Regulatory Redemption. If any Gaming Authority requires that a Holder or beneficial owner of Securities must be licensed, qualified or found suitable under any applicable gaming law and such Holder or beneficial owner fails to apply for a license, qualification or a finding of suitability within 30 days after being requested to do so by the Gaming Authority (or such lesser period that may be required by such Gaming Authority), or if such Holder or such beneficial owner is not so licensed, qualified or found suitable, the Company shall have the right, at its option, (i) to require such Holder or beneficial owner to dispose of such Holder's or beneficial owner's Securities within 30 days of receipt of such notice of such finding by the applicable Gaming Authority or such earlier date as may be ordered by such Gaming Authority or (ii) to call for the redemption of the Securities of such Holder or beneficial owner at the lesser of the principal amount thereof, the fair market value of such Securities on the date of redemption or the price at which such Holder or beneficial owner acquired the Securities together with, in either case, accrued and unpaid interest and Holder or beneficial owner acquired the Securities, together with, in either case, accrued and unpaid interest to the earlier of the date of redemption or such earlier date as may be required by such Gaming Authority or the date of the finding of unsuitability by such Gaming Authority, which may be less than 30 days following the notice of redemption, if so ordered by such Gaming Authority. The Company shall notify the Trustee in writing of any such redemption as soon as practicable and the redemption price of each Security to be redeemed. The Holder of Securities or beneficial owner applying for a license, qualification or a finding of suitability must pay all costs of the licensure and investigation for such qualification or finding of suitability. The Company is not required to pay or reimburse any Holder of the Securities or beneficial owner who is required to apply for such license, qualification or finding of suitability for the costs of the licensure or investigation for such qualification or finding of suitability. Such expense will, therefore, be the obligation of such Holder or beneficial owner.
Appears in 1 contract
Samples: Indenture (Hard Rock Hotel Inc)
Regulatory Redemption. If any Gaming Authority requires that a Holder or beneficial owner of Securities must be licensed, qualified or found suitable under any applicable gaming law and such Holder or beneficial owner fails to apply for a license, qualification or a finding of suitability within 30 days after being requested to do so by the Gaming Authority (or such lesser period that may be required by such Gaming Authority), or if such Holder or such beneficial owner is not so licensed, qualified or found suitable, the Company shall have the right, at its option, (i) to require such Holder or beneficial owner to dispose of such Holder's or beneficial owner's Securities within 30 days of receipt of such notice of such finding by the applicable Gaming Authority or such earlier date as may be ordered by such Gaming Authority or (ii) to call for the redemption of the Securities of such Holder or beneficial owner at the lesser of the principal amount thereof, the fair market value of such Securities on the date of redemption or the price at which such Holder or beneficial owner acquired the Securities together with, in either case, accrued and unpaid interest and Holder or beneficial owner acquired the Securities, together with, in either case, accrued and unpaid interest to the earlier of the date of redemption or such earlier date as may be required by such Gaming Authority or the date of the finding of unsuitability by such Gaming Authority, which may be less than 30 days following the notice of redemption, if so ordered by such Gaming Authority. The Company shall notify the Trustee in writing of any such redemption as soon as practicable and the redemption price of each Security to be redeemed. The Holder of Securities or beneficial owner applying for a license, qualification or a finding of suitability must pay all costs of the licensure and investigation for such qualification or finding of suitability. The Company is not required to pay or reimburse any Holder of the Securities or beneficial owner who is required to apply for such license, qualification or finding of suitability for the costs of the licensure or investigation for such qualification or finding of suitability. Such expense will, therefore, be the obligation of such Holder or beneficial owner.
