Common use of Events of Default by Lakes Clause in Contracts

Events of Default by Lakes. Each of the following occurring prior the date on which the particular Project has been substantially completed shall constitute a "Lakes Event of Default": (a) A Material Breach by Lakes. (b) Lakes violates any of the covenants in Section 9.1 of this Agreement, and sixty (60) days have passed following a request by Pawnee to Lakes to cure the violation, during which the violation has not been cured. (c) Subject to Section 10.3, any license, permit or approval required to be received or maintained by Lakes to perform its obligations under this Agreement is denied, suspended, or revoked by proper and reasonable action of any state or federal Governmental Authority, and all rights to appeal or review the action have been exhausted. (d) Lakes or any Affiliate of Lakes material to the uncompleted portion of the particular Project has: (i) filed for relief under the United States Bankruptcy Code or has suffered the filing of an involuntary petition under the Bankruptcy Code that is not dismissed within sixty (60) days after filing; (ii) a receiver appointed to take possession of all or substantially all of the property of Lakes or any Affiliate of Lakes material to the particular Project; or (iii) suffered an assignment for the benefit of creditors.

Appears in 3 contracts

Samples: Gaming Development Consulting Agreement (Lakes Entertainment Inc), Gaming Development Consulting Agreement (Lakes Entertainment Inc), Gaming Development Consulting Agreement (Lakes Entertainment Inc)

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Events of Default by Lakes. Each of the following occurring prior the date on which the particular Project has been substantially completed shall constitute a "Lakes Event of Default": (a) A Material Breach by Lakes. (b) Lakes violates any of the covenants in Section 9.1 7.1 of this Agreement, and sixty (60) days have passed following a request by Pawnee Kickapoo to Lakes to cure the violation, during which the violation has not been cured. (c) Subject to Section 10.38.3, any license, permit or approval required to be received or maintained by Lakes to perform its obligations under this Agreement is denied, suspended, or revoked by proper and reasonable action of any state or federal Governmental Authority, and all rights to appeal or review the action have been exhausted. (d) Lakes or any Affiliate of Lakes material to the uncompleted portion of the particular Project Facilities has: (i) filed for relief under the United States Bankruptcy Code or has suffered the filing of an involuntary petition under the Bankruptcy Code that is not dismissed within sixty (60) days after filing; (ii) a receiver appointed to take possession of all or substantially all of the property of Lakes or any Affiliate of Lakes material to the particular ProjectProject Facilities ; or (iii) suffered an assignment for the benefit of creditors.

Appears in 1 contract

Samples: Gaming Operations Consulting Agreement (Lakes Entertainment Inc)

Events of Default by Lakes. Each of the following occurring prior to the date on which the particular Project has been substantially completed shall constitute a "β€œLakes Event of Default"”: (a) A Material Breach by Lakes. (b) Lakes violates any of the covenants in Section 9.1 7.1 of this Agreement, and sixty (60) days have passed following a request by Pawnee the Authority and/or the Tribe to Lakes to cure the violation, during which the violation has not been curedcured unless caused by force majeure. (c) Subject to Section 10.38.3, any license, permit or approval required to be received or maintained by Lakes to perform its obligations under this Agreement is denied, suspended, or revoked by proper and reasonable action of any state or federal Governmental Authority, and all rights to appeal or review the action have been exhausted. (d) Lakes or any Affiliate of Lakes material to the uncompleted portion of the particular Project has: (i) filed for relief under the United States Bankruptcy Code or has suffered the filing of an involuntary petition under the Bankruptcy Code that is not dismissed within sixty (60) days after filing; (ii) had a receiver appointed to take possession of all or substantially all of the property of Lakes or any Affiliate of Lakes material to the particular ProjectLakes; or (iii) suffered an assignment for the benefit of creditors.

Appears in 1 contract

Samples: Development Financing and Services Agreement (Lakes Entertainment Inc)

Events of Default by Lakes. Each of the following occurring prior the date on which the particular Project has been substantially completed shall constitute a "Lakes Event of Default": (a) A Material Breach by Lakes. (b) Lakes violates any of the covenants in Section 9.1 7.1 of this Agreement, and sixty (60) days have passed following a request by Pawnee Iowa Corp to Lakes to cure the violation, during which the violation has not been cured. (c) Subject to Section 10.38.3, any license, permit or approval required to be received or maintained by Lakes to perform its obligations under this Agreement is denied, suspended, or revoked by proper and reasonable action of any state or federal Governmental Authority, and all rights to appeal or review the action have been exhausted. (d) Lakes or any Affiliate of Lakes material to the uncompleted portion of the particular Project Facilities has: (i) filed for relief under the United States Bankruptcy Code or has suffered the filing of an involuntary petition under the Bankruptcy Code that is not dismissed within sixty (60) days after filing; (ii) a receiver appointed to take possession of all or substantially all of the property of Lakes or any Affiliate of Lakes material to the particular ProjectProject Facilities; or (iii) suffered an assignment for the benefit of creditors.

Appears in 1 contract

Samples: Gaming Operations Consulting Agreement (Lakes Entertainment Inc)

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Events of Default by Lakes. Each of the following occurring prior the date on which the particular Project has been substantially completed shall constitute a "Lakes Event of Default": (a) A Material Breach by Lakes. (b) Lakes violates any of the covenants in Section 9.1 of this Agreement, and sixty (60) days have passed following a request by Pawnee Iowa Corp to Lakes to cure the violation, during which the violation has not been cured. (c) Subject to Section 10.3, any license, permit or approval required to be received or maintained by Lakes to perform its obligations under this Agreement is denied, suspended, or revoked by proper and reasonable action of any state or federal Governmental Authority, and all rights to appeal or review the action have been exhausted. (d) Lakes or any Affiliate of Lakes material to the uncompleted portion of the particular Project has: (i) filed for relief under the United States Bankruptcy Code or has suffered the filing of an involuntary petition under the Bankruptcy Code that is not dismissed within sixty (60) days after filing; (ii) a receiver appointed to take possession of all or substantially all of the property of Lakes or any Affiliate of Lakes material to the particular Project; or (iii) suffered an assignment for the benefit of creditors.

Appears in 1 contract

Samples: Gaming Development Consulting Agreement (Lakes Entertainment Inc)

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