Casino Control Act. Notwithstanding the provisions of Section 111 hereof, each of the provisions of this Indenture is subject to and shall be enforced in compliance with the provisions of the Casino Control Act, to the extent applicable, and the regulations promulgated thereunder, unless such provisions are in conflict with the TIA, in which case the TIA shall control. The Securities are to be held subject to the condition that if a holder thereof is found to be disqualified by the Casino Control Commission pursuant to the provisions of the Casino Control Act, such holder shall dispose of the Securities in accordance with the provisions of Section 1109 hereof. The Company shall have the right to repurchase the Securities at the lowest of (i) the principal amount thereof, (ii) the amount which the Disqualified Holder or beneficial owner paid for the Securities, together with accrued interest up to the date of the determination of disqualification, or (iii) the market value of such Securities.
Casino Control Act. This Agreement shall be subject to the provisions of the Casino Control Act and the rules and regulations of the Commission promulgated thereunder. In accordance with the provisions of Section 82(d)(7) of the Casino Control Act, N.J.S.A. 5:12-82(d)(7), for as long as the Company or any of its affiliates holds or is an applicant for a Gaming License or a gaming-related casino service industry license under the Casino Control Act, the Commission shall have the right of prior approval with regard to transfers of membership interests or any other interests in the Company, and any interests in the Company are held subject to the condition that if a holder thereof is found to be disqualified by the Commission pursuant to the provisions of the Casino Control Act, such holder will dispose of that interest; provided, however, that, notwithstanding any other provision of law to the contrary, nothing herein contained shall be deemed to require that any certificate evidencing an interest in the Company bear any legend to this effect. In accordance with the provisions of Section 82(d)(8) of the Casino Control Act, N.J.S.A. 5:12-82(d)(8), the Company shall have the absolute right to repurchase, at the market price or the purchase price, whichever is less, any membership interest or other interest in the Company if the Commission disapproves a transfer of such interest in accordance with the provisions of the Casino Control Act.
Casino Control Act. Each of the provisions of this Indenture is subject to and shall be enforced in compliance with the provisions of the New Jersey Casino Control Act, unless such provisions are in conflict with the Trust Indenture Act in which case the Trust Indenture Act shall control.
Casino Control Act. Each of the provisions of this Senior Assignment is subject to and shall be enforced in compliance with the provisions of the New Jersey Casino Control Act.
Casino Control Act. 36 SECTION 13. Reimbursement of Legal Fees....................................36 SCHEDULE 4.1-- GENERAL INFORMATION SCHEDULE 4.2 -- LOCATION OF EQUIPMENT AND INVENTORY SCHEDULE 4.4-- INVESTMENT RELATED PROPERTY SCHEDULE 4.5-- MATERIAL CONTRACTS SCHEDULE 4.6-- DESCRIPTION OF LETTERS OF CREDIT SCHEDULE 4.7-- INTELLECTUAL PROPERTY SCHEDULE 4.8-- COMMERCIAL TORT CLAIMS EXHIBIT A-- PLEDGE SUPPLEMENT EXHIBIT B-- FORM OF ACCOUNT CONTROL AGREEMENT EXHIBIT C-- FORM OF PERSONAL PROPERTY SECURITY INTEREST OPINION This PLEDGE AND SECURITY AGREEMENT, dated as of July 22, 2004 (this "AGREEMENT"), between ACE Gaming, LLC, a New Jersey limited liability company ("ACE"), Atlantic Coast Entertainment Holdings, Inc., a Delaware corporation (the "COMPANY"), any Additional Grantor (as herein defined) (each, a "GRANTOR"), and XXXXX FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as trustee (in such capacity as trustee, the "SECURED PARTY"), for the Holders under an Indenture dated as of July 22, 2004 among the Company , as issuer, the Secured Party, as trustee, and ACE, as guarantor (such Indenture, as it may be amended, supplemented, or otherwise modified from time to time in accordance with its terms, the "INDENTURE").
Casino Control Act. Notwithstanding the provisions of Section 11 hereof, each of the provisions of this Agreement is subject to and shall be enforced in compliance with the provisions of the Casino Control Act, to the extent applicable, and the regulations promulgated thereunder, unless such provisions are in conflict with the Trust Indenture Act of 1939, as amended from time to time ("TIA"), in which case the TIA shall control.
Casino Control Act. CCC........................................................................
Casino Control Act. (a) Notwithstanding anything to the contrary contained in this Agreement, this Agreement shall be deemed to include all provisions required by the Casino Control Act, N.J.
Casino Control Act. This Agreement is subject to the Trustee obtaining within three (3) months from the date hereof the consent of the Minister for the time being charged with the administration of the Casino Control Act 1982 to the entry into this Agreement by the Trustee and to the performance of all obligations by the Trustee pursuant to this Agreement failing which this Agreement will cease and determine in which event none of the parties hereto will have any claim against any other of them with respect to any matter or thing arising out of, done, performed or omitted to be done or performed under this Agreement or in anticipation of the coming into force of this Agreement.
