JUDGMENT OF THE BOARD OF DIRECTORS, WHICH ARE
SUBSTANTIALLY RELATED THERETO OR ARE REASONABLE EXTENSIONS THEREOF), (II) THOSE
TYPES OF BUSINESSES AS OTHERWISE CONTEMPLATED IN THE CONFIDENTIAL INFORMATION
MEMORANDUM OR (III) OTHER GAMING BUSINESS AND THE PROPERTIES OR ASSETS ANCILLARY
THERETO OR USED IN CONNECTION THEREWITH, INCLUDING, WITHOUT LIMITATION, CASINOS,
HOTELS, RESORTS, RACE TRACKS, THEATERS, PARKING FACILITIES, RECREATIONAL VEHICLE
PARKS, TIMESHARE OPERATIONS, CONDOMINIUMS, RETAIL SHOPS, RESTAURANTS, OTHER
BUILDINGS, LAND, GOLF COURSES AND OTHER RECREATION AND ENTERTAINMENT FACILITIES,
MARINAS, VESSELS, BARGES, SHIPS AND RELATED EQUIPMENT.
126
SECTION 6.16
LIMITATION ON ACCOUNTING CHANGES. MAKE OR PERMIT ANY
CHANGE IN ACCOUNTING POLICIES OR REPORTING PRACTICES, WITHOUT THE CONSENT OF THE
REQUIRED LENDERS, WHICH CONSENT SHALL NOT BE UNREASONABLY WITHHELD, EXCEPT
CHANGES THAT ARE REQUIRED BY GAAP.
SECTION 6.17
FISCAL YEAR. CHANGE ITS FISCAL YEAR-END TO A DATE
OTHER THAN DECEMBER 31.
SECTION 6.18
EXCLUDED SUBSIDIARIES. BORROWER WILL NOT PERMIT ANY
EXCLUDED SUBSIDIARY TO (X) ENGAGE IN ANY BUSINESS, (Y) OWN ANY (I) GAMING
LICENSES OR (II) ASSETS (INCLUDING, WITHOUT LIMITATION, CASH AND CASH
EQUIVALENTS) OTHER THAN ASSETS WITH A BOOK VALUE NOT EXCEEDING (I) $1,000,000 OR
(II) WHEN COMBINED WITH THE AGGREGATE BOOK VALUE OF ALL ASSETS OWNED BY EACH
OTHER EXCLUDED SUBSIDIARY, 5% OF THE AGGREGATE BOOK VALUE OF ALL ASSETS OWNED BY
BORROWER AND ITS SUBSIDIARIES ON A CONSOLIDATED BASIS AT ANY TIME, OR (Z) HAVE
ANY LIABILITIES; PROVIDED THAT ANY EXCLUDED SUBSIDIARY MAY ENGAGE IN THOSE
ACTIVITIES THAT ARE INCIDENTAL TO (X) THE MAINTENANCE OR TERMINATION OF ITS
CORPORATE EXISTENCE IN COMPLIANCE WITH APPLICABLE LAW AND (Y) LEGAL, TAX AND
ACCOUNTING MATTERS IN CONNECTION WITH ANY OF THE FOREGOING ACTIVITIES.
SECTION 6.19
NO FURTHER NEGATIVE PLEDGE. ENTER INTO ANY AGREEMENT,
INSTRUMENT, DEED OR LEASE WHICH PROHIBITS OR LIMITS THE ABILITY OF ANY LOAN
PARTY TO CREATE, INCUR, ASSUME OR SUFFER TO EXIST ANY LIEN UPON ANY OF THEIR
RESPECTIVE PROPERTIES OR REVENUES, WHETHER NOW OWNED OR HEREAFTER ACQUIRED, OR
WHICH REQUIRES THE GRANT OF ANY SECURITY FOR AN OBLIGATION IF SECURITY IS
GRANTED FOR ANOTHER OBLIGATION, EXCEPT THE FOLLOWING:
(1) THIS AGREEMENT AND
THE OTHER LOAN DOCUMENTS; (2) COVENANTS IN DOCUMENTS CREATING LIENS PERMITTED BY
SECTION 6.02 PROHIBITING FURTHER LIENS ON THE PROPERTIES ENCUMBERED THEREBY;
(3) THE SENIOR NOTE DOCUMENTS AS IN EFFECT ON THE CLOSING DATE; (4) ANY OTHER
AGREEMENT THAT DOES NOT RESTRICT IN ANY MANNER (DIRECTLY OR INDIRECTLY) LIENS
CREATED PURSUANT TO THE LOAN DOCUMENTS ON ANY COLLATERAL SECURING THE SECURED
OBLIGATIONS AND DOES NOT REQUIRE THE DIRECT OR INDIRECT GRANTING OF ANY LIEN
SECURING ANY INDEBTEDNESS OR OTHER OBLIGATION BY VIRTUE OF THE GRANTING OF LIENS
ON OR PLEDGE OF PROPERTY OF ANY LOAN PARTY TO SECURE THE SECURED OBLIGATIONS;
AND (5) ANY PROHIBITION OR LIMITATION THAT (A) EXISTS PURSUANT TO APPLICABLE
REQUIREMENTS OF LAW, (B) CONSISTS OF CUSTOMARY RESTRICTIONS AND CONDITIONS
CONTAINED IN ANY AGREEMENT RELATING TO THE SALE OF ANY PROPERTY PERMITTED UNDER
SECTION 6.06 PENDING THE CONSUMMATION OF SUCH SALE, (C) RESTRICTS SUBLETTING OR
ASSIGNMENT OF ANY LEASE GOVERNING A LEASEHOLD INTEREST