Common use of Collateral Identification, Special Collateral Clause in Contracts

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity Interests, (2) Pledged Debt, (3) Securities Accounts, (4) Deposit Accounts, (5) Commodity Contracts and Commodity Accounts, (6) United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each Grantor, (7) Patent Licenses, Trademark Licenses, Trade Secret Licenses and Copyright Licenses constituting Intellectual Property material to such Grantor (other than licenses of commercially available software available on nondiscriminatory terms), (8) Commercial Tort Claims, (9) Letter of Credit Rights for letters of credit, (10) the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal property, and (11) Assigned Agreements; (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; (5) timber to be cut, or (6) aircraft, aircraft engines, satellites, ships or railroad rolling stock. No material portion of the Collateral consists of motor vehicles or other Goods subject to a certificate of title statute of any jurisdiction; (c) all information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects; (d) not more than 10% of the value of all personal property included in the Collateral is located in any country other than the United States; and (e) no Excluded Asset is material to the business of such Grantor other than Gaming Licenses.

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity InterestsInterests constituting Collateral, (2) Pledged Debt, (3) Securities AccountsAccounts other than any Excluded Securities Account, (4) Deposit AccountsAccounts other than any Excluded Deposit Account, (5) Commodity Contracts and Commodity Accounts, (6) United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each Grantor, (7) Material Patent Licenses, Material Trademark Licenses, Material Trade Secret Licenses and Material Copyright Licenses, and exclusive Copyright Licenses constituting Intellectual Property material to in respect of U.S. copyright registrations for which such Grantor (other than licenses of commercially available software available on nondiscriminatory terms)is the licensee and which have been recorded in the United States Copyright Office, (8) Commercial Tort ClaimsClaims other than Commercial Tort Claims having a value of less than $1,000,000 individually or $2,500,000 in the aggregate, (9) Letter of Credit Rights for letters of creditcredit other than any individual Letters of Credit Rights worth less than $1,000,000 or all Letters of Credit Rights worth less than $2,500,000 in the aggregate, and (10) the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal property, and (11) Assigned Agreements; (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; (5) timber to be cut, or (6) aircraft, aircraft engines, satellites, ships or railroad rolling stock. No material portion of the Collateral consists of motor vehicles or other Goods subject to a certificate of title statute of any jurisdiction;; and (c) all information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects; (d) not more than 10% of the value of all personal property included in the Collateral is located in any country other than the United States; and (e) no Excluded Asset is material to the business of such Grantor other than Gaming Licenses.

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity Interests, (2) Pledged Debt, (3) Securities Accounts, (4) Deposit Accounts, (5) Commodity Contracts and Commodity Accounts, (6) United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each Grantor, (7) Patent Licenses, Trademark Licenses, Trade Secret Licenses and Copyright Licenses constituting Intellectual Property material to such Grantor (other than licenses of commercially available software available on nondiscriminatory terms)Licenses, (8) Commercial Tort ClaimsClaims other than any Commercial Tort Claims having a value of less than $1,000,000 individually or $1,000,000 in the aggregate, (9) Letter of Credit Rights for letters of creditcredit other than any Letters of Credit Rights worth less than $1,000,000 individually or $1,000,000 in the aggregate, (10) the name and address of any warehouseman, bailee or other third party in possession of any InventoryInventory (excepting the Collateral Agent acting as Collateral Agent under the First Lien Security Agreement), Equipment and other tangible personal propertyproperty other than any Inventory, and (11) Assigned AgreementsEquipment or other tangible personal property having a value less than $1,000,000 individually or $1,000,000 in the aggregate. Each Grantor shall supplement such schedules as necessary to ensure that such schedules are accurate on each Credit Date; (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; (5) timber to be cut, or (65) aircraft, aircraft engines, satellites, ships or railroad rolling stock. No material portion of the Collateral collateral consists of motor vehicles or other Goods goods subject to a certificate of title statute of any jurisdiction; (c) all information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects; (d) not more than 10% of the value of all personal property included in the Collateral is located in any country other than the United States; and (e) no Excluded Asset is material to the business of such Grantor other than Gaming LicensesGrantor.

