of Lender. Lender hereby represents and warrants to the Company that:
of Lender. All funds deposited in a Blocked Account shall immediately become the sole property of Lender and Borrower shall obtain the agreement by such bank to waive any offset rights against the funds so deposited. Lender assumes no responsibility for any Blocked Account arrangement, including without limitation, any claim of accord and satisfaction or release with respect to deposits accepted by any bank thereunder. Alternatively, Lender may establish depository accounts in the name: of Lender at a bank or banks for the deposit of such funds (each, a "Dominion Account") and Borrower shall deposit all proceeds of Receivables and all cash proceeds of any sale of Inventory or, to the extent permitted herein, Equipment or cause same to be deposited, in kind, in such Dominion Accounts of Lender in lieu of depositing same to Blocked Accounts.
of Lender. This Consent of Lender is delivered with reference to the Loan Agreement (the "Loan Agreement") dated as of June 29, 1999 among Anchor Gaming, a Nevada corporation (the "Borrower"), the Lenders party thereto, Bank of America, N.A. (formerly known as Bank of America National Trust and Savings Association) (the "Agent"), as Administrative Agent for the Lenders, and Banc of America Securities, LLC, as Lead Arranger and Sole Book Manager. Capitalized terms used but not defined herein are used with the meanings set forth for those terms in the Loan Agreement. The undersigned Lender hereby consents to the execution, delivery and performance of the proposed Amendment No. 1 to Loan Agreement, substantially in the form provided to the undersigned as a draft, and without limitation on the foregoing, specifically to Borrower and the other Anchor Equities (as defined therein) entering into the Anchor Guaranty, the Reimbursement Agreement and the Anchor Subordination Agreement as each is defined therein and set forth therein. PNC BANK NATIONAL ASSOCIATION ----------------------------------------- [Name of Lender] By: /s/ XXXX X. XXXXXXX -------------------------------------- Xxxx X. Vessels Vice President ----------------------------------------- [Printed Name and Title] By: -------------------------------------- ----------------------------------------- [Printed Name and Title] Date: ---------------------------------- [Exhibit A to Amendment No. 1]
of Lender. All funds deposited in such Blocked Account shall immediately become the property of Lender and shall be applied to the Obligations in accordance with the terms of this Agreement, and Borrowers shall obtain the agreement by such bank to waive any offset rights against the funds so deposited. Lender assumes no responsibility for such Blocked Account arrangement, including without limitation, any claim of accord and satisfaction or release with respect to deposits accepted by any bank thereunder. Alternatively, Lender may establish depository accounts ("Depository Accounts") in the name of Lender at a bank or banks for the deposit of such funds and Borrowers shall deposit all proceeds of Collateral or cause same to be deposited, in kind, in such Depository Accounts of Lender in lieu of depositing same to the Blocked Accounts.
of Lender. Lender hereby makes the following representations, warranties and covenants with respect to such LOC balances in favor of the Corporation.
of Lender. Borrower hereby irrevocably authorizes Administrator in connection with the Lender Note to make (or cause to be made) appropriate notations on the grid attached to the Lender Note (or on any continuation of such grid, or at Administrator's option, in its records), which notations, if made, shall evidence, inter alia, the date of, the outstanding principal of, and the interest rate and Interest Period applicable to the Loans evidenced thereby. Such notations shall be rebuttably presumptive evidence of the subject matter thereof, absent manifest error; provided, however, that the failure to make any such notations shall not limit or otherwise affect any Obligations of Borrower.
