THE COLLATERAL, IF APPLICABLE. BORROWER AGREES TO PROMPTLY PROVIDE
THE COLLATERAL AGENT WITH CERTIFIED ORGANIZATIONAL DOCUMENTS REFLECTING ANY OF
THE CHANGES DESCRIBED IN THE PRECEDING SENTENCE. BORROWER ALSO AGREES TO
PROMPTLY NOTIFY THE COLLATERAL AGENT OF ANY CHANGE IN THE LOCATION OF ANY OFFICE
IN WHICH IT MAINTAINS BOOKS OR RECORDS RELATING TO COLLATERAL OWNED BY IT OR ANY
OFFICE OR FACILITY AT WHICH COLLATERAL IS LOCATED (INCLUDING THE ESTABLISHMENT
OF ANY SUCH NEW OFFICE OR FACILITY), OTHER THAN CHANGES IN LOCATION TO A
MORTGAGED PROPERTY OR A LEASED PROPERTY SUBJECT TO A LANDLORD ACCESS AGREEMENT.
SECTION 5.14
[RESERVED].
SECTION 5.15
AFFIRMATIVE COVENANTS WITH RESPECT TO LEASES. WITH
RESPECT TO EACH LEASE, BORROWER SHALL OR SHALL CAUSE THE APPLICABLE LOAN PARTY
TO PERFORM ALL THE OBLIGATIONS IMPOSED UPON THE LANDLORD UNDER SUCH LEASE AND
ENFORCE ALL OF THE TENANT'S OBLIGATIONS
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THEREUNDER, EXCEPT WHERE THE FAILURE TO SO PERFORM OR ENFORCE COULD NOT
REASONABLY BE EXPECTED TO RESULT IN A PROPERTY MATERIAL ADVERSE EFFECT.
SECTION 5.16
LICENSE RENEWALS. COMMENCING ON THE DATE TWELVE MONTHS
FOLLOWING THE CLOSING DATE AND CONTINUING EVERY TWELVE MONTHS THEREAFTER,
BORROWER SHALL DELIVER, AND SHALL CAUSE ITS RESTRICTED SUBSIDIARIES TO DELIVER,
TO THE ADMINISTRATIVE AGENT AN UPDATED SCHEDULE 3.23 REFLECTING THEREON, AS OF
THE DATE OF SUCH DELIVERY, THE INFORMATION DESCRIBED IN SECTION 3.23.
SECTION 5.17
LICENSES AND PERMITS. (A) ENSURE THAT ALL MATERIAL
LICENSES (INCLUDING ALL NECESSARY GAMING LICENSES), PERMITS AND CONSENTS AND
SIMILAR RIGHTS REQUIRED FROM ANY FEDERAL, STATE OR LOCAL GOVERNMENTAL BODY
(INCLUDING THE GAMING AUTHORITIES AND LIQUOR AUTHORITIES) FOR THE OWNERSHIP, USE
OR OPERATION OF THE BUSINESSES OR PROPERTIES NOW OWNED OR OPERATED BY BORROWER
HAVE BEEN VALIDLY ISSUED AND ARE IN FULL FORCE AND EFFECT, AND (B) COMPLY, IN
ALL MATERIAL RESPECTS, WITH ALL OF THE PROVISIONS THEREOF APPLICABLE TO IT.
SECTION 5.18
CONSTRUCTION OF PROJECT. IN CONNECTION WITH THE
CONSTRUCTION OF EACH SUBSTANTIAL PROJECT, BORROWER SHALL OR SHALL CAUSE THE
APPLICABLE LOAN PARTY TO:
(I)
DILIGENTLY PROCEED WITH CONSTRUCTION OF SUCH PROJECT IN ACCORDANCE WITH
THE PLANS AND SPECIFICATIONS RELATING THERETO AND IN ACCORDANCE WITH ALL
APPLICABLE LAWS AND ORDINANCES AND WILL COMPLETE SUCH PROJECT ON OR BEFORE THE
COMPLETION DATE THEREOF;
(II)
USE ITS COMMERCIALLY REASONABLE EFFORTS TO REQUIRE THE CONTRACTOR(S) TO
COMPLY WITH ALL RULES, REGULATIONS, ORDINANCES AND LAWS RELATING TO WORK ON SUCH
PROJECT;
(III)
COMPLY IN ALL MATERIAL RESPECTS WITH AND KEEP IN EFFECT ALL NECESSARY
PERMITS AND APPROVALS OBTAINED FROM ANY GOVERNMENTAL AUTHORITY RELATING TO THE
LAWFUL CONSTRUCTION OF SUCH PROJECT. BORROWER WILL AND SHALL CAUSE EACH
APPLICABLE LOAN PARTY TO COMPLY IN ALL MATERIAL RESPECTS WITH ALL APPLICABLE
EXISTING AND FUTURE LAWS, REGULATIONS, ORDER, AND REQUIREMENTS OF ANY
GOVERNMENTAL AUTHORITY HAVING JURISDICTION OVER THE REAL PROPERTY OR PROJECT,
AND WITH ALL RECORDED RESTRICTIONS AFFECTING THE APPLICABLE REAL PROPERTY;
(IV)
UPON COMPLETION OF THE BUILDING FOUNDATION OF SUCH PROJECT, DELIVER TO
THE COLLATERAL AGENT (A) AN "AS-BUILT" SURVEY OF THE APPLICABLE REAL PROPERTY
WHICH: (A) SETS FORTH THE LOCATION AND EXTERIOR LINES AND EGRESS