Common use of SECURED OBLIGATIONS OF DEBTOR Clause in Contracts

SECURED OBLIGATIONS OF DEBTOR. The Collateral secures and shall hereafter secure the following, whether now existing or hereafter incurred: (i) all loans, compensation, fees, expenses and other amounts owing by (a) Debtor to Secured Party or its Affiliates under or with respect to the Pawnee Notes, the Consulting Contract, this Agreement, and each dominion account agreement, mortgage, or other document or instrument in favor of Secured Party or its Affiliates (as such term is defined in the Consulting Contract) and related thereto or hereto (collectively, the "Transaction Documents"), and (b) the Pawnee Nation and/or Pawnee TDC to Secured Party or its Affiliates under or with respect to the Tribal Agreement or any other document or agreement executed in favor of Secured Party or its Affiliates by Pawnee Nation or Pawnee TDC in connection with the Project, each of the foregoing, whether now existing or hereafter incurred or arising, (ii) any and all sums advanced by Secured Party in order to preserve the Collateral or preserve Secured Party's security interest in the Collateral (or the priority thereof) and (iii) the expenses of retaking, holding, preparing for sale or lease, selling or otherwise disposing of or realizing on the Collateral, of any proceeding for the collection or enforcement of any indebtedness, obligations or liabilities of Debtor referred to above, or of any exercise by Secured Party of its rights hereunder, together with reasonable attorneys' fees and disbursements and court costs (collectively, the "Secured Obligations"); PROVIDED HOWEVER, Secured Party agrees to terminate this Security Agreement upon request if Debtor has satisfied the following conditions: (a) all Secured Obligations have been repaid in full to Secured Party and Secured Party has no further obligation, if any, to make advances under the Consulting Contract with respect thereto, and (b) the Consulting Contract has been terminated in accordance with its terms. All payments and performance by Debtor with respect to any Secured Obligations shall be in accordance with the terms under which said indebtedness, obligations and liabilities were or are hereafter incurred or created.

SECURED OBLIGATIONS OF DEBTOR. The Collateral secures and shall hereafter secure the following, whether now existing or hereafter incurred: (i) all loans, compensation, fees, expenses and other amounts owing by (a) Debtor to Secured Party or its Affiliates under or with respect to the Pawnee Notes, the Consulting Contract, this AgreementOperating Note, and each dominion account agreement, mortgage, or of the other document or instrument in favor of Secured Party or its Affiliates Transaction Documents (as each of such term is terms are defined in the Consulting Management Contract) and related thereto or hereto (collectively, the "Transaction Documents"), and (b) the Pawnee Nation and/or Pawnee TDC to Secured Party or its Affiliates under or with respect to the Tribal Agreement or any other document or agreement executed in favor of Secured Party or its Affiliates by Pawnee Nation or Pawnee TDC in connection with the Project, each of the foregoing, whether now existing or hereafter incurred or arising, (ii) any and all sums advanced by Secured Party in order to preserve the Collateral or preserve Secured Party's security interest in the Collateral (or the priority thereof) and (iii) the expenses of retaking, holding, preparing for sale or lease, selling or otherwise disposing of or realizing on the Collateral, of any proceeding for the collection or enforcement of any indebtedness, obligations or liabilities of Debtor referred to above, or of any exercise by Secured Party of its rights hereunder, together with reasonable attorneys' fees and disbursements and court costs (collectively, the "Secured Obligations"); PROVIDED HOWEVER, Secured Party agrees to terminate this Security Agreement upon request if Debtor has satisfied the following conditions: (a) all Secured Obligations have been repaid in full to Secured Party and Secured Party has no further obligation, if any, to make advances under the Consulting Management Contract with respect thereto, and (b) the Consulting Management Contract has been terminated in accordance with its terms. All payments and performance by Debtor with respect to any Secured Obligations shall be in accordance with the terms under which said indebtedness, obligations and liabilities were or are hereafter incurred or created.