Appears in 1 contract
Samples: Indenture (Hard Rock Hotel Inc)
Regulatory Redemption. If Notwithstanding any other provisions hereof, if any Gaming Authority requires that a Holder or beneficial owner of Securities Notes must be licensed, qualified or found suitable under any applicable gaming law Gaming Law and such Holder or beneficial owner fails to apply for a license, qualification or a finding of suitability within 30 days after being requested to do so by the Gaming Authority (or such lesser period that may be required by such Gaming Authority), or if such Holder or such beneficial owner is not so licensed, qualified or found suitable, the Company Issuers shall have the right, at its the Issuers’ option, (i1) to require such Holder or beneficial owner to dispose of such Holder's ’s or beneficial owner's Securities ’s Notes within 30 days of receipt of such notice of such finding by the applicable Gaming Authority or such earlier date as may be ordered by such Gaming Authority or (ii2) to call for the redemption (a “Regulatory Redemption”) of the Securities Notes of such Holder or beneficial owner at the Accreted Value thereof or, if required by such Gaming Authority, the lesser of the principal amount thereof, the fair market value of such Securities on the date of redemption or (a) the price at which such Holder or beneficial owner acquired the Securities together withNotes, in either case, accrued and unpaid interest and Holder or beneficial owner acquired (b) the Securitiesfair market value of such Notes on the date of redemption, together with, in either case, accrued and unpaid interest Interest (and, if permitted by such Gaming Authority, Liquidated Damages) to the earlier of the date of redemption or such earlier date as may be required by such Gaming Authority or the date of the finding of unsuitability by such Gaming Authority, which may be less than 30 days following the notice of redemption, if so ordered by such Gaming Authority. The Company shall notify the Trustee in writing of any such redemption as soon as practicable and the redemption price of each Security to be redeemed. The Holder of Securities or beneficial owner applying for a license, qualification or a finding of suitability must pay all costs of the licensure and investigation for such qualification or finding of suitability. The Company is Issuers are not required to pay or reimburse any Holder of the Securities or beneficial owner who is required of the Notes for the expenses of any such Holder or beneficial owner related to apply the application for such any license, qualification or finding of suitability for the costs of the licensure or investigation for such qualification or finding of suitabilityin connection with a Regulatory Redemption. Such expense willexpenses of any such Holder or beneficial owner shall, therefore, be the obligation of such Holder or beneficial owner.
Appears in 1 contract
Regulatory Redemption. If any Gaming Authority requires that a Holder or beneficial owner of Securities Notes must be licensed, qualified or found suitable under any applicable gaming law Gaming Law and such Holder or beneficial owner fails to apply for a license, qualification or a finding of suitability within 30 days after being requested to do so by the Gaming Authority (or such lesser period that may be required by such Gaming Authority), or if such Holder or such beneficial owner is not so licensed, qualified or found suitable, the Company Issuers shall have the right, at its the Issuers’ option, (i1) to require such Holder or beneficial owner to dispose of such Holder's ’s or beneficial owner's Securities ’s Notes within 30 days of receipt of such notice of such finding by the applicable Gaming Authority or such earlier date as may be ordered by such Gaming Authority or (ii2) to call for the redemption (a “Regulatory Redemption”) of the Securities Notes of such Holder or beneficial owner at the principal amount thereof or, if required by such Gaming Authority, the lesser of the principal amount thereof, the fair market value of such Securities on the date of redemption or (a) the price at which such Holder or beneficial owner acquired the Securities together withNotes, in either case, accrued and unpaid interest and Holder or beneficial owner acquired (b) the Securitiesfair market value of such Notes on the date of redemption, together with, in either case, accrued and unpaid interest Interest (and, if permitted by such Gaming Authority, Liquidated Damages) to the earlier of the date of redemption or such earlier date as may be required by such Gaming Authority or the date of the finding of unsuitability by such Gaming Authority, which may be less than 30 days following the notice of redemption, if so ordered by such Gaming Authority. The Company Issuers shall notify the Trustee in writing of any such redemption as soon as practicable and the redemption price of each Security Note to be redeemed. The Holder of Securities or beneficial owner applying for a license, qualification or a finding of suitability must pay all costs of the licensure and investigation for such qualification or finding of suitability. The Company is Under this Indenture, the Issuers are not required to pay or reimburse any Holder of the Securities Notes or beneficial owner who is required to apply for such license, qualification or finding of suitability for the costs of the licensure or and investigation for such qualification or finding of suitability. Such expense will, therefore, be the obligation of such Holder or beneficial owner.
