Common use of SECURED OBLIGATIONS OF DEBTOR Clause in Contracts

SECURED OBLIGATIONS OF DEBTOR. The Collateral secures and shall hereafter secure the following, whether now existing or hereafter incurred: (i) all loans, compensation, fees, expenses and other amounts owing by (a) Debtor to Secured Party or its Affiliates under or with respect to the Operating Note, and each of the other Transaction Documents (as each of such terms are defined in the Management Contract), and (b) the Pawnee Nation and/or Pawnee TDC to Secured Party or its Affiliates under or with respect to the Tribal Agreement or any other document or agreement executed in favor of Secured Party or its Affiliates by Pawnee Nation or Pawnee TDC in connection with the Project, each of the foregoing, whether now existing or hereafter incurred or arising, (ii) any and all sums advanced by Secured Party in order to preserve the Collateral or preserve Secured Party's security interest in the Collateral (or the priority thereof) and (iii) the expenses of retaking, holding, preparing for sale or lease, selling or otherwise disposing of or realizing on the Collateral, of any proceeding for the collection or enforcement of any indebtedness, obligations or liabilities of Debtor referred to above, or of any exercise by Secured Party of its rights hereunder, together with reasonable attorneys' fees and disbursements and court costs (collectively, the "Secured Obligations"); PROVIDED HOWEVER, Secured Party agrees to terminate this Security Agreement upon request if Debtor has satisfied the following conditions: (a) all Secured Obligations have been repaid in full to Secured Party and Secured Party has no further obligation, if any, to make advances under the Management Contract with respect thereto, and (b) the Management Contract has been terminated in accordance with its terms. All payments and performance by Debtor with respect to any Secured Obligations shall be in accordance with the terms under which said indebtedness, obligations and liabilities were or are hereafter incurred or created.

Appears in 3 contracts

Samples: Security Agreement (Lakes Entertainment Inc), Security Agreement (Lakes Entertainment Inc), Security Agreement (Lakes Entertainment Inc)

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SECURED OBLIGATIONS OF DEBTOR. The Collateral secures and shall hereafter secure the following, whether now existing or hereafter incurred: (i) all loans, compensation, fees, expenses and other amounts owing by (a) Debtor to Secured Party or its Affiliates under or with respect to the Operating NotePawnee Notes, the Consulting Contract, this Agreement, and each dominion account agreement, mortgage, or other document or instrument in favor of the other Transaction Documents Secured Party or its Affiliates (as each of such terms are term is defined in the Management Consulting Contract) and related thereto or hereto (collectively, the "Transaction Documents"), and (b) the Pawnee Nation and/or Pawnee TDC to Secured Party or its Affiliates under or with respect to the Tribal Agreement or any other document or agreement executed in favor of Secured Party or its Affiliates by Pawnee Nation or Pawnee TDC in connection with the Project, each of the foregoing, whether now existing or hereafter incurred or arising, (ii) any and all sums advanced by Secured Party in order to preserve the Collateral or preserve Secured Party's security interest in the Collateral (or the priority thereof) and (iii) the expenses of retaking, holding, preparing for sale or lease, selling or otherwise disposing of or realizing on the Collateral, of any proceeding for the collection or enforcement of any indebtedness, obligations or liabilities of Debtor referred to above, or of any exercise by Secured Party of its rights hereunder, together with reasonable attorneys' fees and disbursements and court costs (collectively, the "Secured Obligations"); PROVIDED HOWEVER, Secured Party agrees to terminate this Security Agreement upon request if Debtor has satisfied the following conditions: (a) all Secured Obligations have been repaid in full to Secured Party and Secured Party has no further obligation, if any, to make advances under the Management Consulting Contract with respect thereto, and (b) the Management Consulting Contract has been terminated in accordance with its terms. All payments and performance by Debtor with respect to any Secured Obligations shall be in accordance with the terms under which said indebtedness, obligations and liabilities were or are hereafter incurred or created.

