Utility Component Premises and more particularly described and
set forth in the Utility Component Lease.
58
"Utility Component Premises" shall mean the land and all appurtenant rights
thereto as described on Schedule II-E attached hereto.
"Utility Component Lease" shall mean that certain Lease, dated as of December 3,
1997, by and between Fee Owner (as assignee thereunder), as lessor, and Utility
Provider, as lessee, pursuant to which Fee Owner leases the Utility Component to
Utility Provider upon and subject to the terms set forth therein, as amended by
the Settlement Agreement and as further amended to date, and as the same may be
amended, supplemented, replaced or otherwise modified from time to time in
accordance with the provisions hereof.
"Utility Provider" shall mean Northwind Aladdin, LLC, a Nevada limited liability
company, in its capacity as the lessee under the Utility Component Lease,
together with its successors and assigns in such capacity thereunder.
"Utility Service Agreement" means that certain Energy Service Agreement, dated
as of September 24, 1998, by and between Fee Owner (as assignee thereunder) and
Utility Provider, as amended by the Settlement Agreement and as further amended
to date, and as the same may be amended, supplemented, replaced or otherwise
modified from time to time in accordance with the provisions hereof.
"Work" shall mean, with respect to any Construction Contract, the construction,
labor and materials to be provided by the Trade Contractor thereunder.
SECTION 1.2.
PRINCIPLES OF CONSTRUCTION.
ALL REFERENCES TO SECTIONS
AND SCHEDULES ARE TO SECTIONS AND SCHEDULES IN OR TO THIS AGREEMENT UNLESS
OTHERWISE SPECIFIED.
ALL USES OF THE WORD "INCLUDING" SHALL MEAN "INCLUDING,
WITHOUT LIMITATION" UNLESS THE CONTEXT SHALL INDICATE OTHERWISE.
UNLESS
OTHERWISE SPECIFIED, THE WORDS "HEREOF," "HEREIN" AND "HEREUNDER" AND WORDS OF
SIMILAR IMPORT WHEN USED IN THIS AGREEMENT SHALL REFER TO THIS AGREEMENT AS A
WHOLE AND NOT TO ANY PARTICULAR PROVISION OF THIS AGREEMENT.
UNLESS OTHERWISE
SPECIFIED, ALL MEANINGS ATTRIBUTED TO DEFINED TERMS HEREIN SHALL BE EQUALLY
APPLICABLE TO BOTH THE SINGULAR AND PLURAL FORMS OF THE TERMS SO DEFINED.
ARTICLE II.
GENERAL TERMS
SECTION 2.1.
LOAN COMMITMENT; DISBURSEMENT TO BORROWER.
2.1.1.
AGREEMENT TO LEND AND BORROW.
SUBJECT TO AND UPON THE TERMS AND
CONDITIONS SET FORTH HEREIN, LENDER HEREBY AGREES TO MAKE AND BORROWER HEREBY
AGREES TO ACCEPT THE LOAN.
2.1.2.
BASE LOAN.
BORROWER HEREBY ACKNOWLEDGES AND AGREES THAT, ON THE
DATE HEREOF, LENDER MADE THE BASE LOAN ADVANCE TO BORROWER IN THE PRINCIPAL
AMOUNT OF $759,670,000, WHICH BASE LOAN ADVANCE REPRESENTS A FULL DISBURSEMENT
OF ALL PROCEEDS OF THE BASE LOAN IN THE MAXIMUM PRINCIPAL AMOUNT OF THE BASE
LOAN ALLOCATION.
THE BASE LOAN SHALL BE REPAID WITH INTEREST, COSTS AND CHARGES
AS MORE PARTICULARLY SET FORTH IN THE NOTE, THIS AGREEMENT, THE SECURITY
INSTRUMENT AND THE OTHER LOAN DOCUMENTS.
PRINCIPAL AMOUNTS OF THE BASE LOAN
WHICH ARE REPAID FOR ANY REASON MAY NOT BE REBORROWED.
THE BASE LOAN IS
EVIDENCED BY THE NOTE AND THIS AGREEMENT AND IS SECURED BY THE SECURITY
INSTRUMENT AND THE OTHER LOAN DOCUMENTS.
BORROWER