Common use of Bank Accounts, Reserve Funds and Permitted Investments Clause in Contracts

Bank Accounts, Reserve Funds and Permitted Investments. (a) Subject to the terms of the Control Agreements, the Company shall create an account or accounts at a commercial bank that is organized under the laws of the United States of America or any state thereof, and is a member of the Federal Deposit Insurance Corporation. Manager shall deposit, or cause to be deposited, daily all revenues into such accounts. The Manager, with the approval of the Company, shall also establish other segregated bank accounts for use in connection with the operation of the Casino Facilities (collectively, the “Project Accounts”), each of which must indicate the custodial nature of the accounts. The Company shall have the right to control such accounts and to authorize deposits and withdrawals of any size, with regard thereto. The signatures of authorized representatives of the Manager shall be the only signatures required to make withdrawals (by check or otherwise) from such accounts for single withdrawals of less than $500,000.00, provided that the monies withdrawn by the Manager are to be used only in accordance with the Approved Budget and only for the purposes set forth herein. If the amount of any single withdrawal exceeds $500,000 (excluding amounts to be applied to payouts and prizes, transfers to any designated payroll accounts, taxes, cash for day-to-day operational purposes, or Management Fees), then the signature of the Company’s designated representative will also be required. (b) Unless instructed otherwise by the Company, Manager agrees that it shall make, or cause to be made, timely transfers from the account or accounts established pursuant to Section 3.8(a) of all funds needed to pay Costs of Operations and disbursements required pursuant to Section 6.3.

Bank Accounts, Reserve Funds and Permitted Investments. (a) Subject to Section 2.8(f), on or prior to the terms Opening Date, the Tribe, on behalf of itself and the Enterprise, and Manager shall execute the Blocked Account Agreement and establish and activate the Blocked Account(s) described therein. The Tribe, the Enterprise and Manager shall deposit all Gross Revenues daily into the Blocked Account(s) and shall take such actions and execute and deliver such agreements and instructions as shall be necessary or appropriate from time to time to ensure that all Gross Revenues continue to be deposited into the Blocked Account(s). Manager shall also establish other segregated bank accounts with the approval of the Control AgreementsBusiness Board for the operation of the Enterprise (the “Enterprise Accounts”), which accounts must indicate the Company custodial nature of the accounts. The Blocked Account(s) and the Enterprise Accounts shall create an account or accounts be established at a commercial such bank as the Business Board and Manager shall agree upon from time to time; provided, however, that is such bank shall be organized under the laws of the United States of America or any state thereof; and provided, and further, that such bank is a member of the Federal Deposit Insurance CorporationCorporation and has combined capital, profits and surplus of at least One Hundred Billion Dollars ($100,000,000,000). Manager The funds in the Blocked Account(s) and the Enterprise Accounts shall deposit, or cause be considered to be deposited, daily all revenues into such accounts. The Manager, with the approval funds of the Company, Enterprise and shall also establish other segregated bank accounts not be considered to have been distributed to the Tribe or to be available to the Tribe to be used for use in connection with purposes unrelated to the operation of the Casino Facilities Enterprise. (collectively, the “Project Accounts”), each of which must indicate the custodial nature of the accounts. The Company shall have the right to control such accounts and to authorize deposits and withdrawals of any size, with regard thereto. b) The signatures of authorized representatives of the Manager shall be the only signatures required to make withdrawals from the Blocked Account(s) or Enterprise Accounts (by check or otherwisei) from such accounts for single withdrawals of less than Two Hundred Fifty Thousand Dollars ($500,000.00250,000) or such greater amount as the Business Board may establish from time to time, provided (ii) for the purposes of making payments on behalf of the Tribe or the Enterprise for payouts, prizes, payroll, taxes, purchases of currency, and payment of amounts owing to Manager under this Agreement, including, without limitation, the Management Fee under Section 5.12(a), (iii) payments to such additional payees or for such additional purposes as the Business Board may approve from time to time, or (iv) if the Tribe or the Enterprise are in