Common use of Radius Restriction Clause in Contracts

Radius Restriction. (a) For purposes of this Section 3.3, “Restricted Party” means any Person who directly or indirectly owns any interest in Developer or in any Casino Manager which is an Affiliate of Developer other than any Person who is a Restricted Party due solely to that Person’s ownership of (x) a direct or indirect interest in a Publicly Traded Corporation or (y) five percent (5%) or less direct or indirect interest in Developer. Commencing on March 12, 1998, and continuing for the shorter of (x) such period as casino gaming activities are permitted in the City; or (y) two (2) years after the Termination Date, neither Developer, any Casino Manager which is an Affiliate of Developer or any Restricted Party, nor any Restricted Party, shall directly or indirectly (i) manage, operate or become financially interested in any casino within the Radius other than the Casino Complex, (ii) make application for any franchise, permit or license to manage or operate any casino within the Radius other than the Casino Complex , or (iii) respond positively to any request for proposal to develop, manage, operate or become financially interested in any casino within the Radius (the “Radius Restriction”) other than the Casino Complex, provided that with respect to any Casino Manager which is an Affiliate of Developer or any Restricted Party, the period set forth in clause (y) shall be two (2) years after the termination of its Casino Component Management Agreement. Developer shall cause any Casino Manager which is an Affiliate of Developer or any Restricted Party and each Restricted Party requested by City, to execute and deliver to City at closing an agreement to abide by the Radius Restriction. The Radius Restriction shall survive the termination of this Agreement.

Radius Restriction. (a) For purposes of this Section 3.3, “"Restricted Party” " means any Person who directly or indirectly owns any interest in Developer or in any Casino Manager which is an Affiliate of Developer Parent Company other than any Person who is a Restricted Party due solely to that Person’s 's ownership of (x) a direct or indirect interest in a Publicly Traded Corporation or (y) five percent (5%) or less direct or indirect interest in Developer. Commencing on March 12, 1998, and continuing for the shorter of (x) such period as casino gaming activities are permitted in the City; or (y) two (2) years after the Termination Date, neither Developer, Parent Company, any Casino Manager which is an Affiliate of Parent Company, Developer or any Restricted Party, nor any Restricted Party, shall directly or indirectly indirectly: (i) manage, operate or become financially interested in any casino within the Radius other than the Casino Complex, ; (ii) make application for any franchise, permit or license to manage or operate any casino within the Radius other than the Casino Complex , Complex; or (iii) respond positively to any request for proposal to develop, manage, operate or become financially interested in any casino within the Radius (the “"Radius Restriction”") other than the Casino Complex, provided that with respect to any Casino Manager which is an Affiliate of Parent Company, Developer or any Restricted Party, the period set forth in clause (y) shall be two (2) years after the termination of its Casino Component Management Agreement. Developer shall cause Parent Company, any Casino Manager which is an Affiliate of Parent Company, Developer or any Restricted Party and each Restricted Party requested by City, to execute and deliver to City at closing Closing an agreement to abide by the Radius Restriction. The Radius Restriction shall survive the termination of this Agreement.

Radius Restriction. (a) For purposes of this Section 3.3, “"Restricted Party” " means any Person who directly or indirectly owns any interest in Developer or in any Casino Manager which is an Affiliate of Developer Parent Company other than any Person who is a Restricted Party due solely to that Person’s 's ownership of (x) a direct or indirect interest in a Publicly Traded Corporation or (y) five percent (5%) or less direct or indirect interest in Developer. Commencing on March 12, 1998, and continuing for the shorter of (x) such period as casino gaming activities are permitted in the City; or (y) two (2) years after the Termination Date, neither Developer, Parent Company, any Casino Manager which is an Affiliate of Parent Company, Developer or any Restricted Party, nor any Restricted Party, shall directly or indirectly indirectly: (i) manage, operate or become financially interested in any casino within the Radius other than the Casino Complex, ; (ii) make application for any franchise, permit or license to manage or operate any casino within the Radius other than the Casino Complex , Complex; or (iii) respond positively to any request for proposal to develop, manage, operate or become financially interested in any casino within the Radius (the “"Radius Restriction”") other than the Casino Complex, provided that with respect to any Casino Manager which is an Affiliate of Parent Company, Developer or any Restricted Party, the period set forth in clause (y) shall be two (2) years after the termination of its Casino Component Management Agreement. Developer shall cause Parent Company, any Casino Manager which is an Affiliate of Parent Company, Developer or any Restricted Party and each Restricted Party requested by City, to execute and deliver to City at closing an agreement to abide by the Radius Restriction. The Radius Restriction shall survive the termination of this Agreement.