Financial Sources. (a) Subject to subdivision (e) of this section 6.4.6, any person or entity extending financing, directly or indirectly, to a Tribe for a Gaming Facility or a Gaming Operation (a “Financial Source”) shall be licensed by the Tribal Gaming Agency prior to extending that financing.
(b) A license issued under this section shall be reviewed at least every two (2) years for continuing compliance. In connection with such a review, the Tribal Gaming Agency shall require the Financial Source to update all information provided in the previous application. For purposes of sections 6.5.2 and 6.5.6, such a review shall be deemed to constitute an application for renewal.
(c) Any agreement between the Tribe and a Financial Source shall be deemed to include a provision for its termination without further liability on the part of the Tribe, except for the bona fide repayment of all outstanding sums (exclusive of interest) owed as of the date of termination, upon revocation or non-renewal of the Financial Source’s license by the Tribal Gaming Agency based on a determination of unsuitability by the State Gaming Agency. The Tribe shall not enter into, or continue to make payments pursuant to, any contract or agreement for the provision of financing with any person whose application to the State Gaming Agency for a determination of suitability has been denied or has expired without renewal.
(d) A Gaming Resource Supplier who provides financing exclusively in connection with the provision, sale or lease of Gaming Resources obtained from that Supplier may be licensed solely in accordance with licensing procedures applicable, if at all, to Gaming Resource Suppliers, and need not be separately licensed as a Financial Source under this section.
(1) The Tribal Gaming Agency may, at its discretion, exclude from the licensing requirements of this section, the following Financial Sources under the circumstances stated.
(A) A federally-regulated or state-regulated bank, savings and loan association, or other federally- or state- regulated lending institution.
(B) An entity identified by Regulation CGCC-2, subdivision (f) (as in effect on the effective date of the Compact), of the California Gambling Control Commission, when that entity is a Financial Source solely by reason of being (i) a purchaser or a holder of debt securities issued directly or indirectly by the Tribe for a Gaming Facility or by the Gaming Operation or (ii) the owner of a participation interest in any amount of indebt...
Financial Sources. (a) Subject to subdivision (h) of this section, each Financial Source shall be licensed by the Tribal Gaming Agency prior to the Financial Source extending financing in connection with the Tribe’s Gaming Facility or Gaming Operation.
(b) Every Financial Source required to be licensed by the Tribal Gaming Agency shall, contemporaneously with the filing of its tribal license application, apply to the State Gaming Agency for a determination of suitability. In the event the State Gaming Agency denies or revokes the determination of suitability, the Tribal Gaming Agency shall deny or revoke the Financial Source’s license within thirty (30) days of receiving notice of denial or revocation from the State Gaming Agency.
(c) A license issued under this section shall be reviewed at least every two (2) years for continuing compliance. In connection with that review, the Tribal Gaming Agency shall require the Financial Source to update all information provided in the Financial Source’s previous application. For purposes of this section, that review shall be deemed to constitute an application for renewal.
(d) Any agreement between the Tribe and a Financial Source shall include, and shall be deemed to include, a provision for its termination without further liability on the part of the Tribe, except for the bona fide repayment of all outstanding sums (exclusive of interest) owed as of the date of termination upon revocation or non-renewal of the Financial Source’s license by the Tribal Gaming Agency based on a determination of unsuitability by the State Gaming Agency. The Tribe shall not enter into, or continue to make payments to a Financial Source pursuant to, any contract or agreement for the provision of financing with any person or entity whose application to the State Gaming Agency for a determination of suitability has been denied or whose determination of suitability has been revoked or has expired without renewal.
(e) A Gaming Resource Supplier who provides financing exclusively in connection with the provision, sale, or lease of Gaming Resources obtained from that Gaming Resource Supplier may be licensed solely in accordance with the licensing procedures applicable, if at all, to Gaming Resource Suppliers, and need not be separately licensed as a Financial Source under this section.
(f) The Tribal Gaming Agency may elect to license a person or entity as a Financial Source without requiring it to apply to the State Gaming Agency for a determination of suitabil...
Financial Sources. (a) Subject to subdivision (h) of this section, each Financial Source shall be licensed by the Tribal Gaming Agency prior to the Financial Source extending financing in connection with the Tribe’s Gaming Facility or Gaming Operation.
(b) Every Financial Source required to be licensed by the Tribal Gaming Agency shall, contemporaneously with the filing of its tribal license application, apply to the State Gaming Agency for a determination of suitability. In the event the State Gaming Agency denies or revokes the determination of suitability, the Tribal Gaming Agency shall deny or revoke the Financial Source’s license within thirty (30) days of receiving notice of denial or revocation from the State Gaming Agency.
(c) A license issued under this section shall be reviewed at least every two
Financial Sources. (a) On the date hereof and at all times at or prior to the Closing, pursuant to the Equity Commitment Letter, (i) Buyer Parent will have sufficient cash to contribute, or to cause to be contributed, the Closing Commitment Amount to Buyer in accordance with Section 5.11 and (ii) upon receipt of such Closing Commitment Amount, Buyer will have sufficient cash to pay the Preliminary Cash Consideration in accordance with the terms of Article II, all other amounts to be paid by the Buyer Group hereunder and all costs and expenses of the Buyer Group incurred in connection with the consummation of the transactions contemplated hereby. Attached to Section 4.5(a) of the Buyer Disclosure Letter is true, correct and complete signed counterpart(s) of the Equity Commitment Letter, which is in full force and effect, is a legal, valid and binding obligation of each of the parties thereto, subject to the Remedies Exception, and is not subject to any contingencies or conditions that are not set forth in the Equity Commitment Letter. Other than the Equity Commitment Letter, neither Buyer Parent nor Buyer has entered into any agreement pursuant to which any Person has the right to modify or amend the terms of the equity investment contemplated by the Equity Commitment Letter. Neither Buyer Parent nor Buyer is in default or breach and no event has occurred which, with or without notice, lapse of time or both, would constitute a default or breach under any term or condition of the Equity Commitment Letter. Neither Buyer Parent nor Buyer has a reasonable basis to believe that it, Sponsor or any other party thereto will be unable to satisfy on a timely basis any term or condition of closing to be satisfied pursuant to the Equity Commitment Letter.
(b) Each of Buyer Parent and Buyer understands that its obligations to effect the transactions contemplated by this Agreement are not subject to the availability to Buyer Parent and/or Buyer of any equity or debt financing, including the receipt of amounts contemplated to be funded under the Equity Commitment Letter.
Financial Sources. (a) Subject to subdivision (e) of this Section 6.4.6, any person or entity extending financing, directly or indirectly, to a Tribe for a Gaming Facility or a Gaming Operation (a "Financial Source") shall be licensed by the Tribal Gaming Agency prior to extending that financing.
Financial Sources. For the financing of the Brigade the following sources will be used:
Financial Sources. The Tribe shall review and consider in good faith all applications by any Financial Source for licensure or exemption from licensure as a direct or indirect financial source, and upon appropriate findings shall issue such license or exemption from licensure, all in accordance with the terms of the Compact and IGRA. In the event the validity of any financial source license or exemption from licensure issued by the Tribe to any Financial Source is challenged, the Tribe agrees to take all action necessary and available to the Tribe under the Compact to uphold and defend such license or exemption from licensure issued to such Financial Source." Exhibit 10.12
(h) By deleting from the first sentence of Section 10.2(i) the words "and be consistent with the provisions of this Agreement and the Management Agreement and not adversely affect the rights of Developer hereunder and thereunder."
(i) By adding a new Section 10.5:
Financial Sources