Appears in 3 contracts

Samples: Security Agreement (Lakes Entertainment Inc), Security Agreement (Lakes Entertainment Inc), Security Agreement (Lakes Entertainment Inc)

SECURED OBLIGATIONS OF DEBTOR. The Collateral secures and shall hereafter secure (i) the followingpayment by Debtor to the Holders or Secured Party of all indebtedness now or hereafter owed to the Holders or Secured Party by Debtor in connection with the transactions related to the Notes and the Indenture (the "BOSSIER CITY FINANCING"), whether at stated maturity, by acceleration or otherwise, including, without limitation, Debtor's obligations under the Indenture, the Notes or any related documents securing the obligations thereunder, together with any interest thereon as provided therein, payments for early termination, fees, expenses, increased costs, indemnification or otherwise, in connection therewith and extensions, modifications and renewals thereof, (ii) the perfon-nance by Debtor of all other xxxxxations and the discharge of all other liabilities of Debtor to the Holders or Secured Party of every kind and character arising from the Bossier City Financing, whether direct or indirect, absolute or contingent, due or to become due, now existing or hereafter incurred: arising, joint, several, joint and several (ii.e., solidary), whether or not arising after the commencement of a proceeding under Bankruptcy Law (including postpetition interest) all loans, compensation, fees, expenses and other amounts owing whether or not recovery of any such obligation or liability may be barred by (a) Debtor to Secured Party a statute of limitations or its Affiliates under prescriptive period or with respect to the Operating Notesuch obligation or liability may otherwise be unenforceable, and each of the other Transaction Documents (as each of such terms are defined in the Management Contract), and (b) the Pawnee Nation and/or Pawnee TDC to Secured Party or its Affiliates whether created under or with respect to the Tribal this Security Agreement or any other document or agreement executed in favor of to which Debtor and Secured Party or its Affiliates by Pawnee Nation or Pawnee TDC in connection with the Project, each of the foregoing, whether now existing or hereafter incurred or arisingare parties, (iiiii) any and all sums advanced by Secured Party in order to preserve the Collateral or preserve Secured Party's security interest in the Collateral (or the priority thereof) ), and (iiiiv) the expenses of retaking, holding, preparing for sale or lease, selling or otherwise disposing of or realizing on the Collateral, of any proceeding for the collection or enforcement of any indebtedness, obligations or liabilities of Debtor Secured Party referred to above, or of any exercise by Secured Party of its rights hereunder, together with reasonable attorneys' fees and disbursements and court costs (collectively, the "Secured ObligationsSECURED OBLIGATIONS"); PROVIDED HOWEVER, Secured Party agrees to terminate this Security Agreement upon request if Debtor has satisfied the following conditions: (a) all Secured Obligations have been repaid in full to Secured Party and Secured Party has no further obligation, if any, to make advances under the Management Contract with respect thereto, and (b) the Management Contract has been terminated in accordance with its terms. All payments and performance by Debtor with respect to any Secured Obligations shall be in accordance with the terms under which said indebtedness, obligations and liabilities were or are hereafter incurred or created.

Appears in 1 contract

Samples: Security Agreement (Casino Magic of Louisiana Corp)

SECURED OBLIGATIONS OF DEBTOR. The Collateral secures and shall hereafter secure the following, whether now existing or hereafter incurred: (i) all loans, compensation, fees, expenses and other amounts owing by (a) Debtor to Secured Party or its Affiliates under or with respect to the Operating NoteKTTT Notes, the Consulting Contract, this Agreement, and each dominion account agreement, mortgage, or other document or instrument in favor of the other Transaction Documents Secured Party or its Affiliates (as each of such terms are term is defined in the Management Consulting Contract) and related thereto or hereto (collectively, the "Transaction Documents"), and (b) the Pawnee Nation and/or Pawnee TDC Kickapoo Tribe or its Affiliates to Secured Party or its Affiliates under or with respect to the Tribal Agreement or any other document or agreement executed in favor of Secured Party or its Affiliates by Pawnee Nation or Pawnee TDC in connection with the ProjectProject Facilities, each of the foregoing, whether now existing or hereafter incurred or arising, ; (ii) any and all sums advanced by Secured Party in order to preserve the Collateral or preserve Secured Party's security interest in the Collateral (or the priority thereof) ); and (iii) the expenses of retaking, holding, preparing for sale or lease, selling or otherwise disposing of or realizing on the Collateral, of any proceeding for the collection or enforcement of any indebtedness, obligations or liabilities of Debtor referred to above, or of any exercise by Secured Party of its rights hereunder, together with reasonable attorneys' fees and disbursements and court costs (collectively, the "Secured Obligations"); PROVIDED HOWEVER, Secured Party agrees to terminate this Security Agreement upon request if Debtor has satisfied the following conditions: (a) all Secured Obligations have been repaid in full to Secured Party and Secured Party has no further obligation, if any, to make advances under the Management Consulting Contract with respect thereto, and (b) the Management Consulting Contract has been terminated in accordance with its terms. All payments and performance by Debtor with respect to any Secured Obligations shall be in accordance with the terms under which said indebtedness, obligations and liabilities were or are hereafter incurred or created.

