AT WHICH TIME THE AGGREGATE TERM LOAN COMMITMENT
SHALL BE INCREASED BY THE AMOUNT OF SUCH PREPAYMENT, AND (B) UPON FULL PAYMENT
OF ALL OUTSTANDING AMOUNTS OF PRINCIPAL AND INTEREST OWING IT, SUCH UNSUITABLE
LENDER SHALL EXECUTE SUCH DOCUMENTS AS MAY BE REQUIRED BY ADMINISTRATIVE AGENT,
THE BORROWER OR ANY APPLICABLE GAMING AUTHORITY TO EVIDENCE THAT SUCH UNSUITABLE
LENDER NO LONGER RETAINS ANY INTEREST UNDER THE CREDIT DOCUMENTS (OTHER THAN
PROVISIONS THAT EXPRESSLY SURVIVE THE REPAYMENT IN FULL OF THE OBLIGATIONS).
NO
CREDIT PARTY SHALL BE REQUIRED TO PAY OR REIMBURSE ANY UNSUITABLE LENDER IN
APPLYING FOR A LICENSE, QUALIFICATION OR A FINDING OF SUITABILITY.
(E)
NOTWITHSTANDING ANYTHING ELSE TO THE
CONTRARY CONTAINED HEREIN, ANY LENDER MAY ANY TIME PLEDGE ITS TERM LOANS AND
SUCH LENDER'S RIGHTS UNDER THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS TO A
FEDERAL RESERVE BANK AND, IN THE CASE OF ANY LENDER THAT IS A FUND, TO ITS
TRUSTEE FOR THE BENEFIT OF ITS INVESTORS; PROVIDED, THAT NO SUCH PLEDGE TO A
FEDERAL RESERVE BANK (OR IN THE CASE OF ANY LENDER THAT IS A FUND, TO ITS
TRUSTEE FOR THE BENEFIT OF ITS INVESTORS) SHALL RELEASE SUCH LENDER FROM SUCH
LENDER'S OBLIGATIONS HEREUNDER OR UNDER ANY OTHER CREDIT
DOCUMENT.
87
SECTION 10.5.
LENDERS' OBLIGATIONS SEVERAL; INDEPENDENT
NATURE OF LENDERS' RIGHTS.
THE OBLIGATION OF EACH LENDER HEREUNDER IS SEVERAL
AND NOT JOINT AND NEITHER ADMINISTRATIVE AGENT NOR ANY LENDER SHALL BE
RESPONSIBLE FOR THE OBLIGATION OF ANY OTHER LENDER HEREUNDER.
NOTHING CONTAINED
IN ANY LOAN DOCUMENT AND NO ACTION TAKEN BY ADMINISTRATIVE AGENT OR ANY LENDER
PURSUANT HERETO OR THERETO SHALL BE DEEMED TO CONSTITUTE LENDERS TO BE A
PARTNERSHIP, AN ASSOCIATION, A JOINT VENTURE OR ANY OTHER KIND OF ENTITY.
THE
AMOUNTS PAYABLE AT ANY TIME HEREUNDER TO EACH LENDER SHALL BE A SEPARATE AND
INDEPENDENT DEBT, AND, PROVIDED ADMINISTRATIVE AGENT FAILS OR REFUSES TO
EXERCISE ANY INDEPENDENT DEBT, AND, PROVIDED ADMINISTRATIVE AGENT FAILS OR
REFUSES TO EXERCISE ANY REMEDIES AGAINST THE BORROWER AFTER RECEIVING THE
DIRECTION OF THE LENDERS, EACH LENDER SHALL BE ENTITLED TO PROTECT AND ENFORCE
ITS RIGHTS ARISING OUT OF THIS AGREEMENT AND IT SHALL NOT BE NECESSARY FOR ANY
OTHER LENDER TO BE JOINED AS AN ADDITIONAL PARTY IN ANY PROCEEDING FOR SUCH
PURPOSE.
SECTION 10.6.
INTEGRATION.
THIS AGREEMENT AND THE OTHER
LOAN DOCUMENTS CONTAIN AND CONSTITUTE THE ENTIRE AGREEMENT OF THE PARTIES WITH
RESPECT TO THE SUBJECT MATTER HEREOF AND SUPERSEDE ALL PRIOR NEGOTIATIONS,
AGREEMENTS AND UNDERSTANDINGS, WHETHER WRITTEN OR ORAL, OF THE PARTIES HERETO.
SECTION 10.7.
NO WAIVER; REMEDIES.
NO FAILURE OR DELAY
BY ANY PARTY IN EXERCISING ANY RIGHT, POWER OR PRIVILEGE UNDER THIS AGREEMENT OR
ANY OF THE OTHER LOAN DOCUMENTS WILL OPERATE AS A WAIVER OF SUCH RIGHT, POWER OR
PRIVILEGE.
A SINGLE OR PARTIAL EXERCISE OF ANY RIGHT, POWER OR PRIVILEGE WILL
NOT PRECLUDE ANY OTHER OR FURTHER EXERCISE OF THE RIGHT, POWER OR PRIVILEGE OR
THE EXERCISE OF ANY OTHER RIGHT, POWER OR PRIVILEGE.
THE RIGHTS AND REMEDIES
PROVIDED IN THE