Common use of Gaming Redemption Clause in Contracts

Gaming Redemption. Each Holder, by accepting a Note, shall be deemed to have agreed that, if any Gaming Authority requires that a Person who is a Holder or the beneficial owner of Notes be registered, licensed, qualified or found suitable under applicable Gaming Laws, such Holder or beneficial owner, as the case may be, shall apply for a license, qualification or a finding of suitability in accordance with such Gaming Laws. If such Person fails to apply or become registered, licensed or qualified or is found unsuitable, the Issuers shall have the right, at their option: (a) to require such Person to dispose of its Notes or beneficial interest therein within 30 days of receipt of notice of the Issuers’ election or such earlier date as may be requested or prescribed by such Gaming Authority; or to redeem such Notes, upon not less than 30 days’ notice (or such earlier date as may be requested or prescribed by such Gaming Authority), at a redemption price equal to: (A) the lesser of: (i) the Person’s cost for such Notes, plus accrued and unpaid interest, if any, to the earlier of the date of redemption or the date of the finding of unsuitability or failure to comply; and (ii) 100% of the principal amount thereof, plus accrued and unpaid interest, if any, to the earlier of the date of redemption or the date of the finding of unsuitability or failure to comply; or (B) such other amount as may be required by applicable law or order of the Gaming Authority. (b) Eldorado shall notify the Trustee in writing of any such disqualified Holder status or redemption as soon as practicable. The Issuers shall not be responsible for any costs or expenses any Holder or beneficial owner may incur in connection with its registration, application for a license, qualification or a finding of suitability, or any renewal or continuation of the foregoing or compliance with any other requirement of a Gaming Authority. Those costs and expenses will be the obligations of the Holder or beneficial owner, as applicable.

Appears in 2 contracts

Samples: Indenture (Eldorado Resorts, Inc.), Indenture (NGA Holdco, LLC)

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Gaming Redemption. Each Holder, by accepting a Note, shall be deemed to have agreed that, if any Gaming Authority requires that a Person who is a Holder or the beneficial owner of Notes be registered, licensed, qualified or found suitable under applicable Gaming Laws, such Holder or beneficial owner, as the case may be, shall apply for a license, qualification or a finding of suitability in accordance with such Gaming Laws. If such Person fails to apply or become registered, licensed or qualified or is found unsuitable, the Issuers shall have the right, at their option: (a) to require such Person to dispose of its Notes or beneficial interest therein within 30 days of receipt of notice of the Issuers’ election or such earlier date as may be requested or prescribed by such Gaming Authority; or to redeem such Notes, upon not less than 30 days’ notice (or such earlier date as may be requested or prescribed by such Gaming Authority), at a redemption price equal to: (A1) the lesser of: (iA) the Person’s cost for such Notes, plus accrued and unpaid interest, if any, to the earlier of the date of redemption or the date of the finding of unsuitability or failure to comply; and (iiB) 100% of the principal amount thereof, plus accrued and unpaid interest, if any, to the earlier of the date of redemption or the date of the finding of unsuitability or failure to comply; or (B2) such other amount as may be required by applicable law or order of the Gaming Authority. (b) Eldorado shall notify the Trustee in writing of any such disqualified Holder status or redemption as soon as practicable. The Issuers shall not be responsible for any costs or expenses any Holder or beneficial owner may incur in connection with its registration, application for a license, qualification or a finding of suitability, or any renewal or continuation of the foregoing or compliance with any other requirement of a Gaming Authority. Those costs and expenses will be the obligations of the Holder or beneficial owner, as applicable.

Appears in 2 contracts

Samples: Indenture (Eldorado Resorts, Inc.), Indenture (NGA Holdco, LLC)

