Common use of Preservation and Maintenance Clause in Contracts

Preservation and Maintenance. (i) Trustors will preserve and maintain the Trust Property in accordance with the applicable provisions of the Indenture. Further, each Trustor shall keep all of the Trust Property in good condition and repair and expressly agrees that it will neither permit nor commit any waste upon the Trust Property nor do any other act or suffer or permit any act to be done, whereby the Lien hereof may be impaired. Trustors shall comply in all material respects with all zoning laws, building codes, subdivision laws, gaming and liquor laws including, without limitation, the Colorado Liquor Code and the Colorado Limited Gaming Act and their respective regulations, and other applicable laws and shall not become involved in conduct that would cause either the gaming or liquor licenses to be suspended or revoked. Trustors agree not to initiate or acquiesce in any zoning variance or reclassification which would prohibit the use of the Trust Property for its intended purposes. Trustors shall at all times comply in all material respects with applicable restrictive covenants and the terms and conditions of all other Permitted Liens related to the Trust Property. Notwithstanding anything above to the contrary, to the extent expressly permitted by the Indenture, Trustors may remove or sell any fixture, equipment, machinery or appliance in or on the Trust Property incident to the replacement of such items with replacements leased or purchased by Trustors with the proceeds of FF&E Financing.

Appears in 1 contract

Samples: Isle of Capri Black Hawk Capital Corp

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Preservation and Maintenance. (i) Trustors Trustor will preserve and maintain the Trust Property in accordance with the applicable provisions of the IndentureLoan Agreement and other Transaction Documents. Further, each Trustor shall keep all of the Trust Property in good condition and repair and expressly agrees that it will neither permit nor commit any waste upon the Trust Property Property, nor do any other act or suffer or permit any act to be done, whereby the Lien hereof may be impaired. Trustors Trustor shall comply in all material respects with all zoning laws, building codes, subdivision laws, gaming and liquor laws including, (including without limitation, limitation the Colorado Liquor Code and the Colorado Limited Gaming Act and their respective regulations), and other applicable laws laws, and Trustor shall not become involved in conduct that would cause either the gaming Gaming or liquor licenses Liquor Licenses relating to the Trust Property to be suspended or revoked. Trustors agree Trustor agrees not to initiate or acquiesce in any zoning variance or reclassification which would prohibit the use of the Trust Property for its intended purposes. Trustors Trustor shall at all times comply in all material respects with applicable restrictive covenants and the terms and conditions of all other Permitted Liens related relating to the Trust Property. Notwithstanding anything above to the contrary, to the extent expressly permitted by the IndentureLoan Agreement and other Transaction Documents, Trustors Trustor may remove or sell any fixture, equipment, machinery or appliance in or on the Trust Property incident to the replacement of such items with replacements leased or purchased by Trustors Trustor with the proceeds of FF&E Financing.

Appears in 1 contract

Samples: Riviera Holdings Corp

Preservation and Maintenance. (i) Trustors Trustor will preserve and maintain the Trust Property in accordance with the applicable provisions of the Indenture. Further, each Trustor shall keep all of the Trust Property in good condition and repair and expressly agrees that it will neither permit nor commit any waste upon the Trust Property Property, nor do any other act or suffer or permit any act to be done, whereby the Lien hereof may be impaired. Trustors Trustor shall comply in all material respects with all zoning laws, building codes, subdivision laws, gaming and liquor laws including, (including without limitation, limitation the Colorado Liquor Code and the Colorado Limited Gaming Act and their respective regulations), and other applicable laws laws, and Trustor shall not become involved in conduct that would cause either the gaming Gaming or liquor licenses Liquor Licenses relating to the Trust Property to be suspended or revoked. Trustors agree Trustor agrees not to initiate or acquiesce in any zoning variance or reclassification which would prohibit the use of the Trust Property for its intended purposes. Trustors Trustor shall at all times comply in all material respects with applicable restrictive covenants and the terms and conditions of all other Permitted Liens related relating to the Trust Property. Notwithstanding anything above to the contrary, to the extent expressly permitted by the Indenture, Trustors Trustor may remove or sell any fixture, equipment, machinery or appliance in or on the Trust Property incident to the replacement of such items with replacements leased or purchased by Trustors Trustor with the proceeds of FF&E Financing.

Appears in 1 contract

Samples: Riviera Holdings Corp

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Preservation and Maintenance. (i) Trustors Trustor will preserve and maintain the Trust Property in accordance with the applicable provisions of the IndentureSubordinated Loan Agreement. Further, each Trustor shall keep all of the Trust Property in good condition and repair and expressly agrees that it will neither permit nor commit any waste upon the Trust Property Property, nor do any other act or suffer or permit any act to be done, whereby the Lien hereof may be impaired. Trustors Trustor shall comply in all material respects with all zoning laws, building codes, subdivision laws, gaming and liquor laws including, (including without limitation, limitation the Colorado Liquor Code and the Colorado Limited Gaming Act and their respective regulations), and other applicable laws laws, and Trustor shall not become involved in conduct that would cause either the gaming Gaming or liquor licenses Liquor Licenses relating to the Trust Property to be suspended or revoked. Trustors agree Trustor agrees not to initiate or acquiesce in any zoning variance or reclassification which would woul! d prohibit the use of the Trust Property for its intended purposes. Trustors Trustor shall at all times comply in all material respects with applicable restrictive covenants and the terms and conditions of all other Permitted Liens related relating to the Trust Property. Notwithstanding anything above to the contrary, to the extent expressly permitted by the IndentureSubordinated Loan Agreement, Trustors Trustor may remove or sell any fixture, equipment, machinery or appliance in or on the Trust Property incident to the replacement of such items with replacements leased or purchased by Trustors Trustor with the proceeds of FF&E Financing.

Appears in 1 contract

Samples: Windsor Woodmont Black Hawk Resort Corp

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