Appears in 1 contract
Regulatory Redemption. If Notwithstanding any other provisions hereof, if any Gaming Authority requires that a Holder or beneficial owner of Securities Notes must be licensed, qualified or found suitable under any applicable gaming law Gaming Law and such Holder or beneficial owner fails to apply for a license, qualification or a finding of suitability within 30 days after being requested to do so by the Gaming Authority (or such lesser period that may be required by such Gaming Authority), or if such Holder or such beneficial owner is not so licensed, qualified or found suitable, the Company Issuers shall have the right, at its the Issuers’ option, (i1) to require such Holder or beneficial owner to dispose of such Holder's ’s or beneficial owner's Securities ’s Notes within 30 days of receipt of such notice of such finding by the applicable Gaming Authority or such earlier date as may be ordered by such Gaming Authority or (ii2) to call for the redemption (a “Regulatory Redemption”) of the Securities Notes of such Holder or beneficial owner at the principal amount thereof or, if required by such Gaming Authority, the lesser of the principal amount thereof, the fair market value of such Securities on the date of redemption or (a) the price at which such Holder or beneficial owner acquired the Securities together withNotes, in either case, accrued and unpaid interest and Holder or beneficial owner acquired (b) the Securitiesfair market value of such Notes on the date of redemption, together with, in either case, accrued and unpaid interest Interest (and, if permitted by such Gaming Authority, Liquidated Damages) to the earlier of the date of redemption or such earlier date as may be required by such Gaming Authority or the date of the finding of unsuitability by such Gaming Authority, which may be less than 30 days following the notice of redemption, if so ordered by such Gaming Authority. The Company shall notify the Trustee in writing of any such redemption as soon as practicable and the redemption price of each Security to be redeemed. The Holder of Securities or beneficial owner applying for a license, qualification or a finding of suitability must pay all costs of the licensure and investigation for such qualification or finding of suitability. The Company is Issuers are not required to pay or reimburse any Holder of the Securities or beneficial owner who is required of the Notes for the expenses of any such Holder or beneficial owner related to apply the application for such any license, qualification or finding of suitability for the costs of the licensure or investigation for such qualification or finding of suitabilityin connection with a Regulatory Redemption. Such expense willexpenses of any such Holder or beneficial owner shall, therefore, be the obligation of such Holder or beneficial owner.
Appears in 1 contract
Regulatory Redemption. If any Gaming Authority requires that a Holder or beneficial owner of Securities Notes must be licensed, qualified or found suitable under any applicable gaming law Gaming Law and such Holder or beneficial owner fails to apply for a license, qualification or a finding of suitability within 30 days after being requested to do so by the Gaming Authority (or such lesser period that may be required by such Gaming Authority), or if such Holder or such beneficial owner is not so licensed, qualified or found suitable, the Company Issuers shall have the right, at its the Issuers’ option, (i1) to require such Holder or beneficial owner to dispose of such Holder's ’s or beneficial owner's Securities ’s Notes within 30 days of receipt of such notice of such finding by the applicable Gaming Authority or such earlier date as may be ordered by such Gaming Authority or (ii2) to call for the redemption (a “Regulatory Redemption”) of the Securities Notes of such Holder or beneficial owner at the Accreted Value thereof or, if required by such Gaming Authority, the lesser of the principal amount thereof, the fair market value of such Securities on the date of redemption or (a) the price at which such Holder or beneficial owner acquired the Securities together withNotes, in either case, accrued and unpaid interest and Holder or beneficial owner acquired (b) the Securitiesfair market value of such Notes on the date of redemption, together with, in either case, accrued and unpaid interest Interest (and, if permitted by such Gaming Authority, Liquidated Damages) to the earlier of the date of redemption or such earlier date as may be required by such Gaming Authority or the date of the finding of unsuitability by such Gaming Authority, which may be less than 30 days following the notice of redemption, if so ordered by such Gaming Authority. The Company Issuers shall notify the Trustee in writing of any such redemption as soon as practicable and the redemption price of each Security Note to be redeemed. The Holder of Securities or beneficial owner applying for a license, qualification or a finding of suitability must pay all costs of the licensure and investigation for such qualification or finding of suitability. The Company is Under this Indenture, the Issuers are not required to pay or reimburse any Holder of the Securities Notes or beneficial owner who is required to apply for such license, qualification or finding of suitability for the costs of the licensure or and investigation for such qualification or finding of suitability. Such expense will, therefore, be the obligation of such Holder or beneficial owner.
Appears in 1 contract
Regulatory Redemption. If Notwithstanding any provision hereof, if any Gaming Authority requires that a Holder or beneficial owner of Securities Notes must be licensed, qualified or found suitable under any applicable gaming law Gaming Law and such Holder or beneficial owner fails to apply for a license, qualification or a finding of suitability within 30 days after being requested to do so by the Gaming Authority (or such lesser period that may be required by such Gaming Authority), or if such Holder or such beneficial owner is not so licensed, qualified or found suitable, the Company shall have the right, at its option, (i1) to require such Holder or beneficial owner to dispose of such Holder's ’s or beneficial owner's Securities ’s Notes within 30 days of receipt of such notice of such finding by the applicable Gaming Authority or such earlier date as may be ordered by such Gaming Authority or (ii2) to call for the redemption (a “Required Regulatory Redemption”) of the Securities Notes of such Holder or beneficial owner at the principal amount thereof or, if required by such Gaming Authority, the lesser of the principal amount thereof, the fair market value of such Securities on the date of redemption or (a) the price at which such Holder or beneficial owner acquired the Securities together withNotes, in either case, accrued and unpaid interest and Holder or beneficial owner acquired (b) the Securitiesfair market value of such Notes on the Redemption Date, together with, in either case, accrued and unpaid interest and, if permitted by such Gaming Authority, Liquidated Damages, to the earlier of the date of redemption Redemption Date or such earlier date as may be required by such Gaming Authority or the date of the finding of unsuitability by such Gaming Authority, which may be less than 30 days following the notice of redemption, if so ordered by such Gaming Authority. The Company shall notify the Trustee in writing of any such redemption as soon as practicable and the redemption price Redemption Price of each Security Note to be redeemed. The Holder of Securities or beneficial owner applying for a license, qualification or a finding of suitability must pay all costs of the licensure and investigation for such qualification or finding of suitability. The Company is not required to pay or reimburse any Holder of the Securities Notes or beneficial owner who is required to apply for such license, qualification or finding of suitability for the costs of the licensure or and investigation for such qualification or finding of suitability. Such expense will, therefore, be the obligation of such Holder or beneficial owner.
