Adjustment to Bank Account. After the disbursements pursuant to ss. 5.3 and establishment of any additional reserves for future disbursements as Manager deems necessary and as are approved by the Business Board, taking into account anticipated cash flow and Operating Costs of the Enterprise, any excess funds remaining in the Enterprise Bank Account(s) over the Minimum Balance, the Capital Replacement Reserve, and such additional reserves as may be approved by the Business Board shall be disbursed monthly in accordance with ss. 5.5.
Adjustment to Bank Account. After the disbursements pursuant to Section 6.2, and establishment of any additional reserves for future disbursements as MPM deems necessary and as are approved by the Business Board, taking into account anticipated cash flow and Operating Costs of the Enterprise, any excess funds remaining in the Enterprise Bank Account(s) over the Minimum Balance, the Capital Replacement Reserve, and such additional reserves approved by the Business Board, shall be disbursed monthly in accordance with Section 6.4 and not in contravention of the Bank Loan Documents. Notwithstanding any other right or obligation of MPM, the Tribe or the Authority with respect to the application of revenues, it is acknowledged that upon the occurrence of an Event of Default under the Bank Loan Agreement, the Lender can exercise its rights under the Account Control Agreement.
Adjustment to Bank Account. After the disbursements pursuant to Section 6.1, any excess funds remaining in the Enterprise Bank Account(s) over the Minimum Balance, the Capital Replacement Reserve, and such additional reserves, shall be disbursed monthly in accordance with Section 6.3.
Adjustment to Bank Account. (s). After the disbursements pursuant to Article 10.01 and establishment of any reasonable reserves for future disbursements pursuant to Article 10.01 as Manager deems necessary, taking into account anticipated cash flow and Operating Costs and Ownership Costs at the Casino, any excess funds remaining in the Bank Account(s) over the Minimum Balance (and such reserves) shall be disbursed to Owner on a periodic basis as frequently as may be mutually agreed by Owner and Manager, but not less than monthly. Correspondingly, and without limiting Owner's obligation to provide any funds required by this Agreement at all times, if the Bank Account(s) do not contain sufficient funds to pay all obligations of Owner under this Agreement when and as due, Manager may pay any or all such obligations on behalf of Owner. To the extent Manager elects to pay such expenses on behalf of the Owner, Owner shall reimburse such amount to Manager immediately upon presentation of an invoice for such expense.
Adjustment to Bank Account. After the disbursements pursuant to
Adjustment to Bank Account. 30 6.4 Payment of Fees and SHINGLE SPRINGS Disbursement..................... 30 6.5 Minimum Guaranteed Monthly Payment................................... 31 6.6 Payment of Net Revenues.............................................. 31 7. TRADE NAMES, TRADE MARKS AND SERVICE MARKS.............................. 31 7.1
Adjustment to Bank Account. After the disbursements pursuant to Section 6.2, and establishment of any additional reserves for future disbursements as KAR deems necessary and as are approved by the Tribal Council, taking into account anticipated cash flow and Operating Costs of the Enterprise, any excess funds remaining in the Enterprise Bank Account(s) over the Minimum Balance, the Capital Replacement Reserve, and such additional reserves approved by the Tribal Council, shall be disbursed monthly in accordance with Section 6.4.
Adjustment to Bank Account. After the disbursements pursuant to Article 10.1, and establishment of any reserves for future disbursements as Manager deems necessary, taking into account anticipated cash flow from, and Operating Costs at, the Entertainment Facility, any excess funds remaining in the Bank Account over the Minimum Balance shall monthly be disbursed to Owner. Correspondingly, and without limiting Owner's obligation to, at all times, provide any funds required by this Agreement, any deficiency of the Bank Account below the Minimum Balance shall immediately be provided by Owner.
Adjustment to Bank Account. After the disbursements pursuant to SECTION 6.2 and establishment of any reserves for future disbursements as Manager deems necessary, taking into account anticipated cash flow and Operating Expenses at the Gaming Facility, any excess funds remaining in the Disbursement Account over the Minimum Balance (and such reserves) shall be disbursed monthly in accordance with SECTION 6.4.
Adjustment to Bank Account. After the disbursements pursuant to Article 11.01, any excess funds remaining in the Bank Account over the Minimum Balance shall be disbursed monthly to Owner. Correspondingly, any deficiency in the Bank Account shall promptly be provided by Owner as required in Article 2.03. Notwithstanding that Manager is authorized to and shall make the hereinabove described disbursements to the extent funds are available, Owner will be solely liable for (i) all Operating Costs, Specified Fixed Charges and other Fixed Charges and (ii) all sales taxes, excise taxes, or other taxes which may be assessed by any taxing authority against or upon Manager with respect to any payments, receipts or earnings received by Manager pursuant to this Agreement, including, without limitation the fees received by Manager pursuant to Article 10, excluding in any case, however, any federal, state or local income, franchise or other taxes levied against Manager based upon its assets or income.