SECURED OBLIGATIONS OF DEBTOR. The Collateral secures and shall hereafter secure the following, whether now existing or hereafter incurred: (i) all loans, compensation, fees, expenses and other amounts owing by (a) Debtor to Secured Party or its Affiliates under or with respect to the Pawnee Notes, the Consulting Contract, this AgreementOperating Note, and each dominion account agreement, mortgage, or of the other document or instrument in favor of Secured Party or its Affiliates Transaction Documents (as each of such term is terms are defined in the Consulting Management Contract) and related thereto or hereto (collectively, the "Transaction Documents"), and (b) the Pawnee Nation and/or Pawnee TDC Kickapoo Tribe or its Affiliates to Secured Party or of its Affiliates under or with respect to the Tribal Agreement or any other document or agreement executed in favor of Secured Party or its Affiliates by Pawnee Nation or Pawnee TDC in connection with the ProjectAgreement, each of the foregoing, whether now existing or hereafter incurred or arising, ; (ii) any and all sums advanced by Secured Party in order to preserve the Collateral or preserve Secured Party's security interest in the Collateral (or the priority thereof) ); and (iii) the expenses of retaking, holding, preparing for sale or lease, selling or otherwise disposing of or realizing on the Collateral, of any proceeding for the collection or enforcement of any indebtedness, obligations or liabilities of Debtor referred to above, or of any exercise by Secured Party of its rights hereunder, together with reasonable attorneys' fees and disbursements and court costs (collectively, the "Secured Obligations"); PROVIDED HOWEVER, Secured Party agrees to terminate this Security Agreement upon request if Debtor has satisfied the following conditions: (a) all Secured Obligations have been repaid in full to Secured Party and Secured Party has no further obligation, if any, to make advances under the Consulting Management Contract with respect thereto, and (b) the Consulting Management Contract has been terminated in accordance with its terms. All payments and performance by Debtor with respect to any Secured Obligations shall be in accordance with the terms under which said indebtedness, obligations and liabilities were or are hereafter incurred or created.

SECURED OBLIGATIONS OF DEBTOR. The Collateral secures and shall hereafter secure the following, whether now existing or hereafter incurredsecure: (i) all loans, compensation, fees, expenses and other amounts owing by (a) the Debtor to the Secured Party or its Affiliates under or with respect to the Pawnee NotesLakes Development Note, the Consulting ContractLakes Facility Note, this the Non-Gaming Land Acquisition Line of Credit, the Transition Loan Note, the Minimum Payments Note, the Lakes Working Capital Advance Note and any other Transaction Documents (as each of such terms are defined in the Development Agreement, ) and each dominion account agreement, mortgage, or other document or instrument in favor of Secured Party or its Affiliates the Management Fee (as such term is defined in the Consulting Contract) and related thereto Management Agreement), together with any costs, expenses or hereto (collectivelyother amounts hereafter owing by the Debtor to the Secured Party pursuant to the terms of this Agreement, the "Transaction Documents")Development Agreement, and (b) the Pawnee Nation and/or Pawnee TDC to Secured Party or its Affiliates under or with respect to the Tribal Management Agreement or any other document or agreement executed in favor of Secured Party or its Affiliates by Pawnee Nation or Pawnee TDC in connection with the ProjectTransaction Documents, each of the foregoing, whether now existing or hereafter incurred or arising, and, without limiting the generality of the foregoing; (ii) any and all sums advanced by Secured Party in order to preserve the Collateral or preserve Secured Party's security interest in the Collateral (or the priority thereof) and (iii) after and during the continuance of an Event of Default, the expenses of retaking, holding, preparing for sale or lease, selling or otherwise disposing of or realizing on the Collateral, of any proceeding for the collection or enforcement of any indebtedness, obligations or liabilities of Debtor referred to above, or of any exercise by Secured Party of its rights hereunder, together with reasonable attorneys' fees and disbursements and court costs (collectively, the "Secured ObligationsSECURED OBLIGATIONS"); PROVIDED HOWEVER, Secured Party agrees to terminate this Security Agreement upon request if Debtor has satisfied the following conditions: (a) all Secured Obligations have been repaid in full to Secured Party and Secured Party has no further obligation, if any, to make advances under the Consulting Contract with respect thereto, and (b) the Consulting Contract has Transaction Documents have been terminated in accordance with its their terms. All payments and performance by Debtor with respect to any Secured Obligations shall be in accordance with the terms under which said indebtedness, obligations and liabilities were or are hereafter incurred or created.