Gaming Redemption. Each Holderholder, by accepting a Note, shall be deemed to have agreed that, if any Gaming Authority requires that a Person person who is a Holder holder or the beneficial owner of Notes be registered, licensed, qualified or found suitable under applicable Gaming Laws, such Holder or beneficial owner, as the case may be, shall apply for a license, qualification or a finding of suitability in accordance with such Gaming Laws. If such Person fails to apply or become registered, licensed or qualified or is found unsuitable, the Issuers shall have the right, at their option: (a) to require such Person to dispose of its Notes or beneficial interest therein within 30 days of receipt of notice of the Issuers’ election or such earlier date as may be requested or prescribed by such Gaming Authority; or or (b) to redeem such Notes, upon not less than 30 days’ notice (or such earlier date as may be requested or prescribed by such Gaming Authority), at a redemption price equal to:; (A1) the lesser of: (iA) the Person’s cost for such Notes, plus accrued and unpaid interest, if any, to the earlier of the date of redemption or the date of the finding of unsuitability or failure to comply; and (iiB) 100% of the principal amount thereof, plus accrued and unpaid interest, if any, to the earlier of the date of redemption or the date of the finding of unsuitability or failure to comply; or (B2) such other amount as may be required by applicable law or order of the Gaming Authority. (bc) Eldorado shall notify the Trustee in writing of any such disqualified Holder holder status or redemption as soon as practicable. The Issuers shall not be responsible for any costs or expenses any Holder or beneficial owner may incur in connection with its registration, application for a license, qualification or a finding of suitability, or any renewal or continuation of the foregoing or compliance with any other requirement of a Gaming Authority. Those costs and expenses will be the obligations of the Holder or beneficial owner, as applicable.

Appears in 2 contracts

Samples: Indenture (Eldorado Resorts, Inc.), Indenture (NGA Holdco, LLC)

Gaming Redemption. Each Holder, by accepting a Note, shall be deemed to have agreed that(a) Notwithstanding any other provision of this Indenture, if any Gaming Authority Authority: (i) requests or requires that a Person who is a Holder holder or the beneficial owner of Notes be registeredto appear before, licensed, qualified submit to the jurisdiction of or found suitable under applicable Gaming Lawsprovide information to, such Holder Gaming Authority and such holder or beneficial ownerowner either refuses to do so or otherwise fails to comply with such request or requirement within a reasonable period of time; or (ii) determines that any holder or beneficial owner of Notes is not suitable or qualified with respect to beneficial ownership of the Notes, then the Company may: (1) require that such holder or beneficial owner dispose of its Notes within 30 days (or such earlier date as required by the case may be, shall Gaming Authority) of (A) termination of the 30-day period described above for the holder or beneficial owner to apply for a license, qualification or a finding of suitability in accordance with such or (B) the receipt of the notice from the Gaming Laws. If such Person fails to apply Authority EXHIBIT 4.9 that the holder or become registeredbeneficial owner will not be licensed, licensed or qualified or is found unsuitable, suitable; or (2) redeem the Issuers shall have the right, at their option: (a) to require Notes of such Person to dispose of its Notes holder or beneficial interest therein within 30 days of receipt of notice of the Issuers’ election or such earlier date as may be requested or prescribed by such Gaming Authority; or to redeem such Notes, upon not less than 30 days’ notice (or such earlier date as may be requested or prescribed by such Gaming Authority), owner at a redemption price equal to: to the lesser of (A) the lesser of: (i) the Person’s cost for price at which such Notes, plus accrued and unpaid interest, if any, to the earlier of the date of redemption holder or the date of the finding of unsuitability beneficial owner acquired such Notes or failure to comply; and (ii) 100% of the principal amount thereof, plus accrued and unpaid interest, if any, to the earlier of the date of redemption or the date of the finding of unsuitability or failure to comply; or (B) the Fair Market Value of such other amount as may be required by applicable law Notes or, if the Notes are listed on a national securities exchange, the last reported sale price on the date the Company notifies such holder or order beneficial owner of the Gaming Authorityredemption. (b) Eldorado shall notify the Trustee in writing of any such disqualified Holder status or redemption as soon as practicable. The Issuers shall not be responsible for any costs or expenses any Holder Immediately upon a determination that a holder or beneficial owner may incur will not be licensed, qualified or found suitable, the holder or beneficial owner will have no further rights (i) to exercise any right conferred by the Notes, directly or indirectly, through any trustee, nominee or any other Person or entity, or (ii) to receive any interest or other distribution or payment with respect to the Notes or any remuneration in connection with its registrationany form from the Company for services rendered or otherwise, application except the redemption price of the Notes. The holder or beneficial owner applying for a licenselicenses, qualification or a finding of suitability must pay all costs of the licensure or investigation for such qualification or finding of suitability, or any renewal or continuation of the foregoing or compliance with any other requirement of a Gaming Authority. Those costs and expenses will be the obligations of the Holder or beneficial owner, as applicable.