Appears in 1 contract

Samples: Security Agreement (Lakes Entertainment Inc)

SECURED OBLIGATIONS OF DEBTOR. The Collateral secures and shall hereafter secure the following, whether now existing or hereafter incurredsecure: (i) all loans, compensation, fees, expenses and other amounts owing by (a) Debtor to Secured Party or its Affiliates under or with respect to the Development Agreement, the Management Agreement, the Interim Promissory Note, the Facility Note, the Transition Loan, the Facility Loan, the Operating Note, the Indemnity Agreement and each of the other Transaction Documents (as each of such terms are defined in the Development Agreement and Management ContractAgreement), and (b) the Pawnee Nation and/or Pawnee TDC to Secured Party or its Affiliates under or with respect to the Tribal Agreement or any other document or agreement executed in favor of Secured Party or its Affiliates by Pawnee Nation or Pawnee TDC in connection with the Project, each of the foregoing, whether now existing or hereafter incurred or arising, (ii) any and all sums advanced by Secured Party in order to preserve the Collateral or preserve Secured Party's security interest in the Collateral (or the priority thereof) and (iii) the expenses of retaking, holding, preparing for sale or lease, selling or otherwise disposing of or realizing on the Collateral, of any proceeding for the collection or enforcement of any indebtedness, obligations or liabilities of Debtor referred to above, or of any exercise by Secured Party of its rights hereunder, together with reasonable attorneys' fees and disbursements and court costs (collectively, the "Secured ObligationsSECURED OBLIGATIONS"); PROVIDED HOWEVER, Secured Party agrees to terminate this Security Agreement upon request if Debtor has satisfied the following conditions: (a) all Secured Obligations have been repaid in full to Secured Party and Secured Party has no further obligation, if any, to make advances under the Development Agreement and Management Contract Agreement with respect thereto, and (b) at the Management Contract time of the requested termination, no Event of Default has been terminated in accordance with its termsoccurred and continues to exist. All payments and performance by Debtor with respect to any Secured Obligations shall be in accordance with the terms under which said indebtedness, obligations and liabilities were or are hereafter incurred or created.

Appears in 1 contract

Samples: Security Agreement (Lakes Gaming Inc)