SECURED OBLIGATIONS OF DEBTOR. (a) The Collateral secures the following (collectively, the “Secured Obligations”): each and shall every debt, liability and obligation of every type and nature which Debtor may now or at any time hereafter secure the followingowe to Lakes, to any Affiliate of Lakes or to Secured Party, whether now existing or hereafter incurred: (i) created or arising, and whether direct or indirect, due or to become due, absolute or contingent, or otherwise, including without limitation, all loansprincipal, interest, compensation, fees, expenses and other amounts owing by charges, obligations or amounts. (ab) The Secured Obligations include without limitation (i) each and every debt, liability and obligation of every type and nature which Debtor may now or at any time hereafter owe to Lakes, to any Affiliate of Lakes or to Secured Party or its Affiliates under or with respect to the Pawnee NotesDevelopment Agreement, the Consulting ContractLakes Notes issued thereunder or otherwise referred to therein, this Agreement, and each dominion account agreement, mortgage, or other document or instrument in favor of Secured Party or its Affiliates (as such term is defined in the Consulting Contract) and related thereto or hereto (collectively, the "Transaction Documents"), and (b) the Pawnee Nation and/or Pawnee TDC to Secured Party or its Affiliates under or with respect to the Tribal Agreement or any other document or agreement executed in favor of Secured Party or its Affiliates by Pawnee Nation or Pawnee TDC in connection with the Project, each of the foregoing, whether now existing or hereafter incurred or arisingTransaction Document, (ii) without limiting the generality of the foregoing clause (i), any and all sums advanced by Lakes, any Affiliate of Lakes or Secured Party in order to preserve the Collateral or preserve Secured Party's security interest in the Collateral Security Interest (or the priority thereof) ), and (iii) without limiting the generality of the foregoing clauses (i) and (ii), any and all expenses of retaking, holding, preparing for sale or lease, selling or otherwise disposing of or realizing on the Collateral, of any proceeding for the collection or enforcement of any indebtednessdebt, obligations liability or liabilities obligation of Debtor referred to above, or of any exercise by Secured Party of its rights hereunder, together with reasonable attorneys' ’ fees and disbursements and court costs costs. (collectively, the "Secured Obligations"); PROVIDED HOWEVER, Secured Party agrees to terminate this Security Agreement upon request if Debtor has satisfied the following conditions: (ac) all Secured Obligations have been repaid in full to Secured Party and Secured Party has no further obligation, if any, to make advances under the Consulting Contract with respect thereto, and (b) the Consulting Contract has been terminated in accordance with its terms. All payments and performance by Debtor with respect to any Secured Obligations shall be in accordance with the terms under which said indebtedness, obligations and liabilities such Secured Obligations were or are hereafter incurred or created.

SECURED OBLIGATIONS OF DEBTOR. The Collateral secures and shall ----------------------------- hereafter secure (i) the followingpayment by Debtor to the Holders or Secured Party of all indebtedness now or hereafter owed to Secured Party by Debtor in connection with the transactions related to the Notes and the Indenture (the "COAST FINANCING"), whether at stated maturity, by acceleration or otherwise, including, without limitation, Debtor's obligations under the Indenture, the Notes or any related documents securing the obligations thereunder, together with any interest thereon, payments for early termination, fees, expenses, increased costs, indemnification or otherwise, in connection therewith and extensions, modifications and renewals thereof, (ii) the performance by Debtor of all other obligations and the discharge of all other liabilities of Debtor to Secured Party of every kind and character arising from the Coast Financing, whether direct or indirect, absolute or contingent, due or to become due, now existing or hereafter incurred: (i) all loansarising, compensationjoint, fees, expenses several and other amounts owing by (a) Debtor to Secured Party or its Affiliates under or with respect to the Pawnee Notes, the Consulting Contract, this Agreementjoint and several, and each dominion account agreement, mortgage, or other document or instrument in favor of Secured Party or its Affiliates (as such term is defined in the Consulting Contract) and related thereto or hereto (collectively, the "Transaction Documents"), and (b) the Pawnee Nation and/or Pawnee TDC to Secured Party or its Affiliates whether created under or with respect to the Tribal this Security Agreement or any other document or agreement executed in favor of to which Debtor and Secured Party or its Affiliates by Pawnee Nation or Pawnee TDC in connection with the Project, each of the foregoing, whether now existing or hereafter incurred or arisingare parties, (iiiii) any and all sums advanced by Secured Party in order to preserve the Collateral or preserve Secured Party's security interest in the Collateral (or the priority priority, thereof) and (iiiiv) the expenses of retaking, holding, preparing for sale or lease, selling or otherwise disposing of or realizing on the Collateral, of any proceeding for the collection or enforcement of any indebtedness, obligations or liabilities of Debtor Secured Party referred to above, or of any exercise by Secured Party of its rights hereunder, together with reasonable attorneys' fees and disbursements and court costs (collectively, the "Secured ObligationsSECURED OBLIGATIONS"); PROVIDED HOWEVER, Secured Party agrees to terminate this Security Agreement upon request if Debtor has satisfied the following conditions: (a) all Secured Obligations have been repaid in full to Secured Party and Secured Party has no further obligation, if any, to make advances under the Consulting Contract with respect thereto, and (b) the Consulting Contract has been terminated in accordance with its terms. All payments and performance by Debtor with respect to any Secured Obligations shall be in accordance with the terms under which said indebtedness, obligations and liabilities were or are hereafter incurred or created.

