PRO RATA SHARES OF FUNDED OUTSTANDINGS SUCH THAT THE PRO RATA SHARES OF EACH
LENDER IN THE AGGREGATE COMMITMENT SHALL BE IDENTICAL TO ITS PRO RATA SHARE OF
THE FUNDED OUTSTANDINGS.
THE AGENT BANK SHALL PROMPTLY THEREAFTER PREPARE AND
CIRCULATE TO BORROWER AND THE BANKS A REVISED SCHEDULE OF LENDERS' PROPORTIONS
IN CREDIT FACILITY REFLECTING SUCH INCREASED AGGREGATE COMMITMENT AND THE
REVISED PRO RATA SHARES OF THE LENDERS IN THE CREDIT FACILITY, AND SUCH REVISED
SCHEDULE OF LENDERS' PROPORTIONS IN CREDIT FACILITY SHALL SUPERSEDE AND REPLACE
THE THEN EXISTING SCHEDULE OF LENDERS' PROPORTIONS IN CREDIT FACILITY.
SECTION 2.02.
USE OF PROCEEDS OF THE CREDIT FACILITY.
AVAILABLE
BORROWINGS SHALL BE USED FOR THE PURPOSES OF:
(A)
ON THE RESTATEMENT EFFECTIVE DATE (COLLECTIVELY THE "CLOSING
DISBURSEMENTS"):
(I)
REIMBURSING THE EXISTING LENDERS FOR THEIR RESPECTIVE PRO RATA
SHARES OF ALL LOANS, ADVANCES, ACCRUED INTEREST, FEES AND OTHER OBLIGATIONS
OUTSTANDING UNDER THE EXISTING BANK LOAN AS OF THE RESTATEMENT EFFECTIVE DATE;
AND
(II)
PAYING IN FULL THE FEES DUE AGENT BANK AS SET FORTH IN THE FEE SIDE
LETTER, THE COSTS, FEES AND EXPENSES OF TITLE COMPANY INCURRED IN CONNECTION
WITH THE ISSUANCE OF THE TITLE POLICY ENDORSEMENTS, THE REASONABLE COSTS, FEES
AND EXPENSES OF HENDERSON & MORGAN, LLC, ATTORNEYS FOR AGENT BANK, AND
40
INSURANCE CONSULTANTS RETAINED BY THEM INCURRED TO THE RESTATEMENT EFFECTIVE
DATE.
(B)
DURING THE REVOLVING CREDIT PERIOD:
(I)
FUNDING WORKING CAPITAL NEEDS AND GENERAL CORPORATE PURPOSES OF THE
BORROWER RELATING TO THE HOTEL/CASINO FACILITY;
(II)
FUNDING ONGOING CAPITAL EXPENDITURE REQUIREMENTS OF THE BORROWER
RELATING TO THE HOTEL/CASINO FACILITY; AND
(III)
FUNDING REPAYMENT OF SWINGLINE ADVANCES AS PROVIDED IN SECTION 2.08.
SECTION 2.03.
NOTICE OF BORROWINGS.
(A)
AN AUTHORIZED OFFICER OF BORROWER MAY GIVE AGENT BANK, NO LATER THAN
11:00 A.M. ON ANY BANKING BUSINESS DAY AT AGENT BANK'S OFFICE SPECIFIED IN
SECTION 2.07, THREE (3) FULL BANKING BUSINESS DAYS PRIOR WRITTEN NOTICE IN THE
FORM OF THE NOTICE OF BORROWING ("NOTICE OF BORROWING"), A COPY OF WHICH IS
MARKED "EXHIBIT C", AFFIXED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN AND
MADE A PART HEREOF, FOR EACH PROPOSED BORROWING TO BE MADE WITH REFERENCE TO A
LIBO RATE AND AT LEAST ONE (1) FULL BANKING BUSINESS DAYS PRIOR NOTICE FOR ALL
OTHER BORROWINGS, SPECIFYING THE DATE AND AMOUNT OF EACH PROPOSED BORROWING.
AGENT BANK SHALL GIVE PROMPT NOTICE OF EACH NOTICE OF BORROWING TO LENDERS OF
THE AMOUNT TO BE FUNDED AND SPECIFYING THE FUNDING DATE.
NOT LATER THAN
11:00 A.M. ON THE FUNDING DATE SPECIFIED, EACH LENDER SHALL DISBURSE TO AGENT
BANK ITS PRO RATA SHARE OF THE AMOUNT TO BE ADVANCED BY EACH SUCH LENDER IN
LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN IMMEDIATELY AVAILABLE
FUNDS.
AGENT BANK SHALL MAKE THE PROCEEDS OF SUCH FUNDINGS THAT IT RECEIVES
FROM THE LENDERS ON OR BEFORE 11:00 A.M. AVAILABLE TO BORROWER BY DEPOSITING,
PRIOR TO 1:00 P.M. ON THE DAY SO RECEIVED (BUT NOT PRIOR TO THE FUNDING DATE),
THE AMOUNTS RECEIVED FROM THE LENDERS IN THE