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity Interests, (2) Pledged Debt, (3) Securities Accounts, (4) Deposit Accounts, (5) Commodity Contracts and Commodity Accounts, (6) United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each Grantor, (7) Patent Licenses, Trademark Licenses, Trade Secret Licenses and Copyright Licenses constituting Intellectual Property material to such Grantor (other than licenses of commercially available software available on nondiscriminatory terms), (8) Commercial Tort Claims, (9) Letter of Credit Rights for letters of credit, (10) the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal property, and (11) Assigned Agreements; (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; (5) timber to be cut, or (6) aircraft, aircraft engines, satellites, ships or railroad rolling stock. No material portion of the Collateral consists of motor vehicles or other Goods subject to a certificate of title statute of any jurisdiction; (c) all information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects; (d) not more than 10% of the value of all personal property included in the Collateral is located in any country other than the United States; and (e) no Excluded Asset is material to the business of such Grantor other than Gaming Licenses.

Collateral Identification, Special Collateral. (a) As of the Closing Date and as of the date of each Security Agreement Supplement delivered pursuant to this Agreement, Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity InterestsEquity, (2) Pledged Debt, (3) Securities Accounts, (4) Deposit Accounts, (5) Commodity Contracts and Commodity Accounts, (6) United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each such Grantor, (7) material Patent Licenses, material Trademark Licenses, Trade Secret Licenses and material Copyright Licenses constituting Intellectual Property material to such Grantor (other than licenses of commercially available software available on nondiscriminatory termsexcept for any off-the-shelf software), (8) Commercial Tort ClaimsClaims other than any Commercial Tort Claims having a value of less than $750,000 individually or $1,000,000 in the aggregate, (9) Letter of Credit Rights for letters of creditcredit other than any Letters of Credit Rights worth less than $100,000 individually or $100,000 in the aggregate, and (10) the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal propertyproperty other than any Inventory, Equipment or other tangible personal property having a value less than $100,000 individually or $100,000 in the aggregate. Each Grantor shall supplement such schedules as necessary to ensure that such schedules are accurate on the date of each making of a Loan and (11) Assigned Agreementseach issuance of a Letter of Credit following the Closing Date; (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; (5) timber to be cut, or (65) aircraft, aircraft engines, satellites, ships or railroad rolling stock. No material portion of the Collateral collateral consists of motor vehicles or other Goods goods subject to a certificate of title statute of any jurisdiction; (c) all information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects;; and (d) not more than 10% of the value of all personal property included in the Collateral is located in any country no Excluded Property, other than the United States; and (e) no Excluded Asset equity interests described in Section 2.2(b), is material to the business of such Grantor other than Gaming LicensesGrantor.

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity InterestsInterests (other than Equity Interests held by any Grantor in any Dormant Subsidiary), (2) all Equity Interests held by a Grantor (that would otherwise constitute a Pledged Debt, Equity Interest) to the extent it secures or is the subject of a negative pledge to support Non-Recourse Indebtedness of the Borrower or any other Grantor is set forth under the heading “Excluded Equity Interests,” (3) Securities AccountsPledged Debt (other than mortgage loans or consumer loans owned by any Grantor in the ordinary course of business), (4) Deposit AccountsSecurities Accounts other than any Securities Accounts holding assets with a market value of less than $500,000 individually or $1,000,000 in the aggregate, (5) Deposit Accounts other than any Deposit Accounts holding less than $500,000 individually or $1,000,000 in the aggregate, (6) Commodity Contracts and Commodity Accounts, (67) all United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each Grantor, (7) 8) all Patent Licenses, Trademark Licenses, Trade Secret Licenses and Copyright Licenses constituting Material Intellectual Property material to such Grantor (other than licenses of commercially available software available on nondiscriminatory terms), (8) Commercial Tort ClaimsProperty, (9) Commercial Tort Claims other than any Commercial Tort Claims having a value of less than $500,000 individually and $1,000,000 in the aggregate, and (10) Letter of Credit Rights for letters of creditcredit other than any Letters of Credit Rights worth less than $500,000, (10) individually or $1,000,000 in the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal property, and (11) Assigned Agreementsaggregate. Each Grantor shall supplement such schedules as necessary to ensure that such schedules are accurate on each Increased Amount Date; (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; , (54) timber to be cut, or (65) aircraft, aircraft engines, satellites, ships or railroad rolling stock. No material portion of the Collateral collateral consists of motor vehicles or other Goods goods subject to a certificate of title statute of any jurisdiction; (c) all information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects;; and (d) not more than 10% of the value of all personal property included in the Collateral is located in any country other than the United States; and (e) no Excluded Asset is material to the business of such Grantor other than Gaming Licenses.

