REFERENCE TO BOOK AND PAGE NUMBERS AND/OR FILED MAP
REFERENCE.
ON OR BEFORE THE RESTATEMENT DATE, BORROWERS SHALL COMPLY WITH ALL
OTHER SURVEY REQUIREMENTS OF TITLE INSURANCE COMPANIES FOR THE ISSUANCE OF THE
TITLE INSURANCE POLICIES WITHOUT REFERENCE TO ANY EXCEPTION OF TITLE BASED ON
ANY SURVEY REQUIREMENT.
SECTION 3.09.
PAYMENT OF TAXES.
EVIDENCE SATISFACTORY TO AGENT BANK
THAT ALL PAST AND CURRENT REAL AND PERSONAL PROPERTY TAXES AND ASSESSMENTS WHICH
ARE PRESENTLY DUE AND PAYABLE APPLICABLE TO THE COLLATERAL PROPERTIES HAVE BEEN
PAID IN FULL.
SECTION 3.10.
INSURANCE.
COPIES OF DECLARATION PAGES OF EACH INSURANCE
POLICY, CERTIFIED TO BE TRUE AND CORRECT IN ALL RESPECTS BY AN AUTHORIZED
OFFICER OF BORROWERS, TOGETHER WITH ORIGINAL BINDERS EVIDENCING BORROWERS AS THE
NAMED INSURED, AND ORIGINAL CERTIFICATES OF INSURANCE, LOSS PAYEE AND MORTGAGEE
ENDORSEMENTS NAMING AGENT BANK AS MORTGAGEE, LOSS PAYEE AND ADDITIONAL INSURED
AS REQUIRED BY THE INSURANCE PROVISIONS SET FORTH IN SECTION 5.09 OF THIS CREDIT
AGREEMENT.
70
SECTION 3.11.
PAYMENT OF FEES.
PAYMENT BY BORROWERS TO AGENT BANK OF
THE FEES TO THE EXTENT THEN DUE AND PAYABLE ON THE RESTATEMENT DATE AS PROVIDED
IN SECTION 2.09(A) HEREINABOVE.
SECTION 3.12.
REIMBURSEMENT FOR EXPENSES AND FEES.
REIMBURSEMENT BY
BORROWERS FOR ALL REASONABLE FEES AND OUT-OF-POCKET EXPENSES INCURRED BY AGENT
BANK IN CONNECTION WITH THE CREDIT FACILITY, EXCLUDING, HOWEVER, ALL SYNDICATION
COSTS, BUT INCLUDING, BUT NOT LIMITED TO, ESCROW CHARGES, TITLE INSURANCE
PREMIUMS, ENVIRONMENTAL EXAMINATIONS, RECORDING FEES, APPRAISAL FEES, REASONABLE
ATTORNEY'S FEES OF HENDERSON & MORGAN, LLC AND INSURANCE CONSULTANT FEES, AND
ALL OTHER LIKE FEES AND EXPENSES REMAINING UNPAID AS OF THE RESTATEMENT DATE TO
THE EXTENT THEN DUE AND PAYABLE ON THE RESTATEMENT DATE, PROVIDED THAT THE
AMOUNT THEN INVOICED SHALL NOT THEREAFTER PRECLUDE BORROWERS' OBLIGATION TO PAY
SUCH COSTS AND EXPENSES RELATING TO THE RESTATEMENT OF THE CREDIT FACILITY
FOLLOWING THE RESTATEMENT DATE OR TO REIMBURSE AGENT BANK FOR THE PAYMENT
THEREOF.
SECTION 3.13.
INTENTIONALLY OMITTED.
SECTION 3.14.
PHASE I ENVIRONMENTAL SITE ASSESSMENTS.
A.
A PHASE I ENVIRONMENTAL SITE ASSESSMENT OR ASSESSMENTS OF THE
COLLATERAL PROPERTIES PREPARED IN CONFORMANCE WITH THE SCOPE AND LIMITATIONS OF
ASTM STANDARD DESIGNATION E1527-93 AND APPROVED BY AGENT BANK.
THE PHASE I
ENVIRONMENTAL SITE ASSESSMENTS DELIVERED TO AGENT BANK IN CONNECTION WITH THE
EXISTING CREDIT FACILITY SHALL BE DEEMED TO SATISFY THIS REQUIREMENT.
ANY
RECOMMENDED ACTION SHALL HAVE BEEN COMPLETED BY BORROWERS.
B.
BORROWERS HEREBY CONFIRM THE REPRESENTATIONS CONTAINED IN
SECTIONS 2.1 AND 2.2 OF THE ENVIRONMENTAL CERTIFICATE ARE TRUE AND CORRECT IN
ALL RESPECTS, EXCEPT WITH RESPECT TO THE MATTERS DISCLOSED ON THE SCHEDULE OF
SIGNIFICANT LITIGATION.
SECTION 3.15.
EVIDENCE OF RIGHT TO OCCUPANCY OF COLLATERAL PROPERTIES.
A COPY OF THE PERMANENT CERTIFICATE OF OCCUPANCY ISSUED BY EACH APPLICABLE
GOVERNMENTAL AUTHORITY, EVIDENCING THE RIGHT OF THE BORROWER CONSOLIDATION TO
USE AND HOLD OPEN FOR THE USE AND OCCUPANCY OF THE PUBLIC OF THE HOTEL/CASINO
FACILITIES.
SECTION 3.16.
GAMING PERMITS.
COPIES OF THOSE GAMING PERMITS ISSUED BY
EACH APPLICABLE GAMING AUTHORITY EVIDENCING THE RIGHT OF THE BORROWER
CONSOLIDATION TO CONDUCT PARI-MUTUEL WAGERING