default of their obligations under this Agreement; provided, however, that the monies withdrawn by the Manager are to be used only in accordance with the Approved Budget and only for the purposes expenses of the Enterprise or payments or distributions pursuant to Section 5.12 or the other provisions of this Agreement. Except as set forth herein. If in the amount of any single withdrawal exceeds $500,000 (excluding amounts to be applied to payouts and prizespreceding sentence, transfers to any designated payroll accounts, taxes, cash for day-to-day operational purposes, or Management Fees), then the signature of the CompanyBusiness Board’s designated representative will also be requiredrequired for withdrawals from the Blocked Accounts or the Enterprise Accounts. Cash withdrawals shall not be permitted except pursuant to policies drafted by Manager and approved by the Business Board. The authorized representatives of Manager for the purposes of this Section may include Manager Employees or Off-Site Manager Employees. (bc) Unless instructed otherwise Notwithstanding the foregoing, the Tribe and the Enterprise agree that, without requiring the signature of any member of the Business Board or its representative, Manager may, or may direct the Enterprise to, make or permit timely transfers between or among any of the Blocked Account(s) and, subject to the terms and provisions of any Facility Loan, any of the Enterprise Accounts, including, without limitation, transfers necessary or appropriate to facilitate the payment on behalf of the Enterprise of (i) Costs of Gaming Operations; (ii) required debt service on the Transition Loan and the Facility Loan, as well as any other third party loans to which Manager has consented in writing pursuant to the terms of this Agreement or any other agreement; (iii) the Minimum Guaranteed Monthly Payment; (iv) reimbursement of Minimum Guaranteed Payment Advances; (v) the Management Fee; (vi) any reasonable reserves created and approved by the Company, Manager agrees that it shall make, or cause Business Board and Manager; and (vii) payments to be made, timely transfers from the account or accounts established Tribe pursuant to Section 3.8(a5.12(a). (d) Subject to the terms and provisions of all any Facility Loan, Manager may direct the Enterprise to invest funds needed deposited in the Blocked Account(s) and the Enterprise Accounts in the following permitted investments: (i) a money market mutual fund registered under the Investment Company Act of 1940 that invests exclusively in (1) marketable direct obligations issued or unconditionally guaranteed by the United States Government or issued by an agency thereof and backed by the full faith and credit of the United States; (2) commercial paper having, at the time of acquisition, a rating of A-1 or P-1 or better from either Standard & Poor’s Corporation or Xxxxx’x Investors Service, Inc., respectively; or (ii) other investments as may be directed by Manager with the prior written consent of the Business Board. (e) In order to pay Costs secure the obligations of Operations the Tribe and disbursements required the Enterprise to Manager and its Affiliates under this Agreement and the other Transaction Documents, the Tribe and the Enterprise will, pursuant to a separate Security Agreement, grant to Manager a security interest in the Collateral Assets. By execution of this Agreement, the Tribe and the Enterprise shall be deemed to have agreed to the form of Security Agreement attached hereto. The Tribe and the Enterprise agree to execute and deliver to Manager the Blocked Account Agreement, the Security Agreement, financing statements applicable to the Collateral Assets, and such other amendments, agreements and financing statements which amend, supplement or supersede the Blocked Account Agreement, the Security Agreement and such financing statements, as Manager may reasonably request in order to confirm the creation, attachment and perfection of the security interest of Manager and its Affiliates in the Collateral Assets. (f) Notwithstanding Section 6.32.8(e) above, or any other provision of this Agreement to the contrary, unless the Facility Loan Lenders otherwise agree in accordance with the terms of the Facility Loan, neither the Tribe nor the Enterprise shall be required to grant Manager any security interests in the Collateral Assets or any other assets during any time when a Facility Loan is outstanding. To the extent any such security interests are in place at the time when a Facility Loan is entered into, Manager shall release and terminate all such security interests (including all Security Agreements, Blocked Account Agreements, UCC financing documents and other documents and instruments creating or perfecting any such security interests) substantially concurrently with the closing of the Facility Loan.

