ITS SUBSIDIARIES;
(G)
ANY GAMING REPORTS GENERATED BY THE COMPANY OR ANY OF ITS
SUBSIDIARIES;
33
(H)
AS SOON AS AVAILABLE, BUT IN ANY EVENT NOT LATER THAN DECEMBER 31
OF EACH FISCAL YEAR, A CONSOLIDATED AND CONSOLIDATING PLAN AND FINANCIAL
FORECAST FOR THE NEXT FISCAL YEAR AND EACH SUBSEQUENT FISCAL YEAR, INCLUDING
(I) FORECASTED CONSOLIDATED AND CONSOLIDATING BALANCE SHEETS AND FORECASTED
CONSOLIDATED AND CONSOLIDATING STATEMENTS OF INCOME AND CASH FLOWS OF THE
COMPANY AND ITS SUBSIDIARIES FOR SUCH FISCAL YEARS, TOGETHER WITH AN EXPLANATION
OF THE ASSUMPTIONS ON WHICH SUCH FORECASTS ARE BASED AND (II) SUCH OTHER
INFORMATION AND PROJECTIONS FOR SUCH FISCAL YEARS AS THE MAJORITY HOLDERS MAY
REASONABLY REQUEST;
(I)
AS SOON AS AVAILABLE, BUT IN ANY EVENT NOT LATER THAN 30 CALENDAR
DAYS FOLLOWING THE END OF EACH FISCAL MONTH, A MONTHLY OPERATING REPORT FOR THE
MONTH THEN ENDED WHICH SHALL INCLUDE ITEMS USED BY THE COMPANY AND ITS
SUBSIDIARIES IN MEASURING THEIR OPERATING AND FINANCIAL PERFORMANCE IN THE
ORDINARY COURSE WHICH SHALL INCLUDE, WITHOUT LIMITATION, THE AVERAGE DAILY ROOM
RATE, FOOD AND BEVERAGE REVENUE PER ROOM, GAMING REVENUE AND THE OTHER ITEMS AS
MAY OTHERWISE BE PREPARED BY THE COMPANY IN THE ORDINARY COURSE OF ITS
MANAGEMENT AND FINANCIAL REPORTING SO LONG AS ANY SUCH ITEMS ARE ACCEPTABLE TO
THE MAJORITY HOLDERS, TOGETHER WITH SUCH OTHER INFORMATION REASONABLY REQUESTED
BY THE MAJORITY HOLDERS;
(J)
PROMPTLY UPON RECEIPT THEREOF, COPIES OF ALL MATERIAL NOTICES,
REPORTS, BUDGETS, FORECASTS, PROPOSALS, STUDIES, FINANCIAL STATEMENTS AND OTHER
INFORMATION PROVIDED BY ANY MANAGER, ANY CASINO OPERATOR OR ANY LEASING MANAGER;
(K)
AT THE REQUEST OF THE MAJORITY HOLDERS, A COPY OF EACH ANNUAL
REPORT OR OTHER FILING FILED WITH RESPECT TO EACH PLAN OF THE COMPANY OR ANY
ERISA AFFILIATE;
(L)
A MONTHLY REPORT ON THE PROGRESS OF THE RENOVATIONS IN FORM AND
SUBSTANCE REASONABLY SATISFACTORY TO THE MAJORITY HOLDERS, WHICH IN ANY EVENT
SHALL INCLUDE A NARRATIVE DESCRIPTION OF THE PROGRESS TO DATE, A COMPARISON
BETWEEN EXPENSES INCURRED TO DATE AND BUDGETED EXPENSES, A TIMELINE ILLUSTRATING
THE REMAINING STEPS TO BE TAKEN TO COMPLETION, AND PROJECTED EXPENSES TO BE
INCURRED TO COMPLETION;
(M)
CONCURRENTLY WITH THE DELIVERY OF ANY FINANCIAL AND OTHER REPORTS
AND NOTICES TO THE CMBS LENDER UNDER THE CMBS DOCUMENTS OR ANY OTHER HOLDER OF
INDEBTEDNESS, A COPY OF ALL SUCH FINANCIAL AND OTHER REPORTS AND NOTICES SO
DELIVERED; AND
(N)
SUCH ADDITIONAL INFORMATION AS THE MAJORITY HOLDERS MAY FROM TIME
TO TIME REASONABLY REQUEST REGARDING THE FINANCIAL AND BUSINESS AFFAIRS,
OPERATIONS OR PROSPECTS OF THE COMPANY AND ITS SUBSIDIARIES.
Section 7.8
Notices.
In addition to any other notices required hereunder, the
Company shall notify each Mezzanine Investor, in writing, of the following
matters at the following times (except that in the case of clause (a), the
Company shall notify all Mezzanine Investors):
(A)
IMMEDIATELY AFTER BECOMING AWARE OF THE EXISTENCE OF ANY "
DEFAULT" OR ANY "EVENT OF DEFAULT" UNDER THE CMBS DOCUMENTS OR ANY INDEBTEDNESS;
(B)
IMMEDIATELY AFTER BECOMING AWARE THAT (I) ANY MANAGER