Appears in 1 contract

Samples: Senior Subordinated Notes Agreement (Argosy Gaming Co)

Gaming Redemption. Each Holder, by accepting a Note, shall be deemed to have agreed that(a) Notwithstanding any other provision of this Indenture, if any Gaming Authority Authority: (1) requests or requires that a Person who is a Holder holder or the beneficial owner of Notes be registeredto appear before, licensed, qualified submit to the jurisdiction of or found suitable under applicable Gaming Lawsprovide information to, such Holder Gaming Authority and such holder or beneficial ownerowner either refuses to do so or otherwise fails to comply with such request or requirement within a reasonable period of time; or (2) determines that any holder or beneficial owner of Notes is not suitable or qualified with respect to beneficial ownership of the Notes, then the Company may: (1) require that such holder or beneficial owner dispose of its Notes within 30 days (or such earlier date as required by the case may be, shall Gaming Authority) of (A) termination of the 30-day period described above for the holder or beneficial owner to apply for a license, qualification or a finding of suitability in accordance with such or (B) the receipt of the notice from the Gaming Laws. If such Person fails to apply Authority that the holder or become registeredbeneficial owner will not be licensed, licensed or qualified or is found unsuitable, suitable; or (2) redeem the Issuers shall have the right, at their option: (a) to require Notes of such Person to dispose of its Notes holder or beneficial interest therein within 30 days of receipt of notice of the Issuers’ election or such earlier date as may be requested or prescribed by such Gaming Authority; or to redeem such Notes, upon not less than 30 days’ notice (or such earlier date as may be requested or prescribed by such Gaming Authority), owner at a redemption price equal to: to the lesser of (A) the lesser of: (i) the Person’s cost for price at which such Notes, plus accrued and unpaid interest, if any, to the earlier of the date of redemption holder or the date of the finding of unsuitability beneficial owner acquired such Notes or failure to comply; and (ii) 100% of the principal amount thereof, plus accrued and unpaid interest, if any, to the earlier of the date of redemption or the date of the finding of unsuitability or failure to comply; or (B) the Fair Market Value of such other amount as may be required by applicable law Notes or, if the Notes are listed on a national securities exchange, the last reported sale price on the date the Company notifies such holder or order beneficial owner of the Gaming Authorityredemption. (b) Eldorado shall notify the Trustee in writing of any such disqualified Holder status or redemption as soon as practicable. The Issuers shall not be responsible for any costs or expenses any Holder Immediately upon a determination that a holder or beneficial owner may incur will not be licensed, qualified or found suitable, the holder or beneficial owner will have no further rights (1) to exercise any right conferred by the Notes, directly or indirectly, through any trustee, nominee or any other Person or entity, or (2) to receive any interest or other distribution or payment with respect to the Notes or any remuneration in connection with its registrationany form from the Company for services rendered or otherwise, application except the redemption price of the Notes. The holder or beneficial owner applying for a licenselicenses, qualification or a finding of suitability must pay all costs of the licensure or investigation for such qualification or finding of suitability, or any renewal or continuation of the foregoing or compliance with any other requirement of a Gaming Authority. Those costs and expenses will be the obligations of the Holder or beneficial owner, as applicable.

Appears in 1 contract

Samples: Indenture (St Louis Gaming Co)

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Gaming Redemption. Each Holder, by accepting a Note, shall be deemed to have agreed that(a) Notwithstanding the provisions of paragraph 5(a), if any Gaming Authority requires that notifies a Person who is a Holder holder or the beneficial owner of Notes that: (1) the holder or beneficial owner must obtain a license, qualification or finding of suitability under an applicable gaming law and the holder or beneficial owner does not apply for such license, qualification or finding of suitability within 30 days (or such shorter period required by the Gaming Authority); or (2) the holder or beneficial owner will not be registered, licensed, qualified or found suitable under an applicable Gaming Lawsgaming law; then the Company shall have the right, such Holder at its option, (1) to require that the holder or beneficial owner dispose of the holder's or beneficial owner, 's Notes within 30 days (or such earlier date as required by the case may be, shall Gaming Authority) of (A) the termination of the 30 day period described above for the holder or beneficial owner to apply for a license, qualification or a finding of suitability in accordance with such or (B) the receipt of the notice from the Gaming Laws. If such Person fails to apply Authority that the holder or become registeredbeneficial owner will not be licensed, licensed or qualified or is found unsuitable, the Issuers shall have the right, at their option: suitable; or (a2) to require such Person to dispose of its Notes redeem the holder's or beneficial interest therein within 30 days of receipt of notice of the Issuers’ election or such earlier date as may be requested or prescribed by such Gaming Authority; or to redeem such Notes, upon not less than 30 days’ notice (or such earlier date as may be requested or prescribed by such Gaming Authority), owner's Notes at a redemption price equal to: (A) the lesser of: (i) the Person’s cost for such Notes, plus accrued and unpaid interest, if any, to the earlier of the date of redemption or the date of the finding of unsuitability or failure to comply; and (ii) 100% of the principal amount thereof, plus accrued and unpaid interestinterest and Additional Interest, if any, to the earlier of the date of redemption (or the such earlier date of the finding of unsuitability or failure to comply; or (B) such other amount as may be required by applicable law or order of the Gaming AuthorityAuthority or applicable gaming laws). (b) Eldorado shall notify the Trustee in writing of any such disqualified Holder status or redemption as soon as practicable. The Issuers shall not be responsible for any costs or expenses any Holder Immediately upon a determination that a holder or beneficial owner may incur will not be licensed, qualified or found suitable, the holder or beneficial owner will have no further rights (1) to exercise any right conferred by the Notes, directly or indirectly, through any trustee, nominee or any other Person or entity, or (2) to receive any interest or other distribution or payment with respect to the Notes or any remuneration in connection with its registrationany form from the Company for services rendered or otherwise, application except the redemption price of the Notes. The holder or beneficial owner applying for a license, qualification or a finding of suitability, or any renewal or continuation of the foregoing or compliance with any other requirement of a Gaming Authority. Those costs and expenses will be the obligations of the Holder or beneficial owner, as applicablesuitability must pay all related costs.

