Common use of Alteration of Obligations Clause in Contracts

Alteration of Obligations. Riviera Holdings acknowledges and agrees that none of the following shall release, impair, reduce, diminish or otherwise affect Riviera Holdings' obligations under this Agreement: (i) any alteration, compromise, acceleration or extension of, or any change to, (a) the Company's obligations to complete the development, construction and equipping of the Riviera Black Hawk and to commence operation thereof or (b) the payment or performance by the Company or any guarantor under any debt instrument or other financing for the development, construction, equipping or operation of the Riviera Black Hawk (the foregoing, collectively, the "Obligations"), in each case in such manner, upon such terms and at such times as any Person (including, without limitation, the Trustee or any Holder) (each such Person, an "Obligee") deems best, and without notice to Riviera Holdings; (ii) the release of the Company or any guarantor from any or all of the Obligations by acceptance of a deed in lieu of foreclosure or otherwise, as to all or any portion of the Obligations; (iii) the release, substitution or addition of any one or more guarantors or endorsers of the Funding Amounts or the Obligations; (iv) the acceptance of additional or substitute security for the Funding Amounts or the Obligations; or (v) the release or subordination of any security for the Funding Amounts or the Obligations. No exercise (including, without limitation, foreclosure of the Property) or non-exercise of any right under any document relating to the Obligations (collectively, the "Obligation Documents") by an Obligee, no dealing by an Obligee hereunder or under any Obligation Document or any other document with Riviera Holdings, the Company or any other guarantors or any other Person, and no change, impairment or release of all or any portion of the Funding Amounts or the Obligations or suspension of any right or remedy of an Obligee against any other Person, including, without limitation, the Company or any other such guarantor, endorser or other Person, shall in any way affect any of the obligations of Riviera Holdings hereunder or any security furnished by Riviera Holdings or give Riviera Holdings any recourse against an Obligee (including, without limitation, the Trustee). If an Obligee has exculpated or hereafter exculpates the Company from liability in whole or in part, or has agreed or hereafter agrees to look solely to the Property or any other property for the satisfaction of the Company's Obligations (including, without limitation the Company's obligations under the Indenture, the Notes or any Collateral Document), such exculpation and agreement shall not affect the obligations of Riviera Holdings hereunder. Riviera Holdings further acknowledges that any such exculpation or agreement that has been given or that is hereafter given to the Company with respect to the Notes, the Indenture or any Collateral Document has been given or is given in reliance upon the covenants of Riviera Holdings contained herein.

Alteration of Obligations. Riviera Holdings acknowledges and agrees that none of the following shall release, impair, reduce, diminish or otherwise affect Riviera Holdings' obligations under this AgreementCommitment: (i) any alteration, compromise, acceleration or extension of, or any change to, (a) the Company's obligations to complete the development, construction and equipping of the Riviera Black Hawk and to commence operation thereof or (b) the payment or performance by the Company or any guarantor under any debt instrument or other financing for the development, construction, equipping or operation of the Riviera Black Hawk (the foregoing, collectively, the "Obligations"), in each case in such manner, upon such terms and at such times as any Person (including, without limitation, the Trustee or any Holder) (each such Person, an "Obligee") deems best, and without notice to Riviera Holdings; (ii) the release of the Company or any guarantor from any or all of the Obligations by acceptance of a deed in lieu of foreclosure or otherwise, as to all or any portion of the Obligations; (iii) the release, substitution or addition of any one or more guarantors or endorsers of the Funding Amounts or the Obligations; (iv) the acceptance of additional or substitute security for the Funding Amounts or the Obligations; or (v) the release or subordination of any security for the Funding Amounts or the Obligations. No exercise (including, without limitation, foreclosure of the Property) or non-exercise of any right under any document relating to the Obligations (collectively, the "Obligation Documents") by an Obligee, no dealing by an Obligee hereunder or under any Obligation Document or any other document with Riviera Holdings, the Company or any other guarantors or any other Person, and no change, impairment or release of all or any portion of the Funding Amounts or the Obligations or suspension of any right or remedy of an Obligee against any other Person, including, without limitation, the Company or any other such guarantor, endorser or other Person, shall in any way affect any of the obligations of Riviera Holdings hereunder or any security furnished by Riviera Holdings or give Riviera Holdings any recourse against an Obligee (including, without limitation, the Trustee). If an Obligee has exculpated or hereafter exculpates the Company from liability in whole or in part, or has agreed or hereafter agrees to look solely to the Property or any other property for the satisfaction of the Company's Obligations (including, without limitation the Company's obligations under the Indenture, the Notes or any Collateral Document), such exculpation and agreement shall not affect the obligations of Riviera Holdings hereunder. Riviera Holdings further acknowledges that any such exculpation or agreement that has been given or that is hereafter given to the Company with respect to the Notes, the Indenture or any Collateral Document has been given or is given in reliance upon the covenants of Riviera Holdings contained herein.