Appears in 1 contract
Samples: MTR Gaming Group Inc
Regulatory Redemption. If any Gaming Authority requires that a Holder or beneficial owner of Securities must be licensed, qualified or found suitable under any applicable gaming law and such Holder or beneficial owner fails to apply for a license, qualification or a finding of suitability within 30 days after being requested to do so by the Gaming Authority (or such lesser period that may be required by such Gaming Authority), or if such Holder or such beneficial owner is not so licensed, qualified or found suitable, the Company shall have the right, at its option, (i) to require such Holder or beneficial owner to dispose of such Holder's ’s or beneficial owner's ’s Securities within 30 10 days of receipt of such notice of such finding by the applicable Gaming Authority or such earlier other date as may be ordered by such Gaming Authority or (ii) to call for the redemption of the Securities of such Holder or beneficial owner at the lesser of the principal amount thereof, the fair market value Fair Market Value of such Securities on the date of redemption or the price at which such Holder or beneficial owner acquired the Securities together with, in either case, accrued and unpaid interest and Holder or beneficial owner acquired the Securities, together with, in either case, accrued and unpaid interest to the earlier of the date of redemption or such earlier date as may be required by such Gaming Authority or and the date of the finding of unsuitability by such Gaming Authority, which may be less than 30 days following the notice of redemption, if so ordered by such Gaming Authority. The Company shall notify the Trustee in writing of any such redemption as soon as practicable and the redemption price of each Security to be redeemed. The Holder of Securities or beneficial owner applying for a license, qualification or a finding of suitability must pay all costs of the licensure and investigation for such qualification or finding of suitability. The Company is not required to pay or reimburse any Holder of the Securities or beneficial owner who is required to apply for such license, qualification or finding of suitability for the costs of the licensure or investigation for such qualification or finding of suitability. Such expense will, therefore, be the obligation of such Holder or beneficial owner.
Appears in 1 contract
Samples: Indenture (Hard Rock Hotel Inc)
Regulatory Redemption. If any Gaming Authority requires that a Holder or beneficial owner of Securities Notes must be licensed, qualified or found suitable under any applicable gaming law and such Holder or beneficial owner fails to apply for a license, qualification or a finding of suitability within 30 days after being requested to do so by the Gaming Authority (or such lesser period that may be required by such Gaming Authority), or if such Holder or such beneficial owner is not so licensed, qualified or found suitable, the Company shall have the right, at its option, (i1) to require such Holder or beneficial owner to dispose of such Holder's or beneficial owner's Securities Notes within 30 days of receipt of such notice of such finding by the applicable Gaming Authority or such earlier date as may be ordered by such Gaming Authority or (ii2) to call for the redemption (a "Regulatory Redemption") of the Securities Notes of such Holder or beneficial owner at the principal amount thereof or, if required by such Gaming Authority, the lesser of the principal amount thereof, the fair market value of such Securities on the date of redemption or the price at which such Holder or beneficial owner acquired the Securities together withNotes, in either case, accrued and unpaid interest and Holder or beneficial owner acquired the Securitiesfair market value of such Notes on the date of redemption, together with, in either case, accrued and unpaid interest and, if permitted by such Gaming Authority, Liquidated Damages, to the earlier of the date of redemption or such earlier date as may be required by such Gaming Authority or the date of the finding of unsuitability by such Gaming Authority, which may be less than 30 days following the notice of redemption, if so ordered by such Gaming Authority. The Company shall notify the Trustee in writing of any such redemption as soon as practicable and the redemption price of each Security Note to be redeemed. The Holder of Securities or beneficial owner applying for a license, qualification or a finding of suitability must pay all costs of the licensure and investigation for such qualification or finding of suitability. The Company is shall not be required to pay or reimburse any Holder of the Securities Notes or beneficial owner who is required to apply for such license, qualification or finding of suitability for the costs of the licensure or and investigation for such qualification or finding of suitability. Such expense will, therefore, be the obligation of such Holder or beneficial owner.