SECURED OBLIGATIONS OF DEBTOR. The Collateral secures and shall ----------------------------- hereafter secure (i) the followingpayment by Debtor to the Holders or Secured Party of all indebtedness now or hereafter owed to Secured Party by Debtor in connection with the transactions related to the Notes and the Indenture (the "COAST FINANCING"), whether at stated maturity, by acceleration or otherwise, including, without limitation, Debtor's obligations under the Indenture, the Notes or any related documents securing the obligations thereunder, together with any interest thereon, payments for early termination, fees, expenses, increased costs, indemnification or otherwise, in connection therewith and extensions, modifications and renewals thereof, (ii) the performance by Debtor of all other obligations and the discharge of all other liabilities of Debtor to Secured Party of every kind and character arising from the Coast Financing, whether direct or indirect, absolute or contingent, due or to become due, now existing or hereafter incurred: (i) all loansarising, compensationjoint, fees, expenses several and other amounts owing by (a) Debtor to Secured Party or its Affiliates under or with respect to the Operating Notejoint and several, and each of the other Transaction Documents (as each of such terms are defined in the Management Contract), and (b) the Pawnee Nation and/or Pawnee TDC to Secured Party or its Affiliates whether created under or with respect to the Tribal this Security Agreement or any other document or agreement executed in favor of to which Debtor and Secured Party or its Affiliates by Pawnee Nation or Pawnee TDC in connection with the Project, each of the foregoing, whether now existing or hereafter incurred or arisingare parties, (iiiii) any and all sums advanced by Secured Party in order to preserve the Collateral or preserve Secured Party's security interest in the Collateral (or the priority priority, thereof) and (iiiiv) the expenses of retaking, holding, preparing for sale or lease, selling or otherwise disposing of or realizing on the Collateral, of any proceeding for the collection or enforcement of any indebtedness, obligations or liabilities of Debtor Secured Party referred to above, or of any exercise by Secured Party of its rights hereunder, together with reasonable attorneys' fees and disbursements and court costs (collectively, the "Secured ObligationsSECURED OBLIGATIONS"); PROVIDED HOWEVER, Secured Party agrees to terminate this Security Agreement upon request if Debtor has satisfied the following conditions: (a) all Secured Obligations have been repaid in full to Secured Party and Secured Party has no further obligation, if any, to make advances under the Management Contract with respect thereto, and (b) the Management Contract has been terminated in accordance with its terms. All payments and performance by Debtor with respect to any Secured Obligations shall be in accordance with the terms under which said indebtedness, obligations and liabilities were or are hereafter incurred or created.

Appears in 1 contract

Samples: Security Agreement (Coast Resorts Inc)

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SECURED OBLIGATIONS OF DEBTOR. The Collateral secures and shall hereafter secure the following, whether now existing or hereafter incurred: (i) all loans, compensation, fees, expenses and other amounts owing by (a) Debtor to Secured Party or its Affiliates under or with respect to the Operating Note, and each of the other Transaction Documents (as each of such terms are defined in the Management Contract), and (b) the Pawnee Nation and/or Pawnee TDC Kickapoo Tribe or its Affiliates to Secured Party or of its Affiliates under or with respect to the Tribal Agreement or any other document or agreement executed in favor of Secured Party or its Affiliates by Pawnee Nation or Pawnee TDC in connection with the ProjectAgreement, each of the foregoing, whether now existing or hereafter incurred or arising, ; (ii) any and all sums advanced by Secured Party in order to preserve the Collateral or preserve Secured Party's security interest in the Collateral (or the priority thereof) ); and (iii) the expenses of retaking, holding, preparing for sale or lease, selling or otherwise disposing of or realizing on the Collateral, of any proceeding for the collection or enforcement of any indebtedness, obligations or liabilities of Debtor referred to above, or of any exercise by Secured Party of its rights hereunder, together with reasonable attorneys' fees and disbursements and court costs (collectively, the "Secured Obligations"); PROVIDED HOWEVER, Secured Party agrees to terminate this Security Agreement upon request if Debtor has satisfied the following conditions: (a) all Secured Obligations have been repaid in full to Secured Party and Secured Party has no further obligation, if any, to make advances under the Management Contract with respect thereto, and (b) the Management Contract has been terminated in accordance with its terms. All payments and performance by Debtor with respect to any Secured Obligations shall be in accordance with the terms under which said indebtedness, obligations and liabilities were or are hereafter incurred or created.