Alteration of Obligations. Riviera Holdings The Authority acknowledges and agrees that none of the following shall release, impair, reduce, diminish or otherwise affect Riviera Holdings' any of its obligations under this Agreement: (ia) any alteration, compromise, acceleration or extension of, or any change to, (ai) the CompanyTribe's or the Authority's obligations to complete the development, construction and equipping of the Riviera Black Hawk Facility and to commence operation thereof or (bii) the payment or performance by the Company Tribe or any guarantor the Authority under any debt instrument or other financing financing, including without limitation the Secured Obligations secured hereby, for the development, construction, equipping or operation of the Riviera Black Hawk Facility (the foregoing, collectively, the "Facility Obligations"), in each case in such manner, upon such terms and at such times as any Person (including, without limitation, the Trustee or any Holder) (each such Person, an "Obligee") deems best, and without notice to Riviera Holdingsthe Authority; (iib) the release of the Company Tribe or any guarantor the Authority from any or all of the Facility Obligations by acceptance of a deed in lieu of foreclosure or otherwise, as to all or any portion of the Facility Obligations; (iiic) the release, substitution or addition of any one or more guarantors or endorsers of the Funding Amounts or the Facility Obligations; (ivd) the acceptance of additional or substitute security for the Funding Amounts or the Facility Obligations; or (ve) the release or subordination of any security for the Funding Amounts or the Facility Obligations. No exercise (including, without limitation, foreclosure of the PropertyFacility or any portion thereof) or non-exercise of any right under any document relating to the Facility Obligations (collectively, the "Obligation Documents") by an Obligee, no dealing by an Obligee hereunder or under any Obligation Document or any other document with Riviera Holdingsthe Authority, the Company or any other guarantors Tribe or any other Person, and no change, impairment or release of all or any portion of the Funding Amounts or the Facility Obligations or suspension of any right or remedy of an Obligee against any other Person, including, without limitation, the Company Tribe or any other such guarantor, endorser or other Person, shall in any way affect any of the obligations of Riviera Holdings the Authority hereunder or under any security furnished by Riviera Holdings the Authority or give Riviera Holdings the Authority any recourse against an Obligee (including, without limitation, the Trustee). If an Obligee has exculpated or hereafter exculpates the Company Tribe or the Authority from liability in whole or in part, or has agreed or hereafter agrees to look solely to the Property Facility or any other property for the satisfaction of the CompanyAuthority's Obligations (including, without limitation the Company's obligations under the Indenture, the Notes or any Collateral Document), such exculpation and agreement shall not affect the obligations of Riviera Holdings the Authority hereunder. Riviera Holdings The Authority further acknowledges that any such exculpation or agreement that has been given or that is hereafter given to the Company Authority or the Tribe with respect to the Notes, the Indenture Senior Notes or any Collateral Document has been given or is given in reliance upon the covenants of Riviera Holdings the Authority contained herein.

