YEAR, PROJECTED CONSOLIDATED
FINANCIAL STATEMENTS FOR THE BORROWER AND GUARANTORS FOR THE SUCCEEDING FISCAL
YEAR, WHICH SHALL INCLUDE (I) A PROJECTED CONSOLIDATED BALANCE SHEET,
(II) PROJECTED CONSOLIDATED STATEMENTS OF INCOME AND RETAINED EARNINGS, (III) A
PROJECTED CONSOLIDATED STATEMENT OF CASH FLOW, (IV) PROJECTED CAPITAL
EXPENDITURES, (V) PROJECTED DISTRIBUTIONS EXPECTED TO BE PERMITTED UNDER THE
TERMS HEREOF (THAT DO NOT OTHERWISE CONSTITUTE AN EXPENSE OR CAPITAL EXPENDITURE
OF THE BORROWER AND THE GUARANTORS), AND (VI) QUARTERLY PROJECTIONS OF THE
BORROWER'S COMPLIANCE WITH THE COVENANTS SET FORTH IN SECTIONS 5.9, 5.10, 5.11,
AND 5.12 (FOR EACH FISCAL YEAR, THE "PROJECTIONS").
(D)
AUDITORS' REPORTS. PROMPTLY FOLLOWING RECEIPT BY THE BORROWER,
COPIES OF ANY SECURITY AUDITS AND DETAILED AUDIT REPORTS OR RECOMMENDATIONS
SUBMITTED TO THE BORROWER BY INDEPENDENT ACCOUNTANTS IN CONNECTION WITH THE
ACCOUNTS OR BOOKS OF THE BORROWER AND THE GUARANTORS OR ANY AUDIT OF THE
CONSOLIDATED FINANCIAL STATEMENTS OF BORROWER AND THE GUARANTORS;
(E)
REPORTS TO GOVERNMENTAL AUTHORITIES. PROMPTLY, AND IN ANY EVENT
NOT LATER THAN FIVE DAYS AFTER THE OCCURRENCE THEREOF, WRITTEN NOTICE OF ANY
FAILURE BY THE BORROWER TO MAKE IN A TIMELY MANNER ANY FILING, REPORT OR OTHER
DOCUMENT IN RESPECT OF THE GAMING BUSINESS OR ANY GAMING ASSETS TO BE MADE WITH
ANY GOVERNMENTAL AUTHORITY, INCLUDING ANY REPORT WHICH THE BORROWER IS REQUIRED
TO FILE WITH THE NIGC UNDER 25 C.F.R. PART 514;
(F)
ERISA REPORTABLE EVENTS, PROHIBITED TRANSACTIONS. TO THE EXTENT
ERISA IS APPLICABLE TO THE BORROWER OR ITS EMPLOYEES, PROMPTLY UPON A SENIOR
OFFICER'S BECOMING AWARE, AND IN ANY EVENT WITHIN 30 BUSINESS DAYS AFTER
BECOMING AWARE, OF THE OCCURRENCE OF ANY (I) "REPORTABLE EVENT" (AS SUCH TERM IS
DEFINED IN SECTION 4043 OF ERISA) OR (II) "PROHIBITED TRANSACTION" (AS SUCH TERM
IS DEFINED IN SECTION 406 OF ERISA OR SECTION 4975 OF THE INTERNAL REVENUE CODE)
IN CONNECTION WITH ANY PENSION PLAN OR ANY TRUST CREATED THEREUNDER, WRITTEN
NOTICE SPECIFYING THE NATURE THEREOF AND SPECIFYING WHAT ACTION THE BORROWER IS
TAKING OR PROPOSES TO TAKE WITH RESPECT THERETO, AND, WHEN KNOWN, ANY ACTION
TAKEN BY THE INTERNAL REVENUE SERVICE WITH RESPECT THERETO;
(G)
AMENDMENTS TO MATERIAL DOCUMENTS. AS SOON AS PRACTICABLE, AND IN
ANY EVENT NOT LESS THAN 30 DAYS PRIOR TO THE PROPOSED EFFECTIVE DATE THEREOF (OR
SUCH LESSER PERIOD AS TO WHICH THE LENDER MAY CONSENT), WRITTEN NOTICE OF ANY
PROPOSED AMENDMENT, MODIFICATION, WAIVER, TERMINATION OR RESCISSION
(COLLECTIVELY, "AMENDMENTS") OF THE TERMS AND PROVISIONS OF ANY OF THE MATERIAL
DOCUMENTS TO WHICH THE BORROWER IS A PARTY (AND, IF BORROWER IS NOT A PARTY, IT
SHALL ALSO PROVIDE NOTICE OF ANY SUCH AMENDMENT TO THE EXTENT IT IS AWARE OF
SUCH AMENDMENT);
47
(H)
EVENTS OF DEFAULT. AS SOON AS PRACTICABLE, AND IN ANY EVENT WITHIN
FIVE BUSINESS DAYS AFTER A SENIOR OFFICER OF THE BORROWER BECOMES AWARE OF THE
EXISTENCE OF ANY CONDITION OR EVENT WHICH CONSTITUTES A DEFAULT OR EVENT OF
DEFAULT, WRITTEN NOTICE SPECIFYING THE NATURE AND PERIOD OF EXISTENCE THEREOF
AND SPECIFYING WHAT ACTION THE BORROWER IS TAKING