under any of the other Loan Documents and, in connection
therewith, permit Lender, at its election, to participate in any such
proceedings.
5.1.7
AWARD AND INSURANCE BENEFITS.
Upon Lender's reasonable request, Borrower shall cooperate, and cause each
Property Guarantor to cooperate, with Lender in obtaining for Lender the
benefits of any Awards or Insurance Proceeds lawfully or equitably payable in
connection with any Individual Property, and Lender shall be reimbursed for any
out-of-pocket expenses incurred in connection therewith (including reasonable
attorneys' fees and disbursements, and the payment by Borrower or Property
Guarantor of the expense of an appraisal on behalf of Lender in case of Casualty
or Condemnation affecting any Individual Property or any part thereof) out of
such Award or Insurance Proceeds.
5.1.8
FURTHER ASSURANCES.
Borrower shall, and shall cause each Property Guarantor and Mezzanine
Subsidiary, at Borrower's sole cost and expense, to:
(A)
FURNISH TO LENDER ALL INSTRUMENTS, DOCUMENTS, BOUNDARY SURVEYS,
FOOTING OR FOUNDATION SURVEYS, CERTIFICATES, PLANS AND SPECIFICATIONS,
APPRAISALS, TITLE AND OTHER INSURANCE REPORTS AND AGREEMENTS, AND EACH AND EVERY
OTHER DOCUMENT, CERTIFICATE, AGREEMENT AND INSTRUMENT REQUIRED TO BE FURNISHED
BY BORROWER OR PROPERTY GUARANTOR PURSUANT TO THE TERMS OF THE LOAN DOCUMENTS;
(B)
EXECUTE AND DELIVER TO LENDER SUCH DOCUMENTS, INSTRUMENTS,
CERTIFICATES, ASSIGNMENTS AND OTHER WRITINGS, AND DO SUCH OTHER ACTS NECESSARY
OR DESIRABLE, TO EVIDENCE, PRESERVE AND/OR PROTECT THE COLLATERAL AT ANY TIME
SECURING OR INTENDED TO SECURE THE OBLIGATIONS OF BORROWER UNDER THE LOAN
DOCUMENTS, AS LENDER MAY REASONABLY REQUIRE INCLUDING, WITHOUT LIMITATION, THE
AUTHORIZATION OF LENDER TO EXECUTE OR FILE AND/OR THE EXECUTION OR FILING BY
BORROWER, MEZZANINE SUBSIDIARY OR PROPERTY GUARANTOR OF UCC FINANCING STATEMENTS
AND THE EXECUTION AND DELIVERY OF ALL SUCH WRITINGS NECESSARY TO TRANSFER ANY
LIQUOR LICENSES INTO THE NAME OF LENDER OR ITS DESIGNEE AFTER THE OCCURRENCE AND
DURING THE CONTINUANCE OF ANY EVENT OF DEFAULT; AND
(C)
DO AND EXECUTE ALL AND SUCH FURTHER LAWFUL AND REASONABLE ACTS,
CONVEYANCES AND ASSURANCES FOR THE BETTER AND MORE EFFECTIVE CARRYING OUT OF THE
INTENTS AND PURPOSES OF THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS, AS LENDER
SHALL REASONABLY REQUIRE FROM TIME TO TIME PROVIDED THE SAME IS CONSISTENT WITH
THE INTENT OF THE LOAN DOCUMENTS AND CREATES NO NEW OBLIGATIONS ON, OR LIABILITY
TO, BORROWER OR PROPERTY GUARANTOR OR MEZZANINE SUBSIDIARY OTHER THAN AS
INTENDED PURSUANT TO THE LOAN DOCUMENTS OR OTHERWISE TO A DE MINIMIS EXTENT.
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5.1.9
MORTGAGE AND INTANGIBLE TAXES.
Borrower shall pay or cause to be paid all State, county and municipal
recording, mortgage, intangible, and all other taxes imposed upon the execution
and recordation of the Security Instruments and/or upon the execution and
delivery of the Note, the Guaranty and the Pledge Agreement.
5.1.10
FINANCIAL REPORTING.
So long as the Debt shall remain unpaid or unsatisfied, Borrower shall:
(A)
DELIVER TO LENDER, IN FORM AND DETAIL SATISFACTORY TO LENDER:
(I)
AS SOON AS AVAILABLE, BUT IN ANY EVENT WITHIN NINETY (90) DAYS AFTER
THE END OF EACH FISCAL YEAR OF THE TRUST, A