Alteration of Obligations. Riviera Holdings Each Tribal Party acknowledges and agrees that none of the following shall release, impair, reduce, diminish or otherwise affect Riviera Holdings' any of its obligations under this Agreement: (ia) any alteration, compromise, acceleration or extension of, or any change to, (ai) the CompanyTribe's or the Authority's obligations to complete the design, development, construction and equipping of the Riviera Black Hawk parking facilities and other infrastructure improvements to the Facility and to commence operation thereof or (bii) the payment or performance by the Company Tribe or any guarantor the Authority under any debt instrument or other financing financing, including the Secured Obligations secured hereby, for the development, construction, equipping or operation of the Riviera Black Hawk parking facilities and other infrastructure improvements to the Facility or the Facility (the foregoing, collectively, the "Facility Obligations"), in each case in such manner, upon such terms and at such times as any Person (including, without limitation, including the Trustee or any Holder) (each such Person, an "Obligee") deems best, and without notice to Riviera Holdingsany Tribal Party; (iib) the release of the Company Tribe or any guarantor the Authority from any or all of the Facility Obligations by acceptance of a deed in lieu of foreclosure or otherwise, as to all or any portion of the Facility Obligations; (iiic) the release, substitution or addition of any one or more guarantors or endorsers of the Funding Amounts or the Facility Obligations; (ivd) the acceptance of additional or substitute security for the Funding Amounts or the Facility Obligations; or (ve) the release or subordination of any security for the Funding Amounts or the Facility Obligations. No exercise (including, without limitation, including foreclosure of the PropertyFacility or any portion thereof) or non-exercise of any right under any document relating to the Facility Obligations (collectively, the "Obligation Documents") by an Obligee, no dealing by an Obligee hereunder or under any Obligation Document or any other document with Riviera Holdingsthe Authority, the Company or any other guarantors Tribe or any other Person, and no change, impairment or release of all or any portion of the Funding Amounts or the Facility Obligations or suspension of any right or remedy of an Obligee against any other Person, including, without limitation, including the Company Tribe or any other such guarantor, endorser or other Person, shall in any way affect any of the obligations of Riviera Holdings the Authority hereunder or under any security furnished by Riviera Holdings the Authority or give Riviera Holdings the Authority any recourse against an Obligee (including, without limitation, including the Trustee). If an Obligee has exculpated or hereafter exculpates the Company Tribe or the Authority from liability in whole or in part, or has agreed or hereafter agrees to look solely to the Property Facility or any other property for the satisfaction of the CompanyAuthority's Obligations (including, without limitation the Company's obligations under the Indenture, the Notes or any Collateral Document), such exculpation and agreement shall not affect the obligations of Riviera Holdings the Authority hereunder. Riviera Holdings Each Tribal Party further acknowledges that any such exculpation or agreement that has been given or that is hereafter given to the Company Authority or the Tribe with respect to the Notes, the Indenture Senior Notes or any Collateral Document has been given or is given in reliance upon the covenants of Riviera Holdings the Tribal Parties contained herein.

Alteration of Obligations. Riviera Holdings Hollywood Casino acknowledges and agrees ------------------------- that none of the following shall release, impair, reduce, diminish or otherwise affect Riviera Holdings' Hollywood Casino's obligations under this Agreement: (i) any alteration, compromise, acceleration or extension of, or any change to, (a) the CompanyPartnership's obligations to complete the development, construction and equipping of the Riviera Black Hawk Shreveport Resort and to commence operation thereof or (b) the payment or performance by the Company or any guarantor Partnership under any debt instrument or other financing for the development, construction, equipping or operation of the Riviera Black Hawk Shreveport Resort (the foregoing, collectively, the "Obligations"), in each case in such manner, upon such terms and at such times as any Person (including, without limitation, the Trustee or any Holder) (each such Person, an "Obligee") deems best, and without notice to Riviera HoldingsHollywood Casino; (ii) the release of the Company or any guarantor Partnership from any or all of the Obligations by acceptance of a deed in lieu of foreclosure or otherwise, as to all or any portion of the Obligations; (iii) the release, substitution or addition of any one or more guarantors or endorsers of the Funding Amounts or the Obligations; (iv) the acceptance of additional or substitute security for the Funding Amounts or the Obligations; or (v) the release or subordination of any security for the Funding Amounts or the Obligations. No exercise (including, without limitation, foreclosure of the Property) or non-exercise of any right under any document relating to the Obligations (collectively, the "Obligation Documents") by an Obligee, no dealing by an Obligee hereunder or under any Obligation Document or any other document with Riviera HoldingsHollywood Casino, the Company Partnership, the Hollywood Parties or any other future guarantors or any other Person, and no change, impairment or release of all or any portion of the Funding Amounts or the Obligations or suspension of any right or remedy of an Obligee against any other Person, including, without limitation, the Company or Partnership, any other such of the Hollywood Parties, any future guarantor, endorser or other Person, shall in any way affect any of the obligations of Riviera Holdings Hollywood Casino hereunder or any security furnished by Riviera Holdings Hollywood Casino or give Riviera Holdings Hollywood Casino any recourse against an Obligee (including, without limitation, the Trustee). If an Obligee has exculpated or hereafter exculpates the Company Partnership or any of the Hollywood Parties from liability in whole or in part, or has agreed or hereafter agrees to look solely to the Property or any other property for the satisfaction of the CompanyPartnership's Obligations (including, without limitation the CompanyPartnership's and the Hollywood Parties' obligations under the Indenture, the Notes or any Collateral Document), such exculpation and agreement shall not affect the obligations of Riviera Holdings Hollywood Casino hereunder. Riviera Holdings Hollywood Casino further acknowledges that any such exculpation or agreement that has been given or that is hereafter given to the Company Partnership or any of the Hollywood Parties with respect to the Notes, the Indenture or any Collateral Document has been given or is given in reliance upon the covenants of Riviera Holdings Hollywood Casino contained herein.

