Minimum Payment Guaranty for any earlier Fiscal Year in which the Initial Guarantors' obligation to furnish a Minimum Payment Guaranty does not renew under the express terms of Section 1(b) thereof, (B) the Minimum Payment Initial Guarantors have the right to make any such renewal decision by considering only their best interests, and (C) the Minimum Payment Initial Guarantors need not consider the interests of any other parties in making any such renewal decision, notwithstanding that the Minimum Payment Initial Guarantors are involved in a number of capacities in respect of the Company.

No Assurances. (i) As a condition to the effectiveness of the confirmation of the Plan of Reorganization, the Initial Minimum Payment Guarantors HET and HOC have entered into the HET/JCC Agreement in favor of the Regulating AuthorityAgreement. The HET/JCC Agreement provides that the Minimum Payment Guarantors HET and HOC will provide the Minimum Payment Guaranty required under the Casino Operating Contract for the Fiscal Years (as defined in the Casino Operating Contract) ending March 31, 20021999 and March 31, 20032000, 2004 and 2005renewable for the four Fiscal Years thereafter through March 31, 2004, subject to termination or non-renewal in accordance with the terms of the HET/JCC Agreement. As a prerequisite to maintaining the effectiveness of the Casino Operating Contract, the Casino Operating Contract requires that the Company Borrower annually on each March 31 (beginning with March 31, 2003) cause to be provided a the Minimum Payment Guaranty or extensions thereof extending to the third anniversary of the respective March 31Guaranty. In entering into the HET/JCC Agreement, the Minimum Payment Guarantors HET and HOC have no obligation to provide a Minimum Payment Guaranty for the entire term of the Casino Operating Contract, but rather have agreed only to provide a Minimum Payment Guaranty for the period and on terms and conditions specified therein. The Minimum Payment Guarantors HET and HOC have expressly informed the Trustee Administrative Agent on behalf of the Holders Banks that the Minimum Payment Guarantors HET and HOC have not agreed to renew the HET/JCC Agreement Minimum Payment Guaranty beyond March 31, 2005. The 2004 or in any prior year where HET's and HOC's obligation to furnish a Minimum Payment Guarantors Guaranty does not renew by the express terms of Section 1(b) of the HET/JCC Agreement. HET and HOC have informed the Trustee Administrative Agent on behalf of the Holders Banks that any decision the Minimum Payment Guarantors HET and HOC make concerning whether to renew any Minimum Payment Guaranty or the HET/JCC Agreement will be made in the Minimum Payment Guarantors' HET's and HOC's sole discretion, acting only in their best interests. The Trustee on behalf of the 126 138 Holders Administrative Agent and each Bank hereby acknowledges acknowledge that (A) the Initial Minimum Payment Guarantors HET and HOC are not obligated to, and have not given any assurances to the Trustee Administrative Agent or the Banks that the Minimum Payment Guarantors HET and HOC will, renew the HET/JCC Agreement Minimum Payment Guaranty beyond March 31, 20052004, or renew the Minimum Payment Guaranty for any earlier Fiscal Year in which the obligation of HET and HOC to furnish a Minimum Payment Guaranty does not renew under the express terms of Section 1(b) of the HET/JCC Agreement, (B) the Minimum Payment Guarantors HET and HOC have the right to make any such renewal decision by considering only their best interests, and (C) the Minimum Payment Guarantors HET and HOC need not consider the interests of any other parties in making any such renewal decision, notwithstanding that the Minimum Payment Guarantors HET and HOC are involved in a number of capacities in respect of the CompanyBorrower.

No Assurances. (i) As The Guarantors have entered into this Agreement as a condition to the effectiveness of the confirmation of the Plan of Reorganization, the Initial Minimum Payment Guarantors have entered into the HET/JCC Agreement in favor of the Regulating Authority. The HET/JCC Agreement provides that the Minimum Payment Guarantors will provide the Minimum Payment Guaranty required under the Casino Operating Contract for the Fiscal Years (as defined in the Casino Operating Contract) ending March 31, 2002, 2003, 2004 and 2005, subject to termination or non-renewal in accordance with the terms of the HET/JCC AgreementPlan. As a prerequisite to maintaining the effectiveness of the Casino Operating Contract, the Casino Operating Contract requires that the Company annually on each March 31 (beginning with March 31commencing April 1, 2003) cause , JCC annually provide to be provided the LGCB a Minimum Payment Guaranty or extensions thereof extending to the third anniversary of the respective March 31Extension Guaranty. In entering into the HET/JCC this Agreement, the Minimum Payment Guarantors have no obligation to provide a any Minimum Payment Guaranty for the entire term of the Casino Operating ContractExtension Guaranty, but rather have agreed only to provide a Minimum Payment the Guaranty for the period and on terms and conditions specified thereinherein. The Minimum Payment Guarantors have expressly informed the Trustee on behalf of the Holders JCC that the Minimum Payment Guarantors they have not agreed to renew the HET/JCC this Agreement or provide any Minimum Payment Extension Guaranty or any other guaranty beyond March 31, 2005. The Minimum Payment Guarantors have informed the Trustee on behalf of the Holders JCC that any decision the Minimum Payment Guarantors they make concerning whether to renew the Guaranty or this Agreement or provide any Minimum Payment Extension Guaranty or the HET/JCC Agreement any other guaranty will be made in the Minimum Payment Guarantors' their sole discretion, acting only in their best interests. The Trustee on behalf of the 126 138 Holders JCC hereby acknowledges that (A) the Initial Minimum Payment Guarantors are not obligated to, to and have not given any assurances to the Trustee JCC that the they will renew this Agreement or provide any Minimum Payment Guarantors willExtension Guaranty or any other guaranty beyond Marcx 00, renew the HET/JCC Agreement beyond March 31, 20050000, (BX) the Minimum Payment xxx Guarantors have the right to make any such renewal decision or decision to provide any Minimum Payment Extension Guaranty or any other guaranty by considering only their best interests, and (C) the Minimum Payment Guarantors need not consider the interests of any other parties in making any such renewal decisiondecision or decision to provide any Minimum Payment Extension Guaranty or any other guaranty, notwithstanding that the Minimum Payment Guarantors are involved in a number of capacities in respect of the CompanyJCC.