SECURED OBLIGATIONS OF DEBTOR. The Collateral secures and shall hereafter secure (i) the followingpayment by Debtor to the Holders or Secured Party of all indebtedness now or hereafter owed to the Holders or Secured Party by Debtor in connection with the transactions related to the Notes and the Indenture (the "BOSSIER CITY FINANCING"), whether at stated maturity, by acceleration or otherwise, including, without limitation, Debtor's obligations under the Indenture, the Notes or any related documents securing the obligations thereunder, together with any interest thereon as provided therein, payments for early termination, fees, expenses, increased costs, indemnification or otherwise, in connection therewith and extensions, modifications and renewals thereof, (ii) the perfon-nance by Debtor of all other xxxxxations and the discharge of all other liabilities of Debtor to the Holders or Secured Party of every kind and character arising from the Bossier City Financing, whether direct or indirect, absolute or contingent, due or to become due, now existing or hereafter incurred: arising, joint, several, joint and several (ii.e., solidary), whether or not arising after the commencement of a proceeding under Bankruptcy Law (including postpetition interest) all loans, compensation, fees, expenses and other amounts owing whether or not recovery of any such obligation or liability may be barred by (a) Debtor to Secured Party a statute of limitations or its Affiliates under prescriptive period or with respect to the Pawnee Notes, the Consulting Contract, this Agreementsuch obligation or liability may otherwise be unenforceable, and each dominion account agreement, mortgage, or other document or instrument in favor of Secured Party or its Affiliates (as such term is defined in the Consulting Contract) and related thereto or hereto (collectively, the "Transaction Documents"), and (b) the Pawnee Nation and/or Pawnee TDC to Secured Party or its Affiliates whether created under or with respect to the Tribal this Security Agreement or any other document or agreement executed in favor of to which Debtor and Secured Party or its Affiliates by Pawnee Nation or Pawnee TDC in connection with the Project, each of the foregoing, whether now existing or hereafter incurred or arisingare parties, (iiiii) any and all sums advanced by Secured Party in order to preserve the Collateral or preserve Secured Party's security interest in the Collateral (or the priority thereof) ), and (iiiiv) the expenses of retaking, holding, preparing for sale or lease, selling or otherwise disposing of or realizing on the Collateral, of any proceeding for the collection or enforcement of any indebtedness, obligations or liabilities of Debtor Secured Party referred to above, or of any exercise by Secured Party of its rights hereunder, together with reasonable attorneys' fees and disbursements and court costs (collectively, the "Secured ObligationsSECURED OBLIGATIONS"); PROVIDED HOWEVER, Secured Party agrees to terminate this Security Agreement upon request if Debtor has satisfied the following conditions: (a) all Secured Obligations have been repaid in full to Secured Party and Secured Party has no further obligation, if any, to make advances under the Consulting Contract with respect thereto, and (b) the Consulting Contract has been terminated in accordance with its terms. All payments and performance by Debtor with respect to any Secured Obligations shall be in accordance with the terms under which said indebtedness, obligations and liabilities were or are hereafter incurred or created.