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity Interests, (2) Pledged Debt, (3) Securities Accounts, (4) Deposit Accounts, (5) Commodity Contracts and Commodity Accounts, (6) United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each GrantorGrantor (other than Intellectual Property registrations and applications owned by any Grantor that are either (A) expired or lapsed, (B) abandoned, or (C) Intellectual Property registrations or applications that such Grantor has instructed its applicable advisor, including in-house counsel, to abandon or allow to lapse), (7) material Copyright Licenses, Patent Licenses, Trademark Licenses, Licenses and Trade Secret Licenses to which any Grantor is a party, but excluding computer software licenses and Copyright Licenses constituting Intellectual Property material to such Grantor (other than licenses of commercially available software available on nondiscriminatory terms)confidentiality/non-disclosure agreements, (8) Commercial Tort Claims, and (9) Letter of Credit Rights for letters of credit, (10) the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal property, and (11) Assigned Agreements; (b) none no material portion of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; (5) timber to be cut, or (6) aircraft, aircraft engines, satellites, ships or railroad rolling stock. No material portion of the Collateral consists of motor vehicles or other Goods goods subject to a certificate of title statute of any jurisdiction; (c) all written information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects;; and (d) not more than 105% of the value of all tangible personal property included in the Collateral is located in any country other than the United States; and (e) no Excluded Asset is material to the business of such Grantor other than Gaming Licenses.

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such Grantor’s's: (1) Pledged Equity Interests, (2) Pledged Debt, (3) Securities Accounts, (4) Deposit Accounts, (5) Commodity Contracts and Commodity Accounts, (6) all United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each Grantor, (7) all Patent Licenses, Trademark Licenses, Trade Secret Licenses and Copyright Licenses constituting Intellectual Property material to such Grantor (other than licenses of commercially available software available on nondiscriminatory terms)Licenses, (8) Commercial Tort Claims, (9) Letter of Credit Rights included in the Collateral for letters of creditcredit having a value in excess of $1,000,000, (10) the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal propertyproperty (other than any Inventory or Equipment in transit), and (11) Assigned AgreementsMaterial Contracts; (bi) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; (5) timber to be cut, or (6) aircraft, aircraft engines, satellitessatellites or ships, ships or railroad rolling stock. No and (ii) no material portion of the Collateral consists of railroad rolling stock, motor vehicles or other Goods subject to a certificate of title statute of any jurisdiction; (c) all information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects; (d) not more than 10% of the value of all personal property included in the Collateral is located in any country other than the United States; and (e) no Excluded Asset (except for timber to be cut, any Equity Interests in Augusta Newsprint Company and The Apache Railway Company, and the assets to be sold in connection with the Snowflake Disposition as described on Schedule 2.2 hereto) is material to the business of such Grantor other than Gaming LicensesGrantor.

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity Interests, (2) Equity Interests (that would otherwise constitute a Pledged DebtEquity Interest) to the extent they secure or are the subject of a negative pledge to support Non-Recourse Indebtedness of Parent, the Company or any other Grantor, (3) Securities AccountsPledged Debt (other than mortgage loans or consumer loans owned by any Grantor in the ordinary course of business), (4) Deposit AccountsSecurities Accounts included in the Collateral other than any Securities Accounts holding assets with a market value of less than $1,000,000 individually or $5,000,000 in the aggregate, (5) Deposit Accounts included in the Collateral other than any Deposit Accounts holding less than $1,000,000 individually or $5,000,000 in the aggregate, (6) Commodity Contracts and Commodity Accounts, (67) all United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each Grantor, (7) 8) all Patent Licenses, Trademark Licenses, Trade Secret Licenses and Copyright Licenses constituting Material Intellectual Property material to such Grantor (other than licenses of commercially available software available on nondiscriminatory terms), (8) Commercial Tort ClaimsProperty, (9) Commercial Tort Claims other than any Commercial Tort Claims having a value of less than $500,000 individually and $1,000,000 in the aggregate, and (10) Letter of Credit Rights for letters of creditcredit other than any Letters of Credit Rights worth less than $500,000, (10) individually or $1,000,000 in the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal property, and (11) Assigned Agreementsaggregate. Each Grantor shall supplement such schedules as necessary to ensure that such schedules are accurate on each Increased Amount Date; (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; , (54) timber to be cut, cut or (65) aircraft, aircraft engines, satellites, ships or railroad rolling stock. No material portion of the Collateral collateral consists of motor vehicles or other Goods goods subject to a certificate of title statute of any jurisdiction; (c) all information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects;; and (d) not more than 10% of the value of all personal property included in the Collateral (other than the Equity Interests of Foreign Subsidiaries of the Parent) is located in any country other than the United States; and (e) no Excluded Asset is material to the business of such Grantor other than Gaming Licenses.

