AND POWERS
UNDER THIS AGREEMENT AND THE OTHER CREDIT DOCUMENTS, INCLUDING WITH RESPECT TO
THE ENTRY INTO AND OWNERSHIP AND OPERATION OF THE GAMING FACILITIES, AND THE
POSSESSION OR CONTROL OF GAMING EQUIPMENT, ALCOHOLIC BEVERAGES OR A GAMING OR
LIQUOR LICENSE, MAY BE EXERCISED ONLY TO THE EXTENT THAT THE EXERCISE THEREOF
DOES NOT VIOLATE ANY APPLICABLE PROVISIONS OF THE GAMING LAWS AND LIQUOR LAWS
AND ONLY TO THE EXTENT THAT REQUIRED APPROVALS (INCLUDING PRIOR APPROVALS) ARE
OBTAINED FROM THE REQUISITE GOVERNMENTAL AUTHORITIES.
(B)
EACH OF ADMINISTRATIVE AGENT, LEAD
ARRANGERS, CO-SYNDICATION AGENTS AND CO-DOCUMENTATION AGENTS AND LENDERS AGREES
TO COOPERATE WITH THE GAMING AUTHORITY (OR TO BE SUBJECT TO SECTION 2.11) IN
CONNECTION WITH THE PROVISIONS OF SUCH DOCUMENTS OR OTHER INFORMATION AS MAY BE
REQUESTED BY SUCH GAMING AUTHORITY OR LIQUOR AUTHORITIES RELATING TO BORROWER
AND ITS SUBSIDIARIES OR TO THE CREDIT DOCUMENTS.
SECTION 13.14.
USA Patriot Act.
Each Lender that is subject to the Act (as
hereinafter defined) to the extent required hereby, notifies Borrower that
pursuant to the requirements of the USA Patriot Act (Title III of Pub. L. 107-56
(signed into law October 26, 2001)) (the "Act"), it is required to obtain,
verify and record information that identifies Borrower, which information
includes the name and address of Borrower and other information that will allow
such Lender to identify Borrower in accordance with the Act, and Borrower agrees
to provide such information from time to time to any Lender.
SECTION 13.15.
JUDGMENT CURRENCY.
(A)
BORROWER'S OBLIGATIONS HEREUNDER AND UNDER
THE OTHER CREDIT DOCUMENTS TO MAKE PAYMENTS IN DOLLARS (THE "OBLIGATION
CURRENCY") SHALL NOT BE DISCHARGED OR SATISFIED BY ANY TENDER OR RECOVERY
PURSUANT TO ANY JUDGMENT EXPRESSED IN OR CONVERTED INTO ANY CURRENCY OTHER THAN
THE OBLIGATION CURRENCY, EXCEPT TO THE EXTENT THAT SUCH TENDER OR RECOVERY
RESULTS IN THE EFFECTIVE RECEIPT BY ADMINISTRATIVE AGENT, THE COLLATERAL AGENT,
THE RESPECTIVE L/C LENDER OR THE RESPECTIVE LENDER OF THE FULL AMOUNT OF THE
OBLIGATION CURRENCY EXPRESSED TO BE PAYABLE TO ADMINISTRATIVE AGENT, THE
COLLATERAL AGENT, SUCH L/C LENDER OR SUCH LENDER UNDER THIS AGREEMENT OR THE
OTHER CREDIT DOCUMENTS.
IF, FOR THE PURPOSE OF OBTAINING OR ENFORCING JUDGMENT
AGAINST BORROWER IN ANY COURT OR IN ANY JURISDICTION, IT BECOMES NECESSARY TO
CONVERT INTO OR FROM ANY CURRENCY OTHER THAN THE OBLIGATION CURRENCY (SUCH OTHER
CURRENCY BEING HEREINAFTER REFERRED TO AS THE "JUDGMENT CURRENCY") AN AMOUNT DUE
IN THE OBLIGATION CURRENCY, THE CONVERSION SHALL BE MADE AT THE DOLLAR
EQUIVALENT THEREOF AND, IN THE CASE OF OTHER CURRENCIES THE RATE OF EXCHANGE (AS
QUOTED BY ADMINISTRATIVE AGENT OR IF ADMINISTRATIVE AGENT DOES NOT QUOTE A RATE
OF EXCHANGE ON SUCH CURRENCY, BY A KNOWN DEALER IN SUCH CURRENCY DESIGNATED BY
ADMINISTRATIVE AGENT) DETERMINED, IN EACH CASE, AS OF THE DAY ON WHICH THE
JUDGMENT IS GIVEN (SUCH DAY BEING HEREINAFTER REFERRED TO AS THE "JUDGMENT
CURRENCY CONVERSION DATE").
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(B)
IF THERE IS A CHANGE IN THE RATE OF EXCHANGE
PREVAILING BETWEEN THE JUDGMENT CURRENCY CONVERSION AND THE