Common use of Construction Disbursement Budget Amendment Process Clause in Contracts

Construction Disbursement Budget Amendment Process. The --------------------------------------------------- Construction Disbursement Budget may be amended from time to time in the manner set forth herein. Subject to SECTION 8.2 below, the Company shall have the ----------- right from time to time to amend the Construction Disbursement Budget to change the amounts allocated for specific line item components of the work required to complete the Isle-Black Hawk, including Soft Costs. Any such amendment shall be in writing and be submitted to the Disbursement Agent and the Independent Construction Consultant by an Officers' Certificate in the form of EXHIBIT F --------- hereto, together with the Independent Construction Consultant's certification, as provided in EXHIBIT 1 to the Construction Disbursement Budget Amendment --------- Certificate, and (if and to the extent such amendment relates to Hard Costs) the General Contractor's certification, as provided in EXHIBIT 2 to the Construction --------- Disbursement Budget Amendment Certificate. Upon receipt by the Disbursement Agent of an Officers' Certificate in the form of EXHIBIT F and the attachments, --------- all of which must be completed as to the information required therein, such amendment shall become effective hereunder and the Construction Disbursement Budget shall thereafter be as so amended.

Appears in 1 contract

Samples: Cash Collateral and Disbursement Agreement (Isle of Capri Black Hawk Capital Corp)

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Construction Disbursement Budget Amendment Process. The --------------------------------------------------- Construction Disbursement Budget may be amended from time to time in the manner set forth herein. Subject to SECTION Section 8.2 below, the Company shall have the ----------- right from time to time to amend the Construction Disbursement Budget to change the amounts allocated for specific line item components of the work required to complete the Isle-Riviera Black Hawk, including Soft Costs, and to reallocate Realized Savings from one line item to another. Any such amendment shall be in writing and shall identify with particularity the line items to be changed and the amount of such change, and shall be submitted to the Disbursement Agent and the Independent Construction Consultant by an Officers' Certificate in the form of EXHIBIT Exhibit F --------- attached hereto, together with the Independent Construction Consultant's certification, as provided in EXHIBIT Exhibit 1 to the Construction Disbursement Budget Amendment --------- Certificate, and (if and to the extent such amendment relates to Hard Costs) the General Contractor's certification, as provided in EXHIBIT Exhibit 2 to the Construction --------- Disbursement Budget Amendment Certificate, and the Architect's certification, as provided in Exhibit 3 to the Construction Disbursement Budget Amendment Certificate. Upon receipt by the Disbursement Agent of an Officers' Certificate in the form of EXHIBIT Exhibit F and the attachments, --------- all of which must be completed as to the information required therein, such amendment shall become effective hereunder and the Construction Disbursement Budget shall thereafter be as so amended.

Appears in 1 contract

Samples: Cash Collateral and Disbursement Agreement (Riviera Black Hawk Inc)

Construction Disbursement Budget Amendment Process. The --------------------------------------------------- Construction Disbursement Budget may be amended from time to time in the manner set forth herein. Subject to SECTION 8.2 belowSection 12.2, the Company shall have the ----------- right from time to time to amend the Construction Disbursement Budget to change the amounts allocated for specific line item components of the work required to complete the Isle-Black HawkProject, including Soft Costs, and to reallocate Realized Savings from one line item to another. Any such amendment shall be in writing and shall identify with specificity the line items to be changed and the amount of such change, and shall be submitted to the Disbursement Agent and the Independent Construction Consultant by an Officers' Certificate in the form of EXHIBIT F --------- Exhibit H-1 attached hereto, together with all exhibits, schedules and documents required thereunder (the Independent "Construction Consultant's certification, as provided Disbursement Budget Amendment Certificate"). The proposed amendment in EXHIBIT 1 to the Construction Disbursement Budget Amendment --------- Certificate, Certificate shall become effective upon the execution and (if and delivery by the Independent Construction Consultant to the extent such amendment relates to Hard Costs) the General Contractor's certification, as provided in EXHIBIT 2 to the Construction --------- Disbursement Budget Amendment Certificate. Upon receipt by the Disbursement Agent of an Officers' Officer's Certificate in the form of EXHIBIT F and Exhibit H-2 attached hereto. Notwithstanding the attachments, --------- all of which must be completed as foregoing or anything else to the information required thereincontrary in this Agreement, such amendment the Company shall become effective hereunder and not have the right to amend the Construction Disbursement Budget without the prior written consent of the Trustee and Hyatt Gaming (copies of which shall thereafter be as so amendeddelivered to the Disbursement Agent), which consent may be withheld in their sole and absolute discretion, if such amended Construction Disbursement Budget would require funds in excess of the Available Funds at any time.

Appears in 1 contract

Samples: Cash Collateral and Disbursement Agreement (Windsor Woodmont Black Hawk Resort Corp)

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Construction Disbursement Budget Amendment Process. The --------------------------------------------------- Construction Disbursement Budget may be amended from time to time in the manner set forth herein. Subject to SECTION 8.2 9.2 below, the Company shall have the ----------- right from time to time to amend the Construction Disbursement Budget to change increase the amounts allocated for specific line item components of the work required to complete the Isle-Black Hawk, including Soft CostsBossier City Project. Any such amendment shall be in writing and be submitted to the Disbursement Agent and the Independent Construction Consultant by an Officers' Officer's Certificate in the form of EXHIBIT F --------- G hereto, together with the Independent Construction Consultant's certification, as provided in EXHIBIT 1 to the Construction Disbursement Budget Amendment --------- Certificate, and (if and to the extent such amendment relates to Hard Costs) the General Contractor's certification from both Bellows and Max Foote, as proxxxxx xx EXHIBIT 2 to the Construction Disbursement Budget Amendment Certificate and the Project Architect's certification, as provided in EXHIBIT 2 3 to the Construction --------- Disbursement Budget Amendment Certificate. Upon receipt by the Disbursement Agent of an Officers' Officer's Certificate in the form of EXHIBIT F G and the attachments, --------- all of which must be completed as to the information required therein, such amendment shall become effective hereunder and the Construction Disbursement Budget shall thereafter be as so amended.

Appears in 1 contract

Samples: Cash Collateral and Disbursement Agreement (Casino Magic of Louisiana Corp)

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