Bank Accounts, Reserve Funds and Permitted Investments. (a) Subject to Section 2.8(f), on or prior to the terms Opening Date, the Tribe, on behalf of itself and the Enterprise, and Manager shall execute the Blocked Account Agreement and establish and activate the Blocked Account(s) described therein. The Tribe, the Enterprise and Manager shall deposit all Gross Revenues daily into the Blocked Account(s) and shall take such actions and execute and deliver such agreements and instructions as shall be necessary or appropriate from time to time to ensure that all Gross Revenues continue to be deposited into the Blocked Account(s). Manager shall also establish other segregated bank accounts with the approval of the Control AgreementsBusiness Board for the operation of the Enterprise (the “Enterprise Accounts”), which accounts must indicate the Company custodial nature of the accounts. The Blocked Account(s) and the Enterprise Accounts shall create an account or accounts be established at a commercial such bank as the Business Board and Manager shall agree upon from time to time; provided, however, that is such bank shall be organized under the laws of the United States of America or any state thereof; and provided, and further, that such bank is a member of the Federal Deposit Insurance CorporationCorporation and has combined capital, profits and surplus of at least One Hundred Billion Dollars ($100,000,000,000). Manager The funds in the Blocked Account(s) and the Enterprise Accounts shall deposit, or cause be considered to be deposited, daily all revenues into such accounts. The Manager, with the approval funds of the Company, Enterprise and shall also establish other segregated bank accounts not be considered to have been distributed to the Tribe or to be available to the Tribe to be used for use in connection with purposes unrelated to the operation of the Casino Facilities Enterprise. (collectively, the “Project Accounts”), each of which must indicate the custodial nature of the accounts. The Company shall have the right to control such accounts and to authorize deposits and withdrawals of any size, with regard thereto. b) The signatures of authorized representatives of the Manager shall be the only signatures required to make withdrawals from the Blocked Account(s) or Enterprise Accounts (by check or otherwisei) from such accounts for single withdrawals of less than Two Hundred Fifty Thousand Dollars ($500,000.00250,000) or such greater amount as the Business Board may establish from time to time, provided (ii) for the purposes of making payments on behalf of the Tribe or the Enterprise for payouts, prizes, payroll, taxes, purchases of currency, and payment of amounts owing to Manager under this Agreement, including, without limitation, the Management Fee under Section 5.12(a), (iii) payments to such additional payees or for such additional purposes as the Business Board may approve from time to time, or (iv) if the Tribe or the Enterprise are in default of their obligations under this Agreement; provided, however, that the monies withdrawn by the Manager are to be used only in accordance with the Approved Budget and only for the purposes expenses of the Enterprise or payments or distributions pursuant to Section 5.12 or the other provisions of this Agreement. Except as set forth herein. If in the amount of any single withdrawal exceeds $500,000 (excluding amounts to be applied to payouts and prizespreceding sentence, transfers to any designated payroll accounts, taxes, cash for day-to-day operational purposes, or Management Fees), then the signature of the CompanyBusiness Board’s designated representative will also be requiredrequired for withdrawals from the Blocked Accounts or the Enterprise Accounts. Cash withdrawals shall not be permitted except pursuant to policies drafted by Manager and approved by the Business Board. The authorized representatives of Manager for the purposes of this Section may include Manager Employees or Off-Site Manager Employees. (bc) Unless instructed otherwise Notwithstanding the foregoing, the Tribe and the Enterprise agree that, without requiring the signature of any member of the Business Board or its representative, Manager may, or may direct the Enterprise to, make or permit timely transfers between or among any of the Blocked Account(s) and, subject to the terms and provisions of any Facility Loan, any of the Enterprise Accounts, including, without limitation, transfers necessary or appropriate to facilitate the payment on behalf of the Enterprise of (i) Costs of Non- Gaming Operations; (ii) required debt service on the Transition Loan and the Facility Loan, as well as any other third party loans to which Manager has consented in writing pursuant to the terms of this Agreement or any other agreement; (iii) the Management Fee; (iv) any reasonable reserves created and approved by the Company, Manager agrees that it shall make, or cause Business Board and Manager; and (v) payments to be made, timely transfers from the account or accounts established Tribe pursuant to Section 