1302 Uses in Courts Clause

Courts from Collateral Agency and Intercreditor Agreement

This COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT is dated as of October 26, 2009 and entered into by and among MOHEGAN TRIBAL GAMING AUTHORITY (the Authority), an instrumentality of The Mohegan Tribe of Indians of Connecticut (the Tribe), MOHEGAN BASKETBALL CLUB, LLC (MBC), a limited liability company formed under the laws of the Tribe, MOHEGAN GOLF, LLC (Mohegan Golf), a limited liability company formed under the laws of the Tribe, MOHEGAN COMMERCIAL VENTURES PA, LLC (MCV-PA), a Pennsylvania limited liability company, MOHEGAN VENTURES-NORTHWEST, LLC (Mohegan Ventures-NW), a limited liability company formed under the laws of the Tribe, MOHEGAN VENTURES WISCONSIN, LLC (MVW), a limited liability company formed under the laws of the Tribe, MTGA GAMING, LLC (MTGA Gaming), a Delaware limited liability company, WISCONSIN TRIBAL GAMING, LLC (WTG), a Delaware limited liability company, DOWNS RACING, L.P. (DOWNS RACING), a Pennsylvania limited partnership, BACKSIDE, L.P. (Backside), a Pennsyl

Courts. The Authority and the Tribal Grantors each waive their immunity from unconsented suit to permit any court of competent jurisdiction to (i) enforce and interpret the terms of this Agreement and award and enforce the award of damages against the Authority or the Tribal Grantors owing as a consequence of a breach thereof, whether such award is the product of litigation, administrative proceedings or arbitration, (ii) determine whether any consent or approval of the Authority or the Tribal Grantors has been improperly granted or unreasonably withheld; (iii) enforce any judgment prohibiting the Authority or the Tribal Grantors from taking any action, or mandating or obligating the Authority or the Tribal Grantors to take any action, including a judgment compelling the Authority or the Tribal Grantors to submit to binding arbitration; and (iv) adjudicate any claim under the Indian Civil Rights Act of 1968, 25 U.S.C. SS 1302 (or any successor statute).

Courts from Registration Rights Agreement

This Registration Rights Agreement (this Agreement) is made and entered into as February 8, 2005, by and among the Mohegan Tribal Gaming Authority (the Authority), an instrumentality of The Mohegan Tribe of Indians of Connecticut (the Tribe), Mohegan Basketball Club LLC, Backside, L.P., Downs Racing, L.P., Mill Creek Land, L.P., Mohegan Commercial Ventures PA, LLC and Northeast Concessions, L.P., as guarantors, (the Guarantors and together with the Authority, the Issuers) and Citigroup Global Markets Inc., Banc of America Securities LLC, SG Americas Securities, LLC, Greenwich Capital Markets, Inc., Calyon Securities (USA) Inc., McDonald Investments Inc., Wells Fargo Securities, LLC, and Commerzbank Capital Markets Corp. (each an Initial Purchaser and, collectively the Initial Purchasers), each of whom has agreed to purchase the Authoritys 6 7/8% Senior Subordinated Notes due 2015 (the Notes), pursuant to the Purchase Agreement (as defined below). The Notes will be issued pursuant to an

Courts. The Authority waives its immunity from unconsented suit to permit any court of competent jurisdiction to: (i) enforce and interpret the terms of this Agreement, and award and enforce the award of damages owing as a consequence of a breach thereof, whether such award is the product of litigation, administrative proceedings or arbitration; (ii) determine whether any consent or approval of the Authority has been improperly granted or unreasonably withheld; (iii) enforce any judgment prohibiting the Authority from taking any action, or mandating or obligating the Authority to take any action, including a judgment compelling the Authority to submit to binding arbitration; and (iv) adjudicate any claim under the Indian Civil Rights Act of 1968, 25 U.S.C. SS 1302 (or any successor statute).

Courts from Registration Rights Agreement

This Registration Rights Agreement (this Agreement) is made and entered into as February 8, 2005, by and among the Mohegan Tribal Gaming Authority (the Authority), an instrumentality of The Mohegan Tribe of Indians of Connecticut (the Tribe), Mohegan Basketball Club LLC, Backside, L.P., Downs Racing, L.P., Mill Creek Land, L.P., Mohegan Commercial Ventures PA, LLC and Northeast Concessions, L.P., as guarantors, (the Guarantors and together with the Authority, the Issuers) and Citigroup Global Markets Inc., Banc of America Securities LLC, SG Americas Securities, LLC, Greenwich Capital Markets, Inc., Calyon Securities (USA) Inc., McDonald Investments Inc., Wells Fargo Securities, LLC, and Commerzbank Capital Markets Corp. (each an Initial Purchaser and, collectively the Initial Purchasers), each of whom has agreed to purchase the Authoritys 6 1/8% Senior Notes due 2013 (the Notes), pursuant to the Purchase Agreement (as defined below). The Notes will be issued pursuant to an indenture da

Courts. The Authority waives its immunity from unconsented suit to permit any court of competent jurisdiction to: (i) enforce and interpret the terms of this Agreement, and award and enforce the award of damages owing as a consequence of a breach thereof, whether such award is the product of litigation, administrative proceedings or arbitration; (ii) determine whether any consent or approval of the Authority has been improperly granted or unreasonably withheld; (iii) enforce any judgment prohibiting the Authority from taking any action, or mandating or obligating the Authority to take any action, including a judgment compelling the Authority to submit to binding arbitration; and (iv) adjudicate any claim under the Indian Civil Rights Act of 1968, 25 U.S.C. SS 1302 (or any successor statute).

Courts from Registration Rights Agreement

This Registration Rights Agreement (this Agreement) is made and entered into as August 3, 2004, by and among the Mohegan Tribal Gaming Authority (the Authority), an instrumentality of The Mohegan Tribe of Indians of Connecticut (the Tribe), Mohegan Basketball Club LLC, as guarantor, (the Guarantor and together with the Authority, the Issuers) and Citigroup Global Markets Inc., Banc of America Securities LLC, SG Americas Securities, LLC, Greenwich Capital Markets, Inc., McDonald Investments Inc., Caylon Securities (USA) Inc., Commerzbank Capital Markets Corp. and Wells Fargo Securities, LLC (each an Initial Purchaser and, collectively the Initial Purchasers), each of whom has agreed to purchase the Authoritys 7 1/8% Senior Subordinated Notes due 2014 (the Notes) pursuant to the Purchase Agreement (as defined below). The Notes will be issued pursuant to an indenture dated August 3, 2004, by and among the Issuers, the Tribe and U.S. Bank National Association, as trustee, (the Trustee) rel

Courts. The Authority waives its immunity from unconsented suit to permit any court of competent jurisdiction to: (i) enforce and interpret the terms of this Agreement, and award and enforce the award of damages owing as a consequence of a breach thereof, whether such award is the product of litigation, administrative proceedings or arbitration; (ii) determine whether any consent or approval of the Authority has been improperly granted or unreasonably withheld; (iii) enforce any judgment prohibiting the Authority from taking any action, or mandating or obligating the Authority to take any action, including a judgment compelling the Authority to submit to binding arbitration; and (iv) adjudicate any claim under the Indian Civil Rights Act of 1968, 25 U.S.C. SS 1302 (or any successor statute).