REASONABLY ACCEPTABLE TO AGENT BANK AND
ACCOMPLISHED WITHIN ONE HUNDRED TWENTY (120) DAYS OF THE DATE OF SUCH NOTICE.
SECTION 5.04.
INTENTIONALLY OMITTED.
SECTION 5.05.
NO CHANGE IN CHARACTER OF BUSINESS OR LOCATION OF CHIEF
EXECUTIVE OFFICE.
AT ALL TIMES THROUGHOUT THE TERM OF THE CREDIT FACILITY
(A) THE CHIEF EXECUTIVE OFFICE OF BORROWERS SHALL BE LOCATED AT STATE ROUTE 2,
SOUTH, P.O. BOX 356, CHESTER, WEST VIRGINIA 26034; PROVIDED, HOWEVER, BORROWERS
SHALL BE ENTITLED TO MOVE THEIR CHIEF EXECUTIVE OFFICE TO ANOTHER LOCATION UPON
NO LESS THAN THIRTY (30) DAYS PRIOR WRITTEN NOTICE TO AGENT BANK, (B) THE
HOTEL/CASINO FACILITIES SHALL BE OPERATED BY THE BORROWER CONSOLIDATION, AND
(C) BORROWERS SHALL NOT EFFECT A MATERIAL CHANGE IN THE NATURE AND CHARACTER OF
THE BUSINESS AT THE HOTEL/CASINO FACILITIES AS PRESENTLY CONDUCTED AND AS
PRESENTLY CONTEMPLATED AND DISCLOSED TO BANKS.
SECTION 5.06.
PRESERVATION AND MAINTENANCE OF PROPERTIES AND ASSETS;
ACQUISITION OF ADDITIONAL PROPERTY.
A.
AT ALL TIMES THROUGHOUT THE TERM OF THE CREDIT FACILITY, (I) THE
BORROWER CONSOLIDATION SHALL OPERATE, MAINTAIN AND PRESERVE ALL RIGHTS,
PRIVILEGES, FRANCHISES, LICENSES, GAMING PERMITS AND OTHER PROPERTIES AND ASSETS
NECESSARY TO CONDUCT ITS BUSINESSES AND THE HOTEL/CASINO FACILITIES, IN
ACCORDANCE WITH ALL APPLICABLE GOVERNMENTAL LAWS, ORDINANCES, APPROVALS,
RULES AND REGULATIONS AND REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, ZONING,
SANITARY, POLLUTION, BUILDING, ENVIRONMENTAL AND SAFETY LAWS AND ORDINANCES,
RULES AND REGULATIONS PROMULGATED THEREUNDER, AND (II) BORROWERS SHALL NOT
CONSOLIDATE WITH, REMOVE, DEMOLISH, MATERIALLY ALTER, DISCONTINUE THE USE OF,
SELL, TRANSFER, ASSIGN, HYPOTHECATE OR OTHERWISE DISPOSE OF TO ANY PERSON, ANY
PART OF ITS PROPERTIES AND ASSETS NECESSARY FOR THE CONTINUANCE OF ITS BUSINESS,
AS PRESENTLY CONDUCTED AND AS PRESENTLY CONTEMPLATED, OTHER THAN IN THE NORMAL
COURSE OF
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BUSINESS, ALTERATIONS OR MODIFICATIONS AS ARE REASONABLY EXPECTED TO INCREASE
THE VALUE OF THE COLLATERAL, OR AS OTHERWISE PERMITTED PURSUANT TO THIS CREDIT
AGREEMENT.
B.
FURTHERMORE, IN THE EVENT ANY BORROWER, OR ANY AFFILIATE AND/OR
RELATED ENTITY THEREOF, SHALL ACQUIRE ANY OTHER REAL PROPERTY OR RIGHTS TO THE
USE OF REAL PROPERTY WHICH IS: (I) ADJACENT TO ANY OF THE COLLATERAL PROPERTIES
AND USED IN A MATERIAL MANNER IN CONNECTION WITH THE USE AND/OR OPERATION AT THE
COLLATERAL PROPERTIES, THE HOTEL/CASINO FACILITIES, OR ANY OF THEM, OR (II) IF
NOT SO ADJACENT, NECESSARY AND REQUIRED FOR THE USE AND OPERATION OF SUCH
COLLATERAL PROPERTY, HOTEL/CASINO FACILITIES, OR ANY OF THEM, BORROWERS SHALL
CONCURRENTLY WITH THE ACQUISITION OF SUCH REAL PROPERTY OR THE RIGHTS TO THE USE
OF SUCH REAL PROPERTY, EXECUTE OR CAUSE THE EXECUTION OF SUCH DOCUMENTS AS MAY
BE NECESSARY TO ADD SUCH REAL PROPERTY OR RIGHTS TO THE USE OF REAL PROPERTY AS
COLLATERAL UNDER THE BANK FACILITIES, TOGETHER WITH EACH OF THE NEW ACQUISITION
CERTIFICATIONS.
SECTION 5.07.
REPAIR OF PROPERTIES AND ASSETS.
AT ALL TIMES THROUGHOUT
THE TERM OF THE CREDIT FACILITY, BORROWERS SHALL, AT THEIR OWN COST AND EXPENSE,
(A) MAINTAIN, PRESERVE AND KEEP IN A MANNER CONSISTENT WITH HOTEL AND GAMING
CASINO OPERATING PRACTICES, AS THE CASE MAY BE, APPLICABLE