Appears in 1 contract

Samples: Second Supplemental Indenture (Coast Resorts Inc)

Gaming Redemption. Each Holder, by accepting a Note, shall be deemed to have agreed that(a) Notwithstanding any other provision of this Indenture, if any Gaming Authority Authority: (i) requests or requires that a Person who is a Holder holder or the beneficial owner of Notes be registeredto appear before, licensed, qualified submit to the jurisdiction of or found suitable under applicable Gaming Lawsprovide information to, such Holder Gaming Authority and such holder or beneficial ownerowner either refuses to do so or otherwise fails to comply with such request or requirement within a reasonable period of time; or (ii) determines that any holder or beneficial owner of Notes is not suitable or qualified with respect to beneficial ownership of the Notes, then the Company may: (1) require that such holder or beneficial owner dispose of its Notes within 30 days (or such earlier date as required by the case may be, shall Gaming Authority) of (A) termination of the 30-day period described above for the holder or beneficial owner to apply for a license, qualification or a finding of suitability in accordance with such or (B) the receipt of the notice from the Gaming Laws. If such Person fails to apply Authority that the holder or become registeredbeneficial owner will not be licensed, licensed or qualified or is found unsuitable, suitable; or (2) redeem the Issuers shall have the right, at their option: (a) to require Notes of such Person to dispose of its Notes holder or beneficial interest therein within 30 days of receipt of notice of the Issuers’ election or such earlier date as may be requested or prescribed by such Gaming Authority; or to redeem such Notes, upon not less than 30 days’ notice (or such earlier date as may be requested or prescribed by such Gaming Authority), owner at a redemption price equal to: to the lesser of (A) the lesser of: (i) the Person’s cost for price at which such Notes, plus accrued and unpaid interest, if any, to the earlier of the date of redemption holder or the date of the finding of unsuitability beneficial owner acquired such Notes or failure to comply; and (ii) 100% of the principal amount thereof, plus accrued and unpaid interest, if any, to the earlier of the date of redemption or the date of the finding of unsuitability or failure to comply; or (B) the Fair Market Value of such other amount as may be required by applicable law Notes or, if the Notes are listed on a national securities exchange, the last reported sale price on the date the Company notifies such holder or order beneficial owner of the Gaming Authorityredemption. (b) Eldorado shall notify the Trustee in writing of any such disqualified Holder status or redemption as soon as practicable. The Issuers shall not be responsible for any costs or expenses any Holder Immediately upon a determination that a holder or beneficial owner may incur will not be licensed, qualified or found suitable, the holder or beneficial owner will have no further rights (i) to exercise any right conferred by the Notes, directly or indirectly, through any trustee, nominee or any other Person or entity, or (ii) to receive any interest or other distribution or payment with respect to the Notes or any remuneration in connection with its registrationany form from the Company for services rendered or otherwise, application except the redemption price of the Notes. The holder or beneficial owner applying for a licenselicenses, qualification or a finding of suitability must pay all costs of the licensure or investigation for such qualification or finding of suitability, or any renewal or continuation of the foregoing or compliance with any other requirement of a Gaming Authority. Those costs and expenses will be the obligations of the Holder or beneficial owner, as applicable.

Appears in 1 contract

Samples: Indenture (St Louis Gaming Co)

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