Indenture Documents. The related Indenture Documents are listed in Schedule I hereto.
Indenture Documents. 7 SECTION 3.06. Appointment of Authenticating Agent; Paying Agent and Registrar.......................... 7 SECTION 3.07.
Indenture Documents. (a) The Borrowers have delivered to Agent a complete and correct copy of the Indenture Documents, including all schedules and exhibits thereto. The execution, delivery and performance of each of the Indenture Documents has been duly authorized by all necessary action on the part of each applicable Loan Party or Subsidiary thereof. Each Indenture Document is the legal, valid and binding obligation of each applicable Loan Party or Subsidiary thereof, enforceable against such Loan Party or Subsidiary, as applicable, in accordance with its terms, in each case, except (i) as may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting generally the enforcement of creditors’ rights and (ii) the availability of the remedy of specific performance or injunctive or other equitable relief is subject to the discretion of the court before which any proceeding therefor may be brought. As of the Closing Date, except as could not reasonably be expected to result in a Material Adverse Change (x) no Loan Party or Subsidiary thereof is in default in the performance or compliance with any provisions thereof, (y) all representations and warranties made by any Loan Party or Subsidiary thereof in the Indenture Documents and in the certificates delivered in connection therewith are true and correct in all material respects and (z) to the Borrowers’ knowledge none of the representations or warranties in the Indenture Documents contain any untrue statement of a material fact or omit any fact necessary to make the statements therein not misleading.
(b) As of the Closing Date, the transactions contemplated by the Indenture Documents have been consummated in all material respects, in accordance with all Applicable Laws. As of the Closing Date, all requisite approvals for the consummation of the transactions contemplated by the Indenture Documents by Governmental Authorities having jurisdiction over any Loan Party or Subsidiary thereof who is party to the Indenture Documents have been obtained, except for any approval the failure to obtain could not reasonably be expected to be materially adverse to the interests of the Lenders.
Indenture Documents. Indenture Documents" means that certain Indenture, by and among Xxxx Las Vegas, LLC and Xxxx Las Vegas Capital Corp., as joint and several obligors, Desert Inn Water Company, LLC, Xxxx Design & Development, LLC, Holdings, Las Vegas Jet, LLC, World Travel, LLC, the Company and Valvino, as guarantors, and Xxxxx Fargo Bank Northwest, National Association, as trustee, entered into in connection with the offer and sale of up to $450,000,000 aggregate principal amount of Second Mortgage Notes due 2010 of Xxxx Las Vegas, LLC and Xxxx Las Vegas Capital Corp., and all documents, instruments and agreements executed or delivered in connection therewith, as the foregoing may from time to time be supplemented, modified, amended, restated, refinanced or replaced, with the same or any successor or replacement trustee or agent.
Indenture Documents. The Trustee shall have received fully executed original copies of all Indenture Documents (other than this Indenture and the Debentures), each of which shall be consistent with the terms and conditions of this Indenture and otherwise satisfactory to the Trustee, acting reasonably.
Indenture Documents. Borrower has furnished Lender with true, correct and complete and, as applicable, fully-executed, copies of the Notes and the Indenture and any and all material instruments, agreements and documents executed or delivered in connection therewith (including, without limitation, the final offering circular, the Registration Rights Agreement, and all Collateral Agreements).
Indenture Documents. Amend, restate or modify the Indenture or the Notes in order to increase the principal amount of the indebtedness owing thereunder, without the prior written consent of Lender to the extent required pursuant to the Intercreditor Agreement.
Indenture Documents. The Borrowers incurring Indebtedness from (i) the Advances and Term Loans made by the Lenders to the Borrowers on and after the Closing Date and (ii) the issuance of Letters of Credit, in each case, subject to the limitations set forth in this Agreement, does not conflict with or result in a default under any Indenture Document.
Indenture Documents. Amend, modify or waive in any way materially adverse to the Lender Group, any term or provision of the Indenture Documents.
Indenture Documents. Except as expressly amended hereby or in connection herewith, the Indenture Documents are in all respects ratified and confirmed and all the terms shall remain in full force and effect and the Company and every Guarantor acknowledge that they are bound hereby and thereby. This Supplemental Indenture shall form a part of the Indenture for all purposes and all terms and conditions of both shall be read together as though they constitute a single instrument.
