Pursuant to Section 15. 1(a) of the Credit Agreement, the Borrower hereby designates [Name of Subsidiary] as a Restricted Subsidiary under and for the purposes of the Credit Agreement and the other Documents. Pursuant to Section 15.1(a) of the Credit Agreement, the Borrower hereby designates [Name of Subsidiary] (currently a Restricted Subsidiary) as a Non-Restricted Subsidiary under and for the purposes of the Credit Agreement and the other Documents.]
Pursuant to Section 15. 7(a) of the Loan Agreement Debtor agrees to pay all the reasonable legal fees and expenses incurred by Secured Party in connection with the negotiation, preparation, execution and delivery of this Amendment (the “Relevant Legal Fees”). Accordingly, upon receipt by Debtor of an invoice for the Relevant Legal Fees from Secured Party’s counsel, Xxxxx Xxxxxx Xxxxx Tischman Xxxxxxx & Xxxxx, Debtor shall pay the same.
Pursuant to Section 15. 2 of the November 19 Agreement, the Parties mutually agree to terminate the November 19 Agreement as of the Effective Date.
Pursuant to Section 15. 1 of the Credit Agreement, the Borrowing Representative hereby designates the New Borrower as a Borrower under the Credit Agreement and the New Borrower agrees that upon the acceptance hereof by the New Borrower, the New Borrower shall be, and shall be deemed to be, a “Borrower” under, and as such tenn is defined in, the Credit Agreement with the same force and effect as if originally named therein as a Borrower and the New Borrower shall have made, and shall be deemed to have made, the representations and warranties as to itself contained in Section 5 of the Credit Agreement. 4. Attached hereto is (a) a certificate, dated the date hereof, of the Secretary or Assistant Secretary of the New Borrower in the form of, and with substantially the same attachments as, the certificate which would have been required under Section 10.1(c) of the Credit Agreement if such Subsidiary had become a party hereto on the Closing Date, and (b) an opinion of counsel to the New Borrower in all respects reasonably satisfactory to the Eender. 5. By signing below, the Eender consent to this Borrower Addendum. 6. This Borrower Addendum shall be governed by, and construed and interpreted in accordance with, the internal laws of the State of New York, without regard to principles of conflict of laws, but including Section 5-1401 of the General Obligations Eaw. - 80-
Pursuant to Section 15. 2 of the Credit Agreement, the Majority Lenders hereby consent to the Merger and therefore agree that the same shall not result in a Change of Control for purposes of the Credit Agreement. SECTION 2.
Pursuant to Section 15. 2(a) of the Partnership Agreement, on April 28, 2000, Indiana Gaming received notification from Conseco LLC of Conseco LLC's intent to sell the Conseco Partnership Interest.
Pursuant to Section 15. 7 of the Shared Facilities Agreement, Catskill may assign any or all of its rights, interests or obligations under the Shared Facilities Agreement to a third party acquiring an interest, estate or other right in or to the Property (as such term is defined in the Shared Facilities Agreement) or any portion thereof without the prior consent of the Authority. As MRM has acquired rights in the Property (as such term is defined in the Shared Facilities Agreement) as the tenant thereof pursuant to the terms, conditions and provisions of that certain Agreement of Lease, dated as of October 29, 2003, by and between the Parties, as subsequently amended, the Authority's prior written consent is not required for the Assignment. This Letter Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together constitute one and the same document. The terms of this Letter Agreement may be modified only by a subsequent letter signed by each Party hereto. THIS LETTER AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO THE CONFLICTS OF LAWS PRINCIPLES THEREOF. If you are in agreement with the foregoing, kindly sign and return to us the enclosed copy of this Letter Agreement. Very truly yours, CATSKILL DEVELOPMENT, L.L.C. By: /s/ Morad Tahbaz -------------------- Name: Morad Tahbaz Title: Pxxxxxxxx Agreed and Accepted: MONTICELLO RACEWAY MANAGEMENT, INC. By: /s/ Clifford A. Ehrlich --------------------------- Name: Clifford A. Ehrlich Tixxx: Xxxxxxxxx SHARED FACILITY LETTER AGREEMENT
Pursuant to Section 15. 1 of the Note Purchase --------- Agreements, the written consent of the Required Holders is required with respect to the amendment of the Note Purchase Agreements. The Purchasers hereby consent (and agree with the Company) to amendments of the Note Purchase Agreements as follows:
Pursuant to Section 15. 5 of the -------------------------- Indenture, the provisions of Article XV of the Indenture with respect to the repurchase of Securities at the option of the Holder upon a Change in Control shall refer to a Change in Control to Parent and Parent common stock (in lieu of the Company and the Common Stock of the Company).
Pursuant to Section 15. 1 of the Lease, Landlord has previously exercised its right to extend the Lease Term for two (2) years to October 31, 2008. The period of time commencing on November 1, 2006 and expiring on October 31, 2008 shall be referred to in this Amendment as the “Two Year Extension Period.” The term “Lease Expiration Date” shall hereafter mean October 31, 2008. Tenant’s option to extend the Lease Term pursuant to Section 15.2 of the Lease remains in effect, subject to the provisions of Section 6 of this Amendment.
