LIMITED
TO, REPORTING THIS CREDIT FACILITY TRANSACTION, WITHIN THE TIME PERIOD REQUIRED
BY REGULATION 8.130(2) OF THE REGULATIONS OF NEVADA GAMING COMMISSION AND STATE
GAMING CONTROL BOARD AND AS MAY BE REQUIRED BY THE WEST VIRGINIA GAMING
AUTHORITIES.
SECTION 5.19.
TRADENAMES, TRADEMARKS AND
SERVICEMARKS.
BORROWERS SHALL NOT ASSIGN OR IN ANY OTHER MANNER ALIENATE THEIR
RESPECTIVE INTERESTS IN ANY MATERIAL TRADENAMES, TRADEMARKS OR SERVICEMARKS
RELATING OR PERTAINING TO THE HOTEL/CASINO FACILITIES DURING THE TERM OF THE
CREDIT FACILITY.
NO BORROWER SHALL CHANGE ITS NAME WITHOUT FIRST GIVING AT
LEAST THIRTY (30) DAYS PRIOR WRITTEN NOTICE TO AGENT BANK.
SECTION 5.20.
NOTICE OF HAZARDOUS MATERIALS.
WITHIN
TEN (10) DAYS AFTER AN EXECUTIVE OFFICER OF ANY OF THE BORROWERS SHALL HAVE
OBTAINED ACTUAL KNOWLEDGE THEREOF, BORROWERS SHALL PROMPTLY ADVISE AGENT BANK
AND EACH OF THE LENDERS IN WRITING OF AND DELIVER A COPY OF: (A) ANY AND ALL
ENFORCEMENT, CLEAN-UP, REMOVAL OR OTHER GOVERNMENTAL OR REGULATORY ACTIONS
INSTITUTED OR THREATENED BY ANY GOVERNMENTAL AGENCY PURSUANT TO ANY APPLICABLE
FEDERAL, STATE OR LOCAL LAWS, ORDINANCES OR REGULATIONS RELATING TO ANY
HAZARDOUS MATERIALS (AS DEFINED IN THE ENVIRONMENTAL CERTIFICATE) AFFECTING THE
COLLATERAL PROPERTIES ("HAZARDOUS MATERIALS LAWS"); (B) ALL WRITTEN CLAIMS MADE
OR THREATENED BY ANY THIRD PARTY AGAINST BORROWERS, THE COLLATERAL PROPERTIES,
THE HOTEL/CASINO FACILITIES, OR ANY OF THEM, RELATING TO DAMAGE, CONTRIBUTION,
COST RECOVERY COMPENSATION, LOSS OR INJURY RESULTING FROM ANY HAZARDOUS
MATERIALS (THE MATTERS SET FORTH IN CLAUSES (A) AND (B) ABOVE ARE HEREINAFTER
REFERRED TO AS "HAZARDOUS MATERIALS CLAIMS"); AND (C) THE DISCOVERY OF ANY
OCCURRENCE OR CONDITION ON ANY REAL PROPERTY ADJOINING OR IN THE VICINITY OF THE
COLLATERAL PROPERTIES, THE HOTEL/CASINO FACILITIES, OR ANY
94
OF THEM, THAT COULD CAUSE ANY BORROWER OR ANY PART THEREOF TO BE HELD LIABLE
UNDER THE PROVISIONS OF, OR TO BE OTHERWISE SUBJECT TO ANY RESTRICTIONS ON THE
OWNERSHIP, OCCUPANCY, TRANSFERABILITY OR USE OF THE COLLATERAL PROPERTIES OR THE
HOTEL/CASINO FACILITIES UNDER, ANY HAZARDOUS MATERIALS LAWS.
SECTION 5.21.
COMPLIANCE WITH ACCESS LAWS.
A.
BORROWERS AGREE THAT BORROWERS, THE
HOTEL/CASINO FACILITIES AND THE COLLATERAL PROPERTIES SHALL AT ALL TIMES
STRICTLY COMPLY WITH THE REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT OF
1990; THE FAIR HOUSING AMENDMENTS ACT OF 1988; AND OTHER FEDERAL, STATE OR LOCAL
LAWS OR ORDINANCES RELATED TO DISABLED ACCESS; OR ANY STATUTE, RULE, REGULATION,
ORDINANCE, ORDER OF GOVERNMENTAL AUTHORITIES, OR ORDER OR DECREE OF ANY COURT
ADOPTED OR ENACTED WITH RESPECT THERETO, AS NOW EXISTING OR HEREAFTER AMENDED OR
ADOPTED (COLLECTIVELY, THE "ACCESS LAWS"), AS MAY BE APPLICABLE TO THE
RESPECTIVE HOTEL/CASINO FACILITIES.
AT ANY TIME, AGENT BANK MAY REQUIRE A
CERTIFICATE OF COMPLIANCE WITH THE ACCESS LAWS AND INDEMNIFICATION AGREEMENT IN
A FORM REASONABLY ACCEPTABLE TO AGENT BANK.
AGENT BANK MAY ALSO REQUIRE A
CERTIFICATE OF COMPLIANCE WITH THE ACCESS LAWS FROM AN ARCHITECT, ENGINEER, OR
OTHER THIRD PARTY ACCEPTABLE TO AGENT BANK.
B.
NOTWITHSTANDING ANY PROVISIONS SET FORTH
HEREIN OR IN ANY OTHER DOCUMENT, BORROWERS SHALL NOT ALTER OR PERMIT ANY TENANT
OR OTHER PERSON TO ALTER THE