of Lender. Reference is hereby made to the Amended and Restated Credit Agreement dated as of October 8, 2004 (as heretofore amended, and as may from time to time be extended, modified, renewed, restated, supplemented or amended, the “Credit Agreement”), among Xxxxxx Gaming, Inc., a Nevada corporation (the “Borrower”), the lenders party thereto (collectively, the “Lenders”) and Bank of America, N.A. as Administrative Agent (the “Administrative Agent”). Capitalized terms used herein are used with the meanings set forth for those terms in the Loan Agreement. The undersigned Lender hereby consents to the execution and delivery of an Amendment No. 2 to Amended and Restated Credit Agreement by the Administrative Agent on its behalf, substantially in the form of the most recent draft thereof presented to the undersigned Lender. Dated as of March 10, 2006. BANK OF AMERICA, N.A. By: Xxxxx X. Xxxxxx Title: Senior Vice President Exhibit B to Amendment CONSENT OF LENDER Reference is hereby made to the Amended and Restated Credit Agreement dated as of October 8, 2004 (as heretofore amended, and as may from time to time be extended, modified, renewed, restated, supplemented or amended, the “Credit Agreement”), among Xxxxxx Gaming, Inc., a Nevada corporation (the “Borrower”), the lenders party thereto (collectively, the “Lenders”) and Bank of America, N.A. as Administrative Agent (the “Administrative Agent”). Capitalized terms used herein are used with the meanings set forth for those terms in the Loan Agreement. The undersigned Lender hereby consents to the execution and delivery of an Amendment No. 2 to Amended and Restated Credit Agreement by the Administrative Agent on its behalf, substantially in the form of the most recent draft thereof presented to the undersigned Lender. Dated as of March 7, 2006. BANK OF SCOTLAND By: Xxxxxx Xxxxxx Title: First Vice President Exhibit B to Amendment CONSENT OF LENDER Reference is hereby made to the Amended and Restated Credit Agreement dated as of October 8, 2004 (as heretofore amended, and as may from time to time be extended, modified, renewed, restated, supplemented or amended, the “Credit Agreement”), among Xxxxxx Gaming, Inc., a Nevada corporation (the “Borrower”), the lenders party thereto (collectively, the “Lenders”) and Bank of America, N.A. as Administrative Agent (the “Administrative Agent”). Capitalized terms used herein are used with the meanings set forth for those terms in the Loan Agreement. The undersigned Lender hereby cons...
of Lender. Reference is hereby made to the Third Amendment to Amended and Restated Credit Agreement (the “Amendment”) dated as of June 17, 2004 by and between Isle of Capri Casinos, Inc. a Delaware corporation (“Company”), Canadian Imperial Bank of Commerce, as administrative agent for the Lenders (“Administrative Agent”), which is made with reference to that certain Third Amended and Restated Credit Agreement dated as of April 26, 2002 (the “Credit Agreement”), by and among Company, the financial institutions listed therein as Lenders, the Co-Syndication Agents listed therein, the Co-Documentation Agents listed therein, CIBC World Markets Corp., as Lead Arranger, and the Administrative Agent. The undersigned Lender hereby consents to the execution and delivery of the Amendment by Administrative Agent on its behalf, substantially in the form of the draft presented to the undersigned Lender on June 16, 2004. Dated: June 17, 2004 [Name of Institution] By:/s/ Authorized Signatory Name: Title:
of Lender. This Consent of Lender is delivered with reference to the Loan Agreement (the "Loan Agreement") dated as of June 29, 1999 among Anchor Gaming, a Nevada corporation (the "Borrower"), the Lenders party thereto, Bank of America, N.A. (formerly known as Bank of America National Trust and Savings Association) (the "Agent"), as Administrative Agent for the Lenders, and Banc of America Securities, LLC, as Lead Arranger and Sole Book Manager. Capitalized terms used but not defined herein are used with the meanings set forth for those terms in the Loan Agreement. The undersigned Lender hereby consents to the execution, delivery and performance of the proposed Amendment No. 1 to Loan Agreement, substantially in the form provided to the undersigned as a draft, and without limitation on the foregoing, specifically to Borrower and the other Anchor Equities (as defined therein) entering into the Anchor Guaranty, the Reimbursement Agreement and the Anchor Subordination Agreement as each is defined therein and set forth therein.
of Lender. This Agreement is made with Lender in reliance upon Lender's representations and warranties to the Company, which by Lender's execution of this Agreement Lender hereby confirms that:
