Common use of Alteration of Obligations Clause in Contracts

Alteration of Obligations. In such manner, upon such terms and at ------------------------- such times as the Trustee deems best, and without notice to the Obligor, the Trustee, subject to the terms of the Indenture, the Notes and the Collateral Documents, may alter, compromise, accelerate, extend or change the time or manner for the development, construction, equipping or operation of the Isle- Black Hawk (collectively the "Construction Obligations") or payment or performance with respect to the Indenture, the Notes or the Collateral Documents (the "Payment Obligations"); release either of the Issuers from any or all of the Construction Obligations or the Payment Obligations by acceptance of a deed in lieu of foreclosure or otherwise, as to all or any portion of the Construction Obligations or the Payment Obligations; release, substitute or add any one or more guarantors or endorsers of the Funding Amounts, the Construction Obligations or the Payment Obligations; accept additional or substitute security for the Funding Amounts, the Construction Obligations or the Payment Obligations, or release or subordinate any security for the Funding Amounts, the Construction Obligations, or the Payment Obligations. No exercise or non-exercise of any right hereby given to the Trustee, no dealing by the Trustee hereunder or any other document with the Obligor or any other guarantors or any other Person, and no change, impairment or release of all or any portion of the Construction Obligations or the Payment Obligations or suspension of any right or remedy of the Trustee against any person, including, without limitation, either of the Issuers or any other such guarantor, endorser or other person, shall in any way affect any of the obligations of the Obligor hereunder or any security furnished by the Obligor or give the Obligor any recourse against the Trustee. If the Trustee has exculpated or hereafter exculpates either of the Issuers from personal liability in whole or in part, or has agreed or hereafter agrees to look solely to the Property encumbered by the Collateral Documents or any other property for the satisfaction of the Issuers' obligations under the Indenture, the Notes or the Collateral Documents, such exculpation and agreement shall not affect the obligations of the Obligor hereunder. The Obligor further acknowledges that any such exculpation or agreement that has been given or that is hereafter given to either of the Issuers has been given or is given in reliance upon the covenants of the Obligor contained herein.

Appears in 1 contract

Samples: Isle of Capri Black Hawk Capital Corp

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Alteration of Obligations. In such manner, upon such terms and at ------------------------- such times as the Trustee deems best, Lender and Borrower deem best and without notice to the ObligorGuarantor, the Trustee, subject to the terms of the Indenture, the Notes Lender and the Collateral Documents, Borrower may alter, compromise, accelerate, extend extend, renew or change the time or manner for the development, construction, equipping or operation payment of the Isle- Black Hawk (collectively the "Construction Obligations") or payment or performance with respect to the Indenture, the Notes any indebtedness or the Collateral Documents (performance of any obligation hereby guaranteed, increase or reduce the "Payment Obligations"); rate of interest on the Note, release either of the Issuers from any or all of the Construction Obligations or the Payment Obligations Borrower, by acceptance of a any deed in lieu of foreclosure or otherwise, as to all or any portion of the Construction Obligations or the Payment Obligations; obligations hereby guaranteed, release, substitute or add any one or more guarantors or endorsers of the Funding Amountsendorsers, the Construction Obligations or the Payment Obligations; accept additional or substitute substituted security for the Funding Amounts, the Construction Obligations or the Payment Obligationstherefor, or release or subordinate any security for the Funding Amounts, the Construction Obligations, or the Payment Obligationstherefor. No exercise or non-exercise by Lender of any right hereby given available to the TrusteeLender, no dealing by the Trustee hereunder Lender with Guarantor or any other document with guarantor, endorser of the Obligor note or any other guarantors or any other Personperson, and no change, impairment or release of all or any a portion of the Construction Obligations or obligations of Borrower under any of the Payment Obligations Loan Documents or suspension of any right or remedy of the Trustee Lender against any person, including, without limitation, either of the Issuers or Borrower and any other such guarantor, endorser or other person, shall in any way affect any of the obligations of the Obligor Guarantor hereunder or any security furnished by the Obligor Guarantor or give the Obligor Guarantor any recourse against Lender. To the Trustee. If the Trustee extent permitted by law, if Lender has exculpated or hereafter exculpates either of the Issuers Borrower from personal liability in whole or in part, or has part and/or agreed or hereafter agrees to look solely to the Property encumbered property covered by the Collateral Documents or any other property Deed of Trust for the satisfaction of the Issuers' Borrower's obligations under the Indenture, the Notes or the Collateral Loan Documents, such said exculpation and agreement shall not affect the obligations of Guarantor hereunder, since Guarantor acknowledges that its obligations hereunder are independent of the Obligor hereunderobligations of Borrower and are to be construed as if no such exculpation or agreement had been given to Borrower by Lender. The Obligor Guarantor further acknowledges that if any such exculpation or agreement that has been given or that is hereafter given to either of the Issuers Borrower, Lender has been given or is given done so in reliance upon the covenants of the Obligor Guarantor contained herein.

Appears in 1 contract

Samples: Guarantee (Senior Tour Players Development Inc)

Alteration of Obligations. In such manner, upon such terms and at ------------------------- such times as the Trustee Administrative Agent deems best, and without notice to the Obligoreither Completion Guarantor, the TrusteeAdministrative Agent or the Banks may, subject to in accordance with the terms of the IndentureCredit Agreement, the Notes and the Collateral Documents, may alter, compromise, accelerate, extend or change the time or manner for the development, construction, equipping or operation of the Isle- Black Hawk (collectively the "Construction Obligations") or payment or performance with respect to the Indenture, the Notes or the Collateral Documents (the "Payment Obligations"); release either of any of the Issuers from any or all of Credit Documents Obligations, release the Construction Obligations or the Payment Obligations Company, by acceptance of a deed in lieu of foreclosure or otherwise, as to all or any portion of the Construction Obligations or the Payment Credit Documents Obligations; , release, substitute or add any one or more guarantors or endorsers of the Funding Amountsguarantors, the Construction Obligations or the Payment Obligations; accept additional or substitute security for the Funding Amounts, the Construction Obligations or the Payment Obligationstherefor, or release or subordinate any security for the Funding Amounts, the Construction Obligations, or the Payment Obligationstherefor. No exercise or non-exercise of any right hereby given to the TrusteeAdministrative Agent, no dealing by the Trustee hereunder Administrative Agent, with the Completion Guarantors or any other document with the Obligor guarantor, or any other guarantors or any other Personperson, and no change, impairment or release of all or any portion of the Construction Obligations or the Payment Credit Documents Obligations or suspension of any right or remedy of the Trustee Administrative Agent against any person, including, including without limitation, either of limitation the Issuers Company or any other such guarantor, endorser or other person, shall in any way affect any of the obligations of the Obligor hereunder Obligations or any security furnished by the Obligor Completion Guarantors or give the Obligor Completion Guarantors any recourse against the TrusteeAdministrative Agent. If the Trustee Administrative Agent has exculpated or hereafter exculpates either of the Issuers Company from personal liability in whole or in part, or has agreed or hereafter agrees to look solely to the Property encumbered by the Collateral Documents or any other property for the satisfaction of the Issuers' Company's obligations under the Indenture, the Notes Credit Agreement or the Collateral Shared Security Documents, such said exculpation and agreement shall not affect the obligations of the Obligor hereunderObligations. The Obligor Each Completion Guarantor further acknowledges that any such exculpation or agreement that has been given or that is hereafter given to either of the Issuers Company has been given or is given in reliance upon the covenants of the Obligor Completion Guarantors contained herein.

Appears in 1 contract

Samples: JCC Holding Co

Alteration of Obligations. In such manner, upon such terms and at ------------------------- such times as the Trustee Lender deems best, and without notice to the ObligorGuarantor, the Trustee, subject to the terms of the Indenture, the Notes and the Collateral Documents, Lender may alter, compromise, accelerate, extend or change the time or manner for the development, construction, equipping or operation of the Isle- Black Hawk (collectively the "Construction Obligations") or payment or performance with respect to of any Obligations hereby guaranteed, increase or reduce the Indenturerate of interest of Borrower's indebtedness, the Notes or the Collateral Documents (the "Payment Obligations"); release either of the Issuers from any or all of the Construction Obligations or the Payment Obligations Borrower, by acceptance of a deed in lieu of foreclosure or otherwise, as to all or any portion of the Construction Obligations or the Payment Obligations; hereby guaranteed, release, substitute or add any one or more guarantors or endorsers of the Funding Amountsendorsers, the Construction Obligations or the Payment Obligations; accept additional or substitute security for the Funding Amounts, the Construction Obligations or the Payment Obligationstherefor, or release or subordinate any security for the Funding Amounts, the Construction Obligations, or the Payment Obligationstherefor. No exercise or non-exercise of any right hereby given to the TrusteeLender, no dealing by the Trustee hereunder Lender with Guarantor or any other document with the Obligor guarantor, endorser of any note or any other guarantors or any other Personperson, and no change, impairment or release of all or any portion of the Construction Obligations or the Payment Obligations indebtedness of Borrower or suspension of any right or remedy of the Trustee Lender against any person, including, including without limitation, either of the Issuers limitation Borrower or any other such guarantor, endorser or other person, shall in any way affect any of the obligations of the Obligor Guarantor hereunder or any security furnished by the Obligor Guarantor or give the Obligor Guarantor any recourse against the TrusteeLender. If the Trustee Lender has exculpated or hereafter exculpates either of the Issuers Borrower from personal liability in whole or in part, or has agreed or hereafter agrees to look solely to the Property any property encumbered by the Collateral Documents a deed of trust or any other property for the satisfaction of the Issuers' obligations under the IndentureBorrower's indebtedness, the Notes or the Collateral Documents, such said exculpation and agreement shall not affect the obligations of the Obligor Guarantor hereunder. The Obligor Guarantor further acknowledges that if any such exculpation or agreement that has been given or that is hereafter given to either of the Issuers has been given or is hereafter given to Borrower, Lender has done so or shall be entitled to do so in reliance upon the covenants of the Obligor Guarantor contained herein.

Appears in 1 contract

Samples: Authorized Dealer Agreement

Alteration of Obligations. In such manner, upon such terms and at ------------------------- such times as the Trustee LGCB deems best, and without notice to the Obligoreither Completion Guarantor, the Trustee, subject to LGCB may in accordance with the terms of the Indenture, the Notes and the Collateral Documents, may COC alter, compromise, accelerate, extend or change the time or manner for the development, construction, equipping or operation of the Isle- Black Hawk (collectively the "Construction Obligations") or payment or performance with respect to the Indenture, the Notes or the Collateral Documents (the "Payment Obligations"); release either of any of the Issuers from COC Obligations (which shall mean any or all obligations of the Construction Obligations or Company under the Payment Obligations by acceptance of a deed in lieu of foreclosure or otherwiseCOC), release the Company, as to all or any portion of the Construction Obligations or the Payment COC Obligations; , release, substitute or add any one or more guarantors or endorsers of the Funding Amountsguarantors, the Construction Obligations or the Payment Obligations; accept additional or substitute security for the Funding Amounts, the Construction Obligations or the Payment Obligationstherefor, or release or subordinate any security for the Funding Amounts, the Construction Obligations, or the Payment Obligationstherefor. No exercise or non-exercise of any right hereby given to the TrusteeLGCB, no dealing by the Trustee hereunder LGCB with the Completion Guarantors or any other document with the Obligor guarantor or any other guarantors or any other Personperson, and no change, impairment or release of all or any portion of the Construction Obligations or the Payment Obligations COC Obligations, or suspension of any right or remedy of the Trustee LGCB against any person, including, including without limitation, either of limitation the Issuers Company or any other such guarantor, endorser guarantor or other person, shall in any way affect any of the obligations of the Obligor hereunder Obligations or any security furnished by the Obligor Completion Guarantors or give the Obligor Completion Guarantors any recourse against the TrusteeLGCB. If the Trustee LGCB has exculpated or hereafter exculpates either of the Issuers Company from personal liability in whole or in part, or has agreed or hereafter agrees to look solely to the Property encumbered by the Collateral Documents or any other property for the satisfaction of the Issuers' obligations under the Indenture, the Notes or the Collateral Documents, such said exculpation and agreement shall not affect the obligations of the Obligor hereunderObligations. The Obligor Each Completion Guarantor further acknowledges that any such exculpation or agreement that has been given or that is hereafter given to either of the Issuers Company has been given or is given in reliance upon the covenants of the Obligor Completion Guarantors contained herein.

Appears in 1 contract

Samples: JCC Holding Co

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Alteration of Obligations. In such manner, upon such terms and at ------------------------- such times as the Trustee Lender deems best, and without notice to the ObligorGuarantor, the Trustee, subject to the terms of the Indenture, the Notes and the Collateral Documents, Lender may alter, compromise, accelerate, extend or change the time or manner for the development, construction, equipping or operation of the Isle- Black Hawk (collectively the "Construction Obligations") or payment or performance with respect to of any Obligations hereby guaranteed, increase or reduce the Indenturerate of interest of Xxxxxxxx's indebtedness, the Notes or the Collateral Documents (the "Payment Obligations"); release either of the Issuers from any or all of the Construction Obligations or the Payment Obligations Borrower, by acceptance of a deed in lieu of foreclosure or otherwise, as to all or any portion of the Construction Obligations or the Payment Obligations; hereby guaranteed, release, substitute or add any one or more guarantors or endorsers of the Funding Amountsendorsers, the Construction Obligations or the Payment Obligations; accept additional or substitute security for the Funding Amounts, the Construction Obligations or the Payment Obligationstherefor, or release or subordinate any security for the Funding Amounts, the Construction Obligations, or the Payment Obligationstherefor. No exercise or non-exercise of any right hereby given to the TrusteeLender, no dealing by the Trustee hereunder Lender with Guarantor or any other document with the Obligor guarantor, endorser of any note or any other guarantors or any other Personperson, and no change, impairment or release of all or any portion of the Construction Obligations or the Payment Obligations indebtedness of Borrower or suspension of any right or remedy of the Trustee Lender against any person, including, including without limitation, either of the Issuers limitation Borrower or any other such guarantor, endorser or other person, shall in any way affect any of the obligations of the Obligor Guarantor hereunder or any security furnished by the Obligor Guarantor or give the Obligor Guarantor any recourse against the TrusteeLender. If the Trustee Xxxxxx has exculpated or hereafter exculpates either of the Issuers Borrower from personal liability in whole or in part, or has agreed or hereafter agrees to look solely to the Property any property encumbered by the Collateral Documents a deed of trust or any other property for the satisfaction of the Issuers' obligations under the IndentureXxxxxxxx's indebtedness, the Notes or the Collateral Documents, such said exculpation and agreement shall not affect the obligations of the Obligor Guarantor hereunder. The Obligor Guarantor further acknowledges that if any such exculpation or agreement that has been given or that is hereafter given to either of the Issuers has been given or is hereafter given to Borrower, Lender has done so or shall be entitled to do so in reliance upon the covenants of the Obligor Guarantor contained herein.

Appears in 1 contract

Samples: Authorized Dealer Agreement

Alteration of Obligations. In such manner, upon such terms and at ------------------------- such times as the Trustee deems best, and without notice to the Obligoreither Completion Guarantor, the TrusteeTrustee or the Holders may, subject to in accordance with the terms of the IndentureIndentures, the Notes and the Collateral Documents, may alter, compromise, accelerate, extend or change the time or manner for the development, construction, equipping or operation of the Isle- Black Hawk (collectively the "Construction Obligations") or payment or performance with respect to the Indenture, of any of the Notes or Obligations (as defined herein), release the Collateral Documents (the "Payment Obligations"); release either of the Issuers from any or all of the Construction Obligations or the Payment Obligations Company, by acceptance of a deed in lieu of foreclosure or otherwise, as to all or any portion of the Construction Obligations or the Payment Notes Obligations; , release, substitute or add any one or more guarantors or endorsers of the Funding Amountsendorsers, the Construction Obligations or the Payment Obligations; accept additional or substitute security for the Funding Amounts, the Construction Obligations or the Payment Obligationstherefor, or release or subordinate any security for the Funding Amounts, the Construction Obligations, or the Payment Obligationstherefor. No exercise or non-exercise of any right hereby given to the Trustee, no dealing by the Trustee hereunder Trustee, with the Completion Guarantors or any other document with guarantor, endorser of the Obligor Notes or any other guarantors or any other Personperson, and no change, impairment or release of all or any portion of the Construction Obligations or the Payment Notes Obligations or suspension of any right or remedy of the Trustee against any person, including, including without limitation, either of limitation the Issuers Company or any other such guarantor, endorser or other person, shall in any way affect any of the obligations of the Obligor hereunder Obligations or any security furnished by the Obligor Completion Guarantors or give the Obligor Completion Guarantors any recourse against the Trustee. If the Trustee has exculpated or hereafter exculpates either of the Issuers Company from personal liability in whole or in part, or has agreed or hereafter agrees to look solely to the Property encumbered by the Collateral Documents or any other property for the satisfaction of the Issuers' Company's obligations under the Indenture, the Notes Indentures or the Collateral Shared Security Documents, such said exculpation and agreement shall not affect the obligations of the Obligor hereunderObligations. The Obligor Each Completion Guarantor further acknowledges that any such exculpation or agreement that has been given or that is hereafter given to either of the Issuers Company has been given or is given in reliance upon the covenants of the Obligor Completion Guarantors contained herein.

Appears in 1 contract

Samples: Notes Completion Guarantee (JCC Holding Co)

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