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity Interests, (2) Pledged Debt, (3) Securities AccountsAccounts other than any Securities Accounts holding assets with a market value of less than $250,000 individually or $1,000,000 in the aggregate, (4) Deposit AccountsAccounts other than any Deposit Accounts holding less than $250,000 individually or $1,000,000 in the aggregate, (5) Commodity Contracts and Commodity Accounts, (6) all United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each Grantor, (7) all material Patent Licenses, Trademark Licenses, Trade Secret Licenses and Copyright Licenses constituting Intellectual Property material to such Grantor (other than licenses of commercially available software available on nondiscriminatory terms)Licenses, (8) Commercial Tort ClaimsClaims other than any Commercial Tort Claims having a value of less than $250,000 individually and $1,000,000 in the aggregate, (9) Letter of Credit Rights for letters of credit, credit other than any Letters of Credit Rights worth less than $250,000 individually or $1,000,000 in the aggregate and (10) the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal propertyproperty other than any Inventory, and (11) Assigned AgreementsEquipment or other tangible personal property having a value less than $500,000 individually or $1,000,000 in the aggregate. Each Grantor shall supplement such schedules as necessary to ensure that such schedules are accurate on each Credit Date; (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; (5) timber to be cut, or (6) aircraft, aircraft engines, satellites, ships or railroad rolling stock. No material portion of the Collateral collateral consists of motor vehicles or other Goods goods subject to a certificate of title statute of any jurisdiction; (c) all information supplied in writing by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects; (d) not more than 10% of the value of all personal property included in the Collateral is located in any country other than the United States (solely for purposes of this clause (d), it being understood that Pledged Equity Interests and Pledged Debt issued by Subsidiaries formed under the laws of a jurisdiction outside the United States shall not be deemed to be Collateral located outside the United States); and (e) no Excluded Asset is material to the business of such Grantor other than Gaming LicensesGrantor.

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity Interests, (2i) Pledged Debt, (3ii) Securities Accounts, (4iii) Deposit Accounts, (5iv) Commodity Contracts and Commodity Accounts, (6v) all United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each such Grantor, (7vi) all Material Patent Licenses, Material Trademark Licenses, Material Trade Secret Licenses and Material Copyright Licenses, and exclusive Copyright Licenses constituting Intellectual Property material to in respect of U.S. copyright registrations for which such Grantor (other than licenses of commercially available software available on nondiscriminatory terms)is the licensee and which have been recorded in the United States Copyright Office, (8) vii) Commercial Tort Claims, (9viii) Letter of Letter-of-Credit Rights for letters of credit, and (10ix) the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal property, and (11) Assigned Agreements;. (b) none None of the Collateral constitutes, or is the Proceeds of, (1i) Farm Products, (2ii) As-Extracted Collateral, (3iii) Manufactured Homes, (4iv) Health-Care-Insurance Receivables; (5v) timber to be cut, cut or (6vi) aircraft, aircraft engines, satellites, ships or railroad rolling stock. No material portion of the Collateral consists of motor vehicles or other Goods subject to a certificate of title statute of any jurisdiction;. (c) all All information supplied by any such Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects;. (d) not Not more than 10% of the value of all personal property included in the Collateral is located in any country other than the United States; and (e) no Excluded Asset is material to the business of such Grantor other than Gaming Licenses.

