Deliberately omitted. Lessor shall not agree to any mutual termination or accept any surrender of this Lease, nor shall Lessor consent to any material amendment or modification of this Lease, without the prior written consent of each Leasehold Mortgagee or Trustee.
Deliberately omitted. None of the Plans provide benefits with respect to current or former employees, officers, or directors (or their beneficiaries) of any Operating Subsidiary beyond their retirement or other termination of employment, other than (i) coverage for benefits mandated by applicable law, (ii) death benefits or retirement benefits under an employee pension benefit plan, or (iii) benefits, the full cost of which is borne by such current or former employees, officers, directors, or beneficiaries.
Deliberately omitted. BANK AND BROKERAGE ACCOUNTS; INVESTMENT ASSETS. SCHEDULE 2.24 sets forth (a) a true and complete list of the names and locations of all banks, trust companies, securities brokers and other financial institutions at which any Operating Subsidiary has an account or safe deposit box or maintains a banking, custodial, trading or other similar relationship; (b) a true and complete list and description of each such account, box and relationship, indicating in each case the account number and the names of the respective officers, employees, agents or other similar representatives of each Operating Subsidiary having signatory power with respect thereto; and (c) a list of each Investment Asset, the name of the record and beneficial owner thereof, the location of the certificates, if any, therefor, the maturity date, if any, and any stock or bond powers or other authority for transfer granted with respect thereto.
Deliberately omitted. Where a Customer has nominated that payments are to be made by direct debit from a nominated bank account they must complete a direct debit form as provided by Reseller. The Customer must ensure that there are sufficient funds in the nominated bank account on the due date for payment. Any dishonoured payments will incur a $45.00 administration fee.
Deliberately omitted. The parties intend this Lease to be a "net" Lease, subject to the terms and conditions of the REA. All expenses in connection with the operation of the Demised Premises and Improvements during the Term hereof shall be paid prior to the due date by Lessee, except where this Lease or the REA expressly provides otherwise.
Deliberately omitted. All construction performed on the Demised Premises or the Hotel/Casino Facilities shall be done in accordance with Articles 3 and 9 of the REA. ARTICLE VIII
Deliberately omitted. Unrecorded Mortgages of Subsidiary Mortgagor." Unrecorded Mortgages of Subsidiary Mortgagor. The Mortgage with respect to any Mortgaged Property may remain unrecorded provided that all of the following conditions are, and continue to be, satisfied: (i) the mortgage recording tax that would be payable by the mortgagor under such Mortgage with the jurisdiction in which such Mortgaged Property is located as a condition precedent to the recordation in such jurisdiction of such Mortgage, shall exceed one percent (1.0%) of the Eligible Costs with respect to such Mortgaged Property, (ii) such Mortgaged Property is owned by a Subsidiary Mortgagor that is and shall remain a single-purpose entity which, among other things, (A) has the ability and capacity as determined in the sole discretion of the Agent to pay the mortgage recording tax, (B) does not and shall not engage in any business other than owning and operating such Mortgaged Property, or acquire or own assets other than such Mortgaged Property and incidental personal property without the prior written consent of the Agent, which consent may be withheld for any reason or no reason, (C) has no debt as of the date hereof and shall not incur or create any debt except such debt agreed to in advance by the Agent in writing, (D) maintains its assets in a way which segregates and identifies such assets separate and apart from the assets of any other person or entity, (E) holds itself out to the public as a separate legal entity from any other person or entity, and (F) conducts business solely in its own name, (iii) the entire stock, partnership, membership and other ownership interests and privileges in such Subsidiary Mortgagor and any other property owned by such Subsidiary Mortgagor under clause (ii)(B) above are assigned and pledged to the Lenders pursuant to a Pledge and Security Agreement in the form of Exhibit P and appropriate Financing Statements are filed evidencing the collateral under the Pledge and Security Agreement , and (iv) the jurisdiction in which such Mortgaged Property is located permits the immediate recordation of such Mortgage at no cost or expense to the Agent or the Lenders other than payment of such mortgage recording tax and nominal recording charges. Notwithstanding anything to the contrary, the Borrower irrevocably agrees that each and every unrecorded Mortgage may be recorded at any time (A) immediately upon an Event of Default described in Section 6.1(a), (B) for any insubstantial, i...
Deliberately omitted. Documents to be Delivered at Closing. At or prior to the Closing, each Contributor and/or Constituent Partnership, as applicable, shall execute, acknowledge where deemed desirable or necessary by the Operating Partnership, and deliver to the Closing Agent, in addition to any other documents mentioned elsewhere herein, the following:
Deliberately omitted. A special warranty (or equivalent) deed (or assignment of ground leasehold interests, as applicable), bill of sale and assignments of leases, contracts and intangibles.
Deliberately omitted. Assignments and/or terminations of all Management and Leasing Agreements (as defined in Section 8.1(k), below), as provided in Section 12.1 hereof.
