Adjustments for Certain Liabilities. (i) If the Receiver discovers at any time subsequent to the date of this Agreement that any claim exists against the Failed Bank which is of such a nature that it would have been included in the liabilities assumed under Article II had the existence of such claim or the facts giving rise thereto been known as of the Bank Closing Date, the Receiver may, in its discretion, at any time, require that such claim be assumed by the Assuming Institution in a manner consistent with the intent of this Agreement. The Receiver will make appropriate adjustments to the Pro Forma statement provided by the Receiver to the Assuming Institution pursuant to Section 8.1 as may be necessary.
Adjustments for Certain Liabilities. If the Assuming Institution returns all or a portion of any Deposit to the Receiver or the Corporation at the direction of the Receiver or the Corporation pursuant to Section 9.5, the Receiver will make appropriate adj ustments pursuant to Article VIII for the portion of the Bid Amount applicable to that returned Deposit and any related Deposit premium.
Adjustments for Certain Liabilities. On or prior to the ----------------------------------- date of this Agreement, CHCI shall have delivered to OpCo a schedule of assets and liabilities relating to the Hospitality Business as of August 31, 1997 which is attached hereto as Schedule 1.04(a) (the "Phase I Hospitality Assets and ---------------- Liabilities Schedule"). The Phase I Hospitality Assets and Liabilities Schedule shall set forth the assets and the liabilities of the Hospitality Business in such detail reasonably necessary for OpCo to review the particular nature of certain assets and liabilities and shall provide line items for specific categories of long term assets and liabilities and short term assets and liabilities and other relevant categories. CHCI agrees that, except as set forth in the Schedule of Assumed Assets and Liabilities included with the Phase I Hospitality Assets and Liabilities Schedule, (i) none of the assets set forth in the Phase I Hospitality Assets and Liabilities Schedule other than the Hospitality Assets (to the extent Hospitality Assets are listed on such Schedule) shall be included in the Post- September 1 Hospitality Business, and (ii) all liabilities of CHCI for and as of any period on or prior to August 31, 1997, including, without limitation, the liabilities listed on the Phase I Hospitality Assets and Liabilities Schedule, shall be paid, discharged or assumed by Gaming Spinco (or paid or discharged only from the assets listed on the Phase I Hospitality Assets and Liabilities Schedule or other assets available to CHCI), provided that no Post-September 1
Adjustments for Certain Liabilities. (i) If the Receiver discovers at any time subsequent to the date of this Agreement that any claim exists against the Failed Bank that is of such a nature that it would have been included in the liabilities assumed under Article II had the existence of that claim or the facts giving rise to that claim been known as of the Bank Closing Date, the Receiver may, in its discretion, at any time, require that claim be assumed by the Assuming Institution in a manner consistent with the intent of this Agreement. The Receiver will make appropriate adjustments to the Pro Forma Statement provided by the Receiver to the Assuming Institution pursuant to Section 8.1 as may be necessary. (ii) If the Assuming Institution returns all or a portion of any Deposit to the Receiver or the Corporation at the direction of the Receiver or the Corporation pursuant to Section 9.5, the Receiver will make appropriate adjustments pursuant to Article VIII for the portion of the Bid Amount applicable to that returned Deposit and any related Deposit premium. (c)