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity Interests, (2) Equity Interests (that would otherwise constitute a Pledged DebtEquity Interest) to the extent they secure or are the subject of a negative pledge to support Non-Recourse Indebtedness of Parent, the Company or any other Grantor, (3) Securities AccountsPledged Debt (other than mortgage loans or consumer loans owned by any Grantor in the ordinary course of business), (4) Deposit AccountsSecurities Accounts included in the Collateral other than any Securities Accounts holding assets with a market value of less than $1,000,000 individually or $5,000,000 in the aggregate, (5) Deposit Accounts included in the Collateral other than any Deposit Accounts holding less than $1,000,000 individually or $5,000,000 in the aggregate, (6) Commodity Contracts and Commodity Accounts, (67) all United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each Grantor, (7) 8) all Patent Licenses, Trademark Licenses, Trade Secret Licenses and Copyright Licenses constituting Material Intellectual Property material to such Grantor (other than licenses of commercially available software available on nondiscriminatory terms), (8) Commercial Tort ClaimsMaterial Intellectual Property, (9) Commercial Tort Claims other than any Commercial Tort Claims having a value of less than $500,000 individually and $1,000,000 in the aggregate, and (10) Letter of Credit Rights for letters of creditcredit other than any Letters of Credit Rights worth less than $500,000, (10) individually or $1,000,000 in the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal property, and (11) Assigned Agreementsaggregate. Each Grantor shall supplement such schedules as necessary to ensure that such schedules are accurate on each Increased Amount Date; (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; , (54) timber to be cut, cut or (65) aircraft, aircraft engines, satellites, ships or railroad rolling stock. No material portion of the Collateral collateral consists of motor vehicles or other Goods goods subject to a certificate of title statute of any jurisdiction; (c) all information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects;; and (d) not more than 10% of the value of all personal property included in the Collateral is other than the Equity Interests of Foreign Subsidiaries of the Parent located in any country other than the United States; and (e) no Excluded Asset is material to the business of such Grantor other than Gaming Licenses.

Collateral Identification, Special Collateral. (a) As of the Closing Date and as of the date of each Security Agreement Supplement delivered pursuant to this Agreement, Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity InterestsEquity, (2) Pledged Debt, (3) Securities Accounts, (4) Deposit Accounts, (5) Commodity Contracts and Commodity Accounts, (6) United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each such Grantor, (7) material Patent Licenses, material Trademark Licenses, Trade Secret Licenses and material Copyright Licenses constituting Intellectual Property material to such Grantor (other than licenses of commercially available software available on nondiscriminatory termsexcept for any off-the-shelf software), (8) Commercial Tort ClaimsClaims other than any Commercial Tort Claims having a value of less than $750,000 individually or $1,000,000 in the aggregate, (9) Letter of Credit Rights for letters of creditcredit other than any Letters of Credit Rights worth less than $100,000 individually or $100,000 in the aggregate, and (10) the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal propertyproperty other than any Inventory, Equipment or other tangible personal property having a value less than $100,000 individually or $100,000 in the aggregate. Each Grantor shall supplement such schedules as necessary to ensure that such schedules are accurate on the date of each making of a Loan and (11) Assigned Agreementseach issuance of a Letter of Credit following the Closing Date; (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; (5) timber to be cut, or (65) aircraft, aircraft engines, satellites, ships or railroad rolling stock. No material portion of the Collateral collateral consists of motor vehicles or other Goods goods subject to a certificate of title statute of any jurisdiction; (c) all information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects;; and (d) not more than 10% of the value of all personal property included in the Collateral is located in any country no Excluded Property, other than the United States; and (eequity interests described in Sections 2.2(b) no Excluded Asset and 2.2(d), is material to the business of such Grantor other than Gaming LicensesGrantor.

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to timetime with notice to, but without any action by or consent required from, the Notes Collateral Trustee) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity Interests, (2) Pledged Debt, (3) Securities Accounts, (4) Deposit Accounts, (5) Commodity Contracts and Commodity Accounts, (6) United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each Grantor, (7) Patent Licenses, Trademark Licenses, Trade Secret Licenses and Copyright Licenses constituting Material Intellectual Property material to such Grantor (other than licenses of commercially available software available on nondiscriminatory terms)Property, (8) Commercial Tort Claims, (9) Letter of Credit Rights for letters of credit, and (10) the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal property, and (11) Assigned Agreements; (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; (5) timber to be cut, or (6) aircraft, aircraft engines, satellites, ships or railroad rolling stock. No material portion of the Collateral collateral consists of motor vehicles or other Goods goods subject to a certificate of title statute of any jurisdiction; (c) all information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects; (d) not more than 10% of the value of all personal property included in the Collateral is located in any country other than the United States; and (e) no Excluded Asset is material to the business of such Grantor other than Gaming LicensesGrantor.