Alteration of Obligations. Riviera Holdings acknowledges The Manager and agrees the Authority each acknowledge and agree that none of the following shall release, impair, reduce, diminish or otherwise affect Riviera Holdings' any of their respective obligations under this Agreement: (ia) any alteration, compromise, acceleration or extension of, or any change to, (ai) the CompanyAuthority's obligations to complete the development, construction and equipping of the Riviera Black Hawk Facility and to commence operation thereof or (bii) the payment or performance by the Company or any guarantor Authority under any debt instrument or other financing financing, including without limitation the Secured Obligations secured hereby, for the development, construction, equipping or operation of the Riviera Black Hawk Facility (the foregoing, collectively, the "Facility Obligations"), in each case in such manner, upon such terms and at such times as any Person (including, without limitation, the Trustee or any Holder) (each such Person, an "Obligee") deems best, and without notice to Riviera Holdingsthe Manager; (iib) the release of the Company or any guarantor Authority from any or all of the Facility Obligations by acceptance of a deed in lieu of foreclosure or otherwise, as to all or any portion of the Facility Obligations; (iiic) the release, substitution or addition of any one or more guarantors or endorsers of the Funding Manager Security Contribution Amounts or the Facility Obligations; (ivd) the acceptance of additional or substitute security for the Funding Manager Security Contribution Amounts or the Facility Obligations; or (ve) the release or subordination of any security for the Funding Manager Security Contribution Amounts or the Facility Obligations. No exercise (including, without limitation, foreclosure of the PropertyFacility or any portion thereof) or non-exercise of any right under any document relating to the Facility Obligations (collectively, the "Obligation Documents") by an Obligee, no dealing by an Obligee hereunder or under any Obligation Document or any other document with Riviera Holdingsthe Manager, the Company or any other guarantors Authority or any other Person, and no change, impairment or release of all or any portion of the Funding Manager Security Contribution Amounts or the Facility Obligations or suspension of any right or remedy of an Obligee against any other Person, including, without limitation, the Company Authority or any other such guarantor, endorser or other Person, shall in any way affect any of the obligations of Riviera Holdings the Manager hereunder or under any security furnished by Riviera Holdings the Manager or give Riviera Holdings the Manager any recourse against an Obligee (including, without limitation, the Trustee). If an Obligee has exculpated or hereafter exculpates the Company Authority or the Manager from liability in whole or in part, or has agreed or hereafter agrees to look solely to the Property Facility or any other property for the satisfaction of the CompanyAuthority's Obligations (including, without limitation the Company's obligations under the Indenture, the Notes or any Collateral Document)Secured Obligations, such exculpation and agreement shall not affect the obligations of Riviera Holdings the Manager hereunder. Riviera Holdings The Manager further acknowledges that any such exculpation or agreement that has been given or that is hereafter given to the Company Authority with respect to the Senior Notes, the Indenture or any Collateral Document has been given or is given in reliance upon the covenants of Riviera Holdings the Manager contained herein.