Appears in 1 contract
Samples: Mikohn (Mikohn Gaming Corp)
Regulatory Redemption. If any Gaming Authority requires that a Holder or beneficial owner of Securities Notes must be licensed, qualified or found suitable under any applicable gaming law and such Holder or beneficial owner fails to apply for a license, qualification or a finding of suitability within 30 days after being requested to do so by the Gaming Authority (or such lesser period that may be required by such Gaming Authority), or if such Holder or such beneficial owner is not so licensed, qualified or found suitable, the Company shall have the right, at its option, (ia) to require such Holder or beneficial owner to dispose of such Holder's or beneficial owner's Securities Notes within 30 days of receipt of such notice of such finding by the applicable Gaming Authority or such earlier date as may be ordered by such Gaming Authority or (iib) to call for the redemption (a "Regulatory Redemption") of the Securities Notes of such Holder or beneficial owner at the principal amount thereof or, if required by such Gaming Authority, the lesser of the principal amount thereof, the fair market value of such Securities on the date of redemption or (i) the price at which such Holder or beneficial owner acquired the Securities together with, in either case, accrued Notes and unpaid interest and Holder or beneficial owner acquired (ii) the Securitiesfair market value of such Notes on the date of redemption, together with, in either case, accrued and unpaid interest and, if permitted by such Gaming Authority, Liquidated Damages, if any, to the earlier earliest of the date of redemption or redemption, (y) such earlier date as may be required by such Gaming Authority or and (z) the date of the finding of unsuitability by such Gaming Authority, any of which dates may be less than 30 days following the notice of redemption, if so ordered by such Gaming Authority. The Company shall notify the Trustee in writing of any such redemption as soon as practicable and of the redemption price of each Security Note to be redeemed. The Holder of Securities or beneficial owner applying for a license, qualification or a finding of suitability must pay all costs of the licensure and investigation for such qualification or finding of suitability. The Company is not required to pay or reimburse any Holder of the Securities or beneficial owner who is required to apply for such license, qualification or finding of suitability for the costs of the licensure or investigation for such qualification or finding of suitability. Such expense will, therefore, be the obligation of such Holder or beneficial owner.
Appears in 1 contract
Samples: Mikohn (Mikohn Gaming Corp)
Regulatory Redemption. If any Gaming Authority requires that a Holder or beneficial owner of Securities must be licensed, qualified or found suitable under any applicable gaming law and such Holder or beneficial owner fails to apply for a license, qualification or a finding of suitability within 30 days after being requested to do so by the Gaming Authority (or such lesser period that may be required by such Gaming Authority), or if such Holder or such beneficial owner is not so licensed, qualified or found suitable, the Company shall have the right, at its option, (i) to require such Holder or beneficial owner to dispose of such Holder's ’s or beneficial owner's ’s Securities within 30 10 days of receipt of such notice of such finding by the applicable such Gaming Authority or such earlier other date as may be ordered by such Gaming Authority or (ii) to call for the redemption of the Securities of such Holder or beneficial owner at the lesser of the principal amount thereof, the fair market value Fair Market Value of such Securities on the date of redemption or the price at which such Holder or beneficial owner acquired the Securities together with, in either case, accrued and unpaid interest and Holder or beneficial owner acquired the Securities, together with, in either case, accrued and unpaid interest to the earlier of the date of redemption or such earlier date as may be required by such Gaming Authority or and the date of the finding of unsuitability by such Gaming Authority, which may be less than 30 days following the notice of redemption, if so ordered by such Gaming Authority. The Company shall notify the Trustee in writing of any such redemption as soon as practicable and the redemption price of each Security to be redeemed. The Holder of Securities or beneficial owner applying for a license, qualification or a finding of suitability must pay all costs of the licensure and investigation for such qualification or finding of suitability. The Company is not required to pay or reimburse any Holder of the Securities or beneficial owner who is required to apply for such license, qualification or finding of suitability for the costs of the licensure or investigation for such qualification or finding of suitability. Such expense will, therefore, be the obligation of such Holder or beneficial owner.
Appears in 1 contract
Samples: Indenture (Hard Rock Hotel Inc)