SECURED OBLIGATIONS OF DEBTOR. The Collateral secures and shall hereafter secure the following, whether now existing or hereafter incurredsecure: (i) all loans, compensation, fees, expenses and other amounts owing by (a) the Debtor to the Secured Party or its Affiliates under or with respect to the Pawnee NotesLakes Development Note, the Consulting ContractLakes Facility Note, this Agreementthe Non-Gaming Land Acquisition Line of Credit, the Transition Loan Note, the Working Capital Advance Note and each dominion account agreementthe Management Fees, mortgagetogether with any costs, expenses or other document or instrument in favor of amounts hereafter owing by the Debtor to the Secured Party or its Affiliates (as such term is defined in the Consulting Contract) and related thereto or hereto (collectively, the "Transaction Documents"), and (b) the Pawnee Nation and/or Pawnee TDC to Secured Party or its Affiliates under or with respect pursuant to the Tribal Agreement terms of the Development or Management Agreements or any other document or agreement executed in favor of Secured Party or its Affiliates by Pawnee Nation or Pawnee TDC in connection with the ProjectTransaction Documents, each of the foregoing, whether now existing or hereafter incurred or arising, ; (ii) any and all sums advanced by Secured Party in order to preserve the Collateral or preserve Secured Party's security interest in the Collateral (or the priority thereof) and (iii) after and during the continuance of an Event of Default, the expenses of retaking, holding, preparing for sale or lease, selling or otherwise disposing of or realizing on the Collateral, of any proceeding for the collection or enforcement of any indebtedness, obligations or liabilities of Debtor referred to above, or of any exercise by Secured Party of its rights hereunder, together with reasonable attorneys' fees and disbursements and court costs (collectively, the "Secured ObligationsSECURED OBLIGATIONS"); PROVIDED HOWEVER, Secured Party agrees to terminate this Security Agreement upon request if Debtor has satisfied the following conditions: (a) all Secured Obligations have been repaid in full to Secured Party and Secured Party has no further obligation, if any, to make advances under the Consulting Contract with respect thereto, and (b) the Consulting Contract has Transaction Documents have been terminated in accordance with its their terms. All payments and performance by Debtor with respect to any Secured Obligations shall be in accordance with the terms under which said indebtedness, obligations and liabilities were or are hereafter incurred or created.

SECURED OBLIGATIONS OF DEBTOR. The Collateral secures and shall hereafter secure the following, whether now existing or hereafter incurredsecure: (i) all loans, compensation, fees, expenses and other amounts owing by (a) Debtor to Secured Party or its Affiliates under or with respect to the Pawnee NotesDevelopment Agreement, the Consulting Contract, this Management Agreement, the Interim Promissory Note, the Facility Note, the Transition Loan, the Facility Loan, the Operating Note, the Indemnity Agreement and each dominion account agreement, mortgage, or of the other document or instrument in favor of Secured Party or its Affiliates Transaction Documents (as each of such term is terms are defined in the Consulting Contract) Development Agreement and related thereto or hereto (collectively, the "Transaction Documents"Management Agreement), and (b) the Pawnee Nation and/or Pawnee TDC to Secured Party or its Affiliates under or with respect to the Tribal Agreement or any other document or agreement executed in favor of Secured Party or its Affiliates by Pawnee Nation or Pawnee TDC in connection with the Project, each of the foregoing, whether now existing or hereafter incurred or arising, (ii) any and all sums advanced by Secured Party in order to preserve the Collateral or preserve Secured Party's security interest in the Collateral (or the priority thereof) and (iii) the expenses of retaking, holding, preparing for sale or lease, selling or otherwise disposing of or realizing on the Collateral, of any proceeding for the collection or enforcement of any indebtedness, obligations or liabilities of Debtor referred to above, or of any exercise by Secured Party of its rights hereunder, together with reasonable attorneys' fees and disbursements and court costs (collectively, the "Secured ObligationsSECURED OBLIGATIONS"); PROVIDED HOWEVER, Secured Party agrees to terminate this Security Agreement upon request if Debtor has satisfied the following conditions: (a) all Secured Obligations have been repaid in full to Secured Party and Secured Party has no further obligation, if any, to make advances under the Consulting Contract Development Agreement and Management Agreement with respect thereto, and (b) at the Consulting Contract time of the requested termination, no Event of Default has been terminated in accordance with its termsoccurred and continues to exist. All payments and performance by Debtor with respect to any Secured Obligations shall be in accordance with the terms under which said indebtedness, obligations and liabilities were or are hereