THE
CREDIT AGREEMENT AND EACH OF THE LOAN DOCUMENTS, TO THE EXTENT WHICH MAY BE
REQUIRED BY THE WEST VIRGINIA GAMING AUTHORITIES; AND
B.
BORROWERS SHALL COMPLY IN ALL MATERIAL RESPECTS WITH ALL
APPLICABLE STATUTES, RULES AND REGULATIONS REQUIRING REPORTS AND DISCLOSURES TO
ALL APPLICABLE GAMING AUTHORITIES, INCLUDING, BUT NOT 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.
93
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 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