OR TO THE BORROWER, AS APPLICABLE.
(C)
OTHER. THE BORROWER SHALL MAINTAIN, AND
CAUSE THE GUARANTORS TO MAINTAIN, ANY OTHER INSURANCE REASONABLY REQUESTED BY
THE LENDER IN SUCH AMOUNT AND COVERING SUCH RISKS AS MAY BE REASONABLY
REQUESTED.
APPROVAL OF ANY INSURANCE BY THE LENDER SHALL NOT BE A
REPRESENTATION OF THE SOLVENCY OF ANY INSURER OR THE SUFFICIENCY OF ANY COVERAGE
REQUIRED UNDER THIS AGREEMENT.
SECTION 4.4 COMPLIANCE WITH LAWS. COMPLY, AND CAUSE EACH GUARANTOR TO COMPLY,
WITH ALL REQUIREMENTS OF LAW (INCLUDING ALL GAMING LAWS) IN ALL MATERIAL
RESPECTS.
SECTION 4.5 PRESERVATION OF PERMITS. PRESERVE AND MAINTAIN, AND CAUSE EACH
GUARANTOR TO PRESERVE AND MAINTAIN, ALL PERMITS FROM ANY GOVERNMENTAL AUTHORITY
THAT ARE MATERIAL AND NECESSARY FOR THE TRANSACTION OF THE BUSINESS OF THE
BORROWER AND GUARANTORS, AND QUALIFY AND REMAIN QUALIFIED TO TRANSACT BUSINESS
IN EACH JURISDICTION IN WHICH SUCH QUALIFICATION IS NECESSARY IN VIEW OF THE
BUSINESS OF THE BORROWER AND GUARANTORS OR THE OWNERSHIP OR LEASING OF GAMING
ASSETS EXCEPT WHERE THE FAILURE TO PRESERVE AND MAINTAIN ANY
41
SUCH PERMITS OR TO SO QUALIFY OR REMAIN QUALIFIED WOULD NOT CONSTITUTE A
MATERIAL ADVERSE EFFECT.
SECTION 4.6 INSPECTION RIGHTS. UPON NOTICE TO BORROWER OR THE AFFECTED
GUARANTOR, AT ANY TIME DURING REGULAR BUSINESS HOURS AND AS OFTEN AS REQUESTED
(AND SO LONG AS NO EVENT OF DEFAULT EXISTS, BUT NOT SO AS TO UNREASONABLY
INTERFERE WITH THE BUSINESS OF THE BORROWER OR ANY GUARANTOR, AND SUBJECT TO
COMPLIANCE WITH ALL POLICIES, PROCEDURES AND REGULATORY REQUIREMENTS), PERMIT
THE LENDER, OR ANY AUTHORIZED EMPLOYEE, AGENT OR REPRESENTATIVE THEREOF, TO
EXAMINE, AUDIT AND MAKE COPIES AND ABSTRACTS FROM THE RECORDS AND BOOKS OF
ACCOUNT OF, AND TO VISIT AND INSPECT ANY PART OF THE FACILITIES AND ANY OTHER
GAMING ASSETS, AND TO DISCUSS THE AFFAIRS, FINANCES AND ACCOUNTS OF THE BORROWER
AND GUARANTORS WITH ANY OF THE BORROWER'S OFFICERS, KEY EMPLOYEES, AND EXTERNAL
ACCOUNTANTS, AND, UPON REQUEST, FURNISH PROMPTLY TO THE LENDER TRUE COPIES OF
ALL FINANCIAL INFORMATION MADE AVAILABLE TO THE SENIOR MANAGEMENT OF THE
BORROWER.
TO THE EXTENT AN EVENT OF DEFAULT EXISTS, ALL REASONABLE INSPECTIONS
PURSUANT TO THIS SECTION 4.6 SHALL BE AT THE BORROWER'S EXPENSE.
SECTION 4.7 KEEPING OF RECORDS AND BOOKS OF ACCOUNT. KEEP, AND CAUSE EACH
GUARANTOR TO KEEP, ADEQUATE RECORDS AND BOOKS OF ACCOUNT REFLECTING ALL
FINANCIAL TRANSACTIONS IN CONFORMITY WITH GAAP AND IN MATERIAL CONFORMITY WITH
ALL APPLICABLE REQUIREMENTS OF ANY GOVERNMENTAL AUTHORITY HAVING REGULATORY
JURISDICTION OVER THE BORROWER.
SECTION 4.8 COMPLIANCE WITH AGREEMENTS. PROMPTLY AND FULLY COMPLY, AND CAUSE
EACH GUARANTOR TO COMPLY, IN ALL MATERIAL RESPECTS, WITH ALL MATERIAL
AGREEMENTS, INDENTURES, LEASES AND INSTRUMENTS TO WHICH IT IS A PARTY.
SECTION 4.9 USE OF PROCEEDS. USE THE PROCEEDS OF THE ADVANCES AND ANY LETTERS OF
CREDIT FOR ANY PURPOSES RELATED TO THE GAMING BUSINESS.
SECTION 4.10 ENVIRONMENTAL LAWS. KEEP AND MAINTAIN, AND CAUSE EACH GUARANTOR TO
KEEP AND MAINTAIN, THE GAMING BUSINESS REAL ESTATE AND EACH PARCEL THEREOF IN
COMPLIANCE IN ALL MATERIAL RESPECTS WITH ALL APPLICABLE