of the Mortgage Loan Agreement. The Shared Services Agreement requires HOC to provide (and Borrower shall cause HOC to provide) all services thereunder to the Casino Components, in each case in a first-class manner and not in any manner less favorable than what is being provided to each Individual Property immediately prior to the date hereof.
of the Mortgage Loan Agreement. Borrower shall cause Mortgage Borrower to pay all costs of such Restoration whether or not such costs are covered by insurance. Lender may, but shall not be obligated to make proof of loss if not made promptly by Borrower or Mortgage Borrower. In addition, Lender may participate in any settlement discussions with any insurance companies with respect to any Casualty in which the Net Proceeds or the costs of completing the Restoration are equal to or greater than, in the case of each Casualty, an amount equal to five percent (5%) of the sum of the Allocated Loan Amount for the affected Individual Property and the “Allocated Loan Amounts” under (and as defined in each of) the Mortgage Loan Agreement and the Other Mezzanine Loan Agreements for the affected Individual Property, and Borrower shall deliver to Lender all instruments required by Lender to permit such participation.
of the Mortgage Loan Agreement. Borrower shall cause Mortgage Borrower to furnish to Lender receipts for the payment of the Taxes and the Other Charges prior to the date the same shall become delinquent (provided, however, that Borrower is not required to cause Mortgage Borrower to furnish such receipts for payment of Taxes in the event that such Taxes have been paid by Mortgage Lender pursuant to Section 9.6 of the Mortgage Loan Agreement). Subject to Section 5.4(b), Borrower shall cause Mortgage Borrower to not suffer and shall promptly cause Mortgage Borrower to pay and discharge any Lien or charge whatsoever which may be or become a Lien or charge against the Property, and shall cause Mortgage Borrower to promptly pay for all utility services provided to the Property.
of the Mortgage Loan Agreement. Borrower shall not (and shall not permit Mortgage Borrower to) permit or suffer and shall promptly cause to be paid and discharged any Lien or charge against the Property, other than Permitted Encumbrances and the Liens in favor of Mortgage Lender. After prior notice to Lender, Borrower or Op Co Pledgor, at its sole cost and expense, may cause or permit Mortgage Borrower or Operating Lessee to contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, the amount or validity or application in whole or in part of any Taxes or Other Charges; provided that (a) no Event of Default has occurred and remains outstanding; (b) such proceeding shall be permitted under and be conducted in accordance with the applicable or governing provisions of any other instrument to which Borrower, Op Co Pledgor, Mortgage Borrower, Operating Lessee, the Collateral, or the Property is subject and shall not constitute a default thereunder and such proceeding shall be conducted in accordance with all applicable Legal Requirements; (c) neither the Property, the Collateral, nor any part thereof or interest therein will be in imminent danger of being sold, forfeited, terminated, canceled or lost; (d) Borrower or Op Co Pledgor shall (or shall cause Mortgage Borrower or Operating Lessee to) promptly upon final non-appealable determination thereof pay the amount of any such Taxes or Other Charges, together with all costs, interest and penalties which may be payable in connection therewith; (e) such proceeding shall suspend the collection of such contested Taxes or Other Charges from the Property; and (f) Borrower shall furnish (or cause to be furnished) such cash or other security as may be required in the proceeding, or as may be reasonably requested by Lender (not to exceed 125% of the amount in dispute plus any estimated interest, penalties, fees, or other charges that may accrue during such contest), to ensure the payment of any such Taxes or Other Charges, together with all interest and penalties, if any, thereon. Lender may pay over, assign or transfer any such security or part thereof held by Lender to the claimant entitled thereto at any time when, in the reasonable judgment of Lender, the entitlement of such claimant is established or the Property or the Collateral (or any part thereof or interest therein) shall be in imminent danger of being sold, forfeited, terminated, canceled or lost.
of the Mortgage Loan Agreement. If Mortgage Borrower shall receive any consideration in connection with any transfers or grants consummated in accordance with this Section 5.2.10(h), Mortgage Borrower shall have the right to use any such consideration in connection with any alterations performed in connection with such transfer or grant, provided that, to the extent any such consideration is not used in connection with such alterations (or any such consideration exceeds the amount required to perform such alterations), Borrower shall cause Mortgage Borrower to promptly deposit the consideration or such excess amount, as the case may be, into the Cash Management Account.
of the Mortgage Loan Agreement. Borrower shall cause Mortgage Borrower and/or Manager to, deliver written instructions to all tenants under Leases to deliver all Rents payable thereunder directly to the Lockbox Account. A copy of each notice delivered by Mortgage Borrower or Manager pursuant to this Section 2.6.1(b) shall be sent to Lender concurrently with the delivery of the same to the applicable tenant or escrow agent.
of the Mortgage Loan Agreement. Borrower hereby represents and warrants to, and covenants with, Lender that since the date of its formation and at all times on and after the date hereof and until such time as the Debt shall be paid in full:
of the Mortgage Loan Agreement. Borrower shall, or shall cause Mortgage Borrower to, apply the Required Repair Reserve Funds (as defined in the Mortgage Loan Agreement), as contemplated under Section 7.1 of the Mortgage Loan Agreement.
of the Mortgage Loan Agreement. The provisions of this Section shall control in the event of any conflict between this Section and any other provision in this Agreement or in the other Loan Documents.
of the Mortgage Loan Agreement. Notwithstanding any Casualty, Borrower shall continue to pay the Debt at the time and in the manner provided for in the Note and this Agreement.
