LIMITED TO, ALL OF LENDER'S COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S
FEES AND DISBURSEMENTS) INCURRED BY LENDER IN CONNECTION WITH SUCH PREPAYMENTS.
(IV)
DEPOSIT TO INTEREST RESERVE.
WITHIN TEN (10)
DAYS FOLLOWING BORROWERS' DELIVERY OF A STOP NOTICE, BORROWERS SHALL DELIVER TO
LENDER, FOR DEPOSIT INTO THE INTEREST RESERVE ACCOUNT AND THEREAFTER TO
CONSTITUTE A PORTION OF THE INTEREST RESERVE FUND FOR ALL PURPOSES UNDER THIS
AGREEMENT AND THE OTHER LOAN DOCUMENTS, AN AMOUNT REASONABLY DETERMINED BY
LENDER THAT, WHEN ADDED TO THE THEN EXISTING INTEREST RESERVE FUND, IS
SUFFICIENT TO PAY DEBT SERVICE ON THE LOAN THROUGH THE REVISED MATURITY DATE, AT
AN INTEREST RATE EQUAL TO THE STRIKE PRICE PLUS THE SPREAD, TAKING INTO ACCOUNT
THE REASONABLY ANTICIPATED NET CASH FLOW (AND ANY INTERRUPTION THEREOF OR
ADVERSE IMPACT THEREON AS A RESULT OF STOPPING CONSTRUCTION AND RESTORING THE
PROPERTIES AS CONTEMPLATED BY THIS SECTION 3.22) FOR THE PERIOD FOLLOWING
DELIVERY OF THE STOP NOTICE AND ENDING ON THE REVISED MATURITY DATE.
IN
FURTHERANCE OF THE FOREGOING, LENDER AGREES THAT BORROWERS SHALL HAVE THE RIGHT
TO USE ANY EXISTING PORTION OF THE GENERAL RESERVE FUND TO COVER THE FOREGOING
AMOUNT OR ANY PORTION THEREOF.
(B)
REVERSION OF MATURITY DATE TO NON-QUALIFIED
INITIAL MATURITY DATE.
SIMULTANEOUSLY WITH THE DELIVERY OF A STOP NOTICE, THE
INITIAL MATURITY DATE SHALL, WITHOUT NOTICE TO OR CONSENT OF ANY BORROWER OR ANY
OTHER PERSON, AUTOMATICALLY AND FOR ALL PURPOSES, REVERT FROM THE QUALIFIED
INITIAL MATURITY DATE TO THE NON-QUALIFIED INITIAL MATURITY DATE (THE "REVISED
MATURITY DATE").
(C)
COMPLETION OF RESTORATION.
UPON COMPLETION
OF THE RESTORATION OF THE ADJACENT PROPERTY AND THE HOTEL/CASINO PROPERTY AS
CONTEMPLATED IN SECTION 3.22(A)(II) HEREOF, BORROWERS SHALL FURNISH TO LENDER
THE FOLLOWING:
(I) A NOTICE FROM BORROWERS INFORMING LENDER THAT SUCH
RESTORATION HAS BEEN COMPLETED (A "RESTORATION COMPLETION NOTICE"), (II)
CONFIRMATION FROM THE CONSTRUCTION CONSULTANT THAT SUCH RESTORATION HAS BEEN
FULLY COMPLETED SUBSTANTIALLY IN ACCORDANCE WITH ALL LEGAL REQUIREMENTS, ALL
MATERIAL PERMITTED ENCUMBRANCES AND THIS AGREEMENT, (III) COPIES OF ANY MATERIAL
GOVERNMENTAL APPROVALS NEEDED TO CONFIRM COMPLETION OF SUCH RESTORATION, (IV)
EVIDENCE SATISFACTORY TO LENDER THAT ALL SUMS DUE IN CONNECTION WITH THE
CONSTRUCTION OF THE PROJECT AND/OR SUCH RESTORATION HAVE BEEN PAID IN FULL, AS
EVIDENCED BY (A) WITH RESPECT TO ANY PARTY WITH LIEN RIGHTS, AN EXECUTED LIEN
WAIVER IN THE FORM ATTACHED HERETO AS EXHIBIT L-4, OR (B) WITH RESPECT TO ANY
PARTY WITHOUT LIEN RIGHTS, AN INVOICE AND PROOF OF PAYMENT OR SUCH OTHER
EVIDENCE OF PAYMENT AS SHALL BE REASONABLY SATISFACTORY TO LENDER, AND (V)
EVIDENCE SATISFACTORY TO LENDER THAT, EXCEPT FOR ANY LIEN THEN BEING CONTESTED
PURSUANT TO, AND IN ACCORDANCE WITH, SECTION 3.6(B) OF THE MORTGAGE, NO PARTY
CLAIMS OR HAS A RIGHT TO CLAIM ANY STATUTORY OR COMMON LAW LIEN ARISING OUT OF
THE CONSTRUCTION OF THE PROJECT OR SUCH RESTORATION OR THE SUPPLYING OF LABOR,
MATERIAL AND/OR SERVICES IN CONNECTION THEREWITH.
(D)
PAYMENT OF FEES AND EXPENSES.
WITHOUT
LIMITING THE GENERALITY OF SECTION 10.13 HEREOF, WHICH SHALL APPLY THROUGHOUT
THE