Appears in 1 contract

Samples: Security Agreement (Lakes Entertainment Inc)

SECURED OBLIGATIONS OF DEBTOR. The Collateral secures and shall hereafter secure the following, whether now existing or hereafter incurredsecure: (i) all loans, compensation, fees, expenses and other amounts owing by (a) the Debtor to the Secured Party or its Affiliates under or with respect to the Operating Lakes Development Note, the Lakes Facility Note, the Non-Gaming Land Acquisition Line of Credit, the Transition Loan Note, the Minimum Payments Note, the Lakes Working Capital Advance Note and each of the any other Transaction Documents (as each of such terms are defined in the Development Agreement) and the Management ContractFee (as such term is defined in the Management Agreement), and (b) together with any costs, expenses or other amounts hereafter owing by the Pawnee Nation and/or Pawnee TDC Debtor to the Secured Party or its Affiliates under or with respect pursuant to the Tribal terms of this Agreement, the Development Agreement, the Management Agreement or any other document or agreement executed in favor of Secured Party or its Affiliates by Pawnee Nation or Pawnee TDC in connection with the ProjectTransaction Documents, each of the foregoing, whether now existing or hereafter incurred or arising, and, without limiting the generality of the foregoing; (ii) any and all sums advanced by Secured Party in order to preserve the Collateral or preserve Secured Party's security interest in the Collateral (or the priority thereof) and (iii) after and during the continuance of an Event of Default, the expenses of retaking, holding, preparing for sale or lease, selling or otherwise disposing of or realizing on the Collateral, of any proceeding for the collection or enforcement of any indebtedness, obligations or liabilities of Debtor referred to above, or of any exercise by Secured Party of its rights hereunder, together with reasonable attorneys' fees and disbursements and court costs (collectively, the "Secured ObligationsSECURED OBLIGATIONS"); PROVIDED HOWEVER, Secured Party agrees to terminate this Security Agreement upon request if Debtor has satisfied the following conditions: (a) all Secured Obligations have been repaid in full to Secured Party and Secured Party has no further obligation, if any, to make advances under the Management Contract with respect thereto, and (b) the Management Contract has Transaction Documents have been terminated in accordance with its their terms. All payments and performance by Debtor with respect to any Secured Obligations shall be in accordance with the terms under which said indebtedness, obligations and liabilities were or are hereafter incurred or created.

Appears in 1 contract

Samples: Security Agreement (Lakes Entertainment Inc)

SECURED OBLIGATIONS OF DEBTOR. The Collateral secures and shall hereafter secure the following, whether now existing or hereafter incurredsecure: (i) all loans, compensation, fees, expenses and other amounts owing by (a) the Debtor to the Secured Party or its Affiliates under or with respect to the Operating Lakes Development Note, the Lakes Facility Note, the Non-Gaming Land Acquisition Line of Credit, the Transition Loan Note, the Working Capital Advance Note and each the Management Fees, together with any costs, expenses or other amounts hereafter owing by the Debtor to the Secured Party pursuant to the terms of the other Transaction Documents (as each of such terms are defined in the Development or Management Contract), and (b) the Pawnee Nation and/or Pawnee TDC to Secured Party or its Affiliates under or with respect to the Tribal Agreement Agreements or any other document or agreement executed in favor of Secured Party or its Affiliates by Pawnee Nation or Pawnee TDC in connection with the ProjectTransaction Documents, each of the foregoing, whether now existing or hereafter incurred or arising, ; (ii) any and all sums advanced by Secured Party in order to preserve the Collateral or preserve Secured Party's security interest in the Collateral (or the priority thereof) and (iii) after and during the continuance of an Event of Default, the expenses of retaking, holding, preparing for sale or lease, selling or otherwise disposing of or realizing on the Collateral, of any proceeding for the collection or enforcement of any indebtedness, obligations or liabilities of Debtor referred to above, or of any exercise by Secured Party of its rights hereunder, together with reasonable attorneys' fees and disbursements and court costs (collectively, the "Secured ObligationsSECURED OBLIGATIONS"); PROVIDED HOWEVER, Secured Party agrees to terminate this Security Agreement upon request if Debtor has satisfied the following conditions: (a) all Secured Obligations have been repaid in full to Secured Party and Secured Party has no further obligation, if any, to make advances under the Management Contract with respect thereto, and (b) the Management Contract has Transaction Documents have been terminated in accordance with its their terms. All payments and performance by Debtor with respect to any Secured Obligations shall be in accordance with the terms under which said indebtedness, obligations and liabilities were or are hereafter incurred or created.

Appears in 1 contract

Samples: Security Agreement (Lakes Entertainment Inc)

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