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such the Grantor’s: (1) Pledged Equity Interests, (2) Equity Interests (that would otherwise constitute a Pledged DebtEquity Interest) to the extent they secure or are the subject of a negative pledge to support Non-Recourse Indebtedness of the Grantor, (3) Securities AccountsPledged Debt (other than mortgage loans or consumer loans owned by the Grantor in the ordinary course of business), (4) Deposit AccountsSe- curities Accounts included in the Collateral other than any Securities Accounts holding assets with a market value of less than $1,000,000 individually or $5,000,000 in the aggregate, (5) Deposit Accounts included in the Collateral other than any Deposit Accounts holding less than $1,000,000 individually or $5,000,000 in the aggregate, (6) Commodity Contracts and Commodity Accounts, (67) all United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each Grantorthe Gran- tor, (7) 8) all Patent Licenses, Trademark Licenses, Trade Secret Licenses and Copyright Licenses constituting Material Intellectual Property material to such Grantor (other than licenses of commercially available software available on nondiscriminatory terms), (8) Commercial Tort ClaimsProperty, (9) Commercial Tort Claims other than any Commercial Tort Claims having a value of less than $500,000 individually and $1,000,000 in the aggregate, and (10) Letter of Credit Rights for letters of credit, (10) credit other than any Letters of Credit Rights worth less than $500,000 individually or $1,000,000 in the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal property, and (11) Assigned Agreementsaggregate. The Grantor shall supplement such schedules as necessary to ensure that such schedules are accurate on the Subsequent Issue Date; (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; , (54) timber to be cut, cut or (65) aircraft, aircraft engines, satellites, ships or railroad rolling stock. No material portion of the Collateral collateral consists of motor vehicles or other Goods goods subject to a certificate of title statute of any jurisdiction; (c) all information supplied by any the Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects;; and (d) not more than 10% of the value of all personal property included in the Collateral (other than the Equity Interests of Foreign Subsidiaries of the Grantor) is located in any country other than the United States; and (e) no Excluded Asset is material to the business of such Grantor other than Gaming Licenses.

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity Interests, (2) Equity Interests (that would otherwise constitute a Pledged DebtEquity Interest) to the extent they secure or are the subject of a negative pledge to support Non-Recourse Indebtedness of Parent, the Company or any other Grantor, (3) Securities AccountsPledged Debt (other than mortgage loans or consumer loans owned by any Grantor in the ordinary course of business), (4) Deposit AccountsSecurities Accounts included in the Collateral other than any Securities Accounts holding assets with a market value of less than $1,000,000 individually or $5,000,000 in the aggregate, (5) Deposit Accounts included in the Collateral other than any Deposit Accounts holding less than $1,000,000 individually or $5,000,000 in the aggregate, (6) Commodity Contracts and Commodity Accounts, (67) all United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each Grantor, (7) 8) all Patent Licenses, Trademark Licenses, Trade Secret Licenses and Copyright Licenses constituting Material Intellectual Property material to such Grantor (other than licenses of commercially available software available on nondiscriminatory terms), (8) Commercial Tort ClaimsProperty, (9) Commercial Tort Claims other than any Commercial Tort Claims having a value of less than $500,000 individually and $1,000,000 in the aggregate, and (10) Letter of Credit Rights for letters of creditcredit other than any Letters of Credit Rights worth less than $500,000, (10) individually or $1,000,000 in the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal property, and (11) Assigned Agreementsaggregate. Each Grantor shall supplement such schedules as necessary to ensure that such schedules are accurate on each Increased Amount Date; (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; , (54) timber to be cut, cut or (65) aircraft, aircraft engines, satellites, ships or railroad rolling stock. No material portion of the Collateral collateral consists of motor vehicles or other Goods goods subject to a certificate of title statute of any jurisdiction; (c) all information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects;; and (d) not more than 10% of the value of all personal property included in the Collateral is other than the Equity Interests of Foreign Subsidiaries of the Parent located in any country other than the United States; and (e) no Excluded Asset is material to the business of such Grantor other than Gaming Licenses.

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity Interests, (2) Pledged Debt, (3) Securities Accounts, (4) Deposit Accounts, (5) Commodity Contracts and Commodity Accounts, (6) United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each Grantor, (7) material Copyright Licenses, Patent Licenses, Trademark Licenses, Licenses and Trade Secret Licenses to which any Grantor is a party, but excluding computer software licenses and Copyright Licenses constituting Intellectual Property material to such Grantor (other than licenses of commercially available software available on nondiscriminatory terms)confidentiality/non-disclosure agreements, (8) Commercial Tort Claims, (9) Letter of Credit Rights for letters of credit, and (10) the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal property, and (11) Assigned Agreements. Each Grantor shall supplement such schedules at the time of delivery of its quarterly financial statements in accordance with the terms of the Credit Agreement; (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; (5) timber to be cut, or (6) aircraft, aircraft engines, satellites, ships or railroad rolling stock. No material portion of the Collateral consists of motor vehicles or other Goods goods subject to a certificate of title statute of any jurisdiction; (c) all information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects; (d) not more than 102% of the value of all tangible personal property included in the Collateral is located in any country other than the United States; and (e) no Excluded Asset (other than the Borrower’s rights or interests under the Gestine APA prior to the Gestine Transfer (solely to the extent that such rights or interests would be deemed to be Excluded Assets)) is material to the business of such Grantor other than Gaming LicensesGrantor.

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to time; provided, that it is understood and agreed that (x) Schedule 5.2 is not required to be delivered until the date that is forty-five (45) days following the date hereof (or such later date as the First Out Agents may agree in their discretion) and (y) the representations set forth in this clause (a) shall not be applicable prior to the date of delivery, but shall be applicable thereafter) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity Interests, (2) Pledged Debt, (3) Securities Accounts, (4) Deposit Accounts, (5) Commodity Contracts and Commodity AccountsContracts, (6) United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each Grantor, (7) exclusive Patent Licenses, Trademark Licenses, Trade Secret Licenses and Copyright Licenses constituting Intellectual Property material to such Grantor (other than licenses of commercially available software available on nondiscriminatory terms)Licenses, (8) Commercial Tort ClaimsClaims having a value in excess of $500,000, (9) Letter of Credit Rights for letters of creditRights, (10) the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal property, property having a value in excess of $1,000,000 and (11) Assigned Agreementsany Material Leases (as defined in the First Out Credit Agreement); (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (43) Health-Care-Insurance Receivables; (54) timber to be cut, or (65) aircraft, aircraft engines, satellites, ships or railroad rolling stock. No material portion of the Collateral consists of motor vehicles Vehicles or other Goods goods subject to a certificate of title statute of any jurisdiction;; and (c) all information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular type or class of Collateral) is is, to the knowledge of such Grantor, accurate and complete in all material respects; (d) not more than 10% of the value of all personal property included in the Collateral is located in any country other than the United States; and (e) no Excluded Asset is material to the business of such Grantor other than Gaming Licenses.

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity Interests, (2) Equity Interests (that would otherwise constitute a Pledged DebtEquity Interest) to the extent they secure or are the subject of a negative pledge to support Non-Recourse Indebtedness of Parent, the Borrower or any other Grantor, (3) Securities AccountsPledged Debt (other than mortgage loans or consumer loans owned by any Grantor in the ordinary course of business), (4) Deposit AccountsSecurities Accounts other than any Securities Accounts holding assets with a market value of less than $500,000 individually or $1,000,000 in the aggregate, (5) Deposit Accounts other than any Deposit Accounts holding less than $500,000 individually or $1,000,000 in the aggregate, (6) Commodity Contracts and Commodity Accounts, (67) all United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each Grantor, (7) 8) all Patent Licenses, Trademark Licenses, Trade Secret Licenses and Copyright Licenses constituting Material Intellectual Property material to such Grantor (other than licenses of commercially available software available on nondiscriminatory terms), (8) Commercial Tort Claims, (9) Commercial Tort Claims other than any Commercial Tort Claims having a value of less than $500,000 individually and $1,000,000 in the aggregate, and (10) Letter of Credit Rights for letters of creditcredit other than any Letters of Credit Rights worth less than $500,000, (10) individually or $1,000,000 in the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal property, and (11) Assigned Agreementsaggregate. Each Grantor shall supplement such schedules as necessary to ensure that such schedules are accurate on each Increased Amount Date; (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; , (54) timber to be cut, cut or (65) aircraft, aircraft engines, satellites, ships or railroad rolling stock. No material portion of the Collateral collateral consists of motor vehicles or other Goods goods subject to a certificate of title statute of any jurisdiction; (c) all information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects;; and (d) not more than 10% of the value of all personal property included in the Collateral is other than the Equity Interests of Foreign Subsidiaries of the Borrower located in any country other than the United States; and (e) no Excluded Asset is material to the business of such Grantor other than Gaming Licenses.