CREDIT AGREEMENT among MESQUITE GAMING, LLC, as Borrower, The Several Lenders from Time to Time Parties Hereto, CANTOR FITZGERALD SECURITIES, as Collateral Agent and CANTOR FITZGERALD SECURITIES, as Administrative Agent Dated as of August 1, 2011Credit Agreement • November 21st, 2011 • NGA Holdco, LLC • Investors, nec • New York
CREDIT AGREEMENT, dated as of August 1, 2011, among MESQUITE GAMING, LLC, a Nevada limited liability company (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (the “Lenders”), CANTOR FITZGERALD SECURITIES, as collateral agent (in such capacity, the “Collateral Agent”), and CANTOR FITZGERALD SECURITIES, as administrative agent (in such capacity, the “Administrative Agent”).
OPERATING AGREEMENT OF MESQUITE GAMING, LLC A Nevada Limited-liability CompanyOperating Agreement • November 21st, 2011 • NGA Holdco, LLC • Investors, nec • Nevada
THIS OPERATING AGREEMENT (hereinafter referred to as this “Agreement”) is dated July 1, 2011 for purposes of reference only, to be effective as set forth in Section 1.1, and is made and entered into by and between the parties executing this Agreement as Members. The term “Members” as used in this Agreement refers to all members of the limited-liability company, including the foregoing parties, their substituted members and any additional members hereafter admitted to the Company. It is the intent of the Members that the Company shall always be operated in a manner consistent with its treatment as a “partnership” for federal and state tax purposes, but that the Company shall never be operated or treated as a “partnership” for purposes of Section 303 of the Bankruptcy Code. Unless otherwise specifically stated in this Agreement, capitalized terms shall have the meanings set forth in Exhibit “A” attached hereto and by this reference incorporated into this Agreement.