3.8(a5.12(a). (d) Subject to the terms and provisions of all any Facility Loan, Manager may direct the Enterprise to invest funds needed deposited in the Blocked Account(s) and the Enterprise Accounts in the following permitted investments: (i) a money market mutual fund registered under the Investment Company Act of 1940 that invests exclusively in (1) marketable direct obligations issued or unconditionally guaranteed by the United States Government or issued by an agency thereof and backed by the full faith and credit of the United States; (2) commercial paper having, at the time of acquisition, a rating of A-1 or P-l or better from either Standard & Poor’s Corporation or Xxxxx’x Investors Service, Inc., respectively; or (ii) other investments as may be directed by Manager with the prior written consent of the Business Board. (e) In order to pay Costs secure the obligations of Operations the Tribe and disbursements required the Enterprise to Manager and its Affiliates under this Agreement and the other Transaction Documents, the Tribe and the Enterprise will, pursuant to a separate Security Agreement, grant to Manager a security interest in the Collateral Assets. By execution of this Agreement, the Tribe and the Enterprise shall be deemed to have agreed to the form of Security Agreement, attached as an exhibit to the Gaming Management Agreement. The Tribe and the Enterprise agree to execute and deliver to Manager the Blocked Account Agreement, the Security Agreement, financing statements applicable to the Collateral Assets, and such other amendments, agreements and financing statements which amend, supplement or supersede the Blocked Account Agreement, the Security Agreement and such financing statements, as Manager may reasonably request in order to confirm the creation, attachment and perfection of the security interest of Manager and its Affiliates in the Collateral Assets. (f) Notwithstanding Section 6.32.8(e) above, or any other provision of this Agreement to the contrary, unless the Facility Loan Lenders otherwise agree in accordance with the terms of the Facility Loan, neither the Tribe nor the Enterprise shall be required to grant Manager any security interests in the Collateral Assets or any other assets during any time when a Facility Loan is outstanding. To the extent any such security interests are in place at the time when a Facility Loan is entered into, Manager shall release and terminate all such security interests (including all Security Agreements, Blocked Account Agreements, UCC financing documents and other documents and instruments creating or perfecting any such security interests) substantially concurrently with the closing of the Facility Loan.

Bank Accounts, Reserve Funds and Permitted Investments. (a) Subject to the terms of the Control Agreements, the Company Enterprise shall create an account or accounts at a commercial bank that is organized under the laws of the United States of America or any state thereof, and is a member of the Federal Deposit Insurance Corporation. Manager shall deposit, or cause to be deposited, daily all revenues into such accounts. accounts The Manager, with the approval of the CompanyEnterprise, shall also establish other segregated bank accounts for use in connection with the operation of the Casino Facilities (collectively, the “Project Accounts”), each of which must indicate the custodial nature of the accounts. The Company Enterprise shall have the right to control such accounts and to authorize deposits and withdrawals of any size, with regard thereto. The signatures of authorized representatives of the Manager shall be the only signatures required to make withdrawals (by check or otherwise) from such accounts for single withdrawals of less than $500,000.00100,000.00, provided that the monies withdrawn by the Manager are to be used only in accordance with the Approved Budget and only for the purposes set forth herein. If the amount of any single withdrawal exceeds $500,000 100,000 (excluding amounts to be applied to payouts and prizes, transfers to any designated payroll accounts, taxes, cash for day-to-day operational purposes, or Management Fees), then the signature of the CompanyEnterprise’s designated representative will also be required. (b) Unless instructed otherwise by the CompanyEnterprise, Manager agrees that it shall make, or cause to be made, timely transfers from the account or accounts established pursuant to Section 3.8(a) of all funds needed to pay Costs of Operations and disbursements required pursuant to Section 6.3. (c) Surplus funds may be invested by the Enterprise in a money market mutual fund registered under the Investment Company Act of 1940 that invests exclusively in (A) marketable direct obligations issued or unconditionally guaranteed by the United States Government or issued by an agency thereof and backed by the full faith and credit of the United States, or (B) commercial paper having, at the time of acquisition, a rating of A-1 or P-1 or better from either Standard & Poor’s Corporation or Xxxxx’x Investors Service, Inc., respectively.