INVESTOR MAY REASONABLY REQUIRE AND SUCH OTHER DOCUMENTS AS MAY BE
REASONABLY REQUESTED BY LENDER.
BORROWER SHALL ALSO FURNISH, AND BORROWER
HEREBY CONSENTS TO LENDER FURNISHING TO SUCH INVESTORS OR SUCH PROSPECTIVE
INVESTORS, ANY AND ALL INFORMATION CONCERNING THE FINANCIAL CONDITION OF
BORROWER AND ANY AND ALL INFORMATION CONCERNING THE PROPERTY AND THE LEASES AS
MAY BE REQUESTED BY LENDER, ANY INVESTOR OR ANY PROSPECTIVE INVESTOR IN
CONNECTION WITH ANY SALE, TRANSFER OR PARTICIPATION INTEREST.
18.
TAXES.
BORROWER HAS FILED ALL FEDERAL, STATE, COUNTY, MUNICIPAL,
AND CITY INCOME AND OTHER TAX RETURNS REQUIRED TO HAVE BEEN FILED BY IT AND HAS
PAID ALL TAXES AND RELATED LIABILITIES WHICH HAVE BECOME DUE PURSUANT TO SUCH
RETURNS OR PURSUANT TO ANY ASSESSMENTS RECEIVED BY IT.
BORROWER HAS ANY
KNOWLEDGE OF ANY BASIS FOR ANY ADDITIONAL ASSESSMENT IN RESPECT OF ANY SUCH
TAXES AND RELATED LIABILITIES FOR PRIOR YEARS.
19.
NOTICES.
ALL NOTICES, DEMANDS, REQUESTS, CONSENTS, APPROVALS OR
OTHER COMMUNICATIONS (ANY OF THE FOREGOING, A "NOTICE") REQUIRED, PERMITTED, OR
DESIRED TO BE GIVEN HEREUNDER SHALL BE IN WRITING SENT BY FACSIMILE OR BY
REGISTERED OR CERTIFIED MAIL, POSTAGE PREPAID, RETURN RECEIPT REQUESTED, OR
DELIVERED BY HAND OR REPUTABLE OVERNIGHT COURIER ADDRESSED TO THE PARTY TO BE SO
NOTIFIED AT ITS ADDRESS HEREINAFTER SET FORTH, OR TO SUCH OTHER ADDRESS AS SUCH
PARTY
10
MAY HEREAFTER SPECIFY IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION 19.
ANY
NOTICE SHALL BE DEEMED TO HAVE BEEN RECEIVED: (A) THREE (3) DAYS AFTER THE DATE
SUCH NOTICE IS MAILED, (B) ON THE DATE OF SENDING BY FACSIMILE IF SENT DURING
BUSINESS HOURS ON A BUSINESS DAY (OTHERWISE ON THE NEXT BUSINESS DAY), (C) ON
THE DATE OF DELIVERY BY HAND IF DELIVERED DURING BUSINESS HOURS ON A BUSINESS
DAY (OTHERWISE ON THE NEXT BUSINESS DAY), AND (D) ON THE NEXT BUSINESS DAY IF
SENT BY AN OVERNIGHT COMMERCIAL COURIER, IN EACH CASE ADDRESSED TO THE PARTIES
AS FOLLOWS:
If to Borrower:
3667 Las Vegas Boulevard South
Las Vegas, Nevada 89109
Attention: Mark Helm, Esq.
Facsimile No.: (702) 785-5936
with a copy to:
Greenberg Traurig, LLP
200 Park Avenue
New York, NY 10166
Attention: Joseph F. Kishel, Esq.
Facsimile No. (212) 801-6400
If to Lender:
Column Financial, Inc.
11 Madison Avenue
New York, New York 10010
Attention: Michael May
Facsimile No. (212) 352-8106
with a copy to:
Column Financial, Inc.
One Madison Avenue
New York, New York 10010
Legal and Compliance Department
Attention: Casey McCutcheon, Esq.
Facsimile No. (917) 326-8433
and a copy to:
Fried, Frank, Harris, Shriver & Jacobson LLP
One New York Plaza
New York, New York 10004
Attention: Jonathan Mechanic, Esq.
Facsimile No.: (212) 859-4000
20.
DUPLICATE ORIGINALS; COUNTERPARTS.
THIS AGREEMENT MAY BE EXECUTED
IN ANY NUMBER OF DUPLICATE ORIGINALS AND EACH DUPLICATE ORIGINAL SHALL BE DEEMED
TO BE AN ORIGINAL.
THIS AGREEMENT MAY BE EXECUTED IN SEVERAL COUNTERPARTS, EACH
OF WHICH COUNTERPARTS SHALL BE DEEMED AN ORIGINAL INSTRUMENT AND ALL OF WHICH
TOGETHER SHALL CONSTITUTE A SINGLE AGREEMENT.
THE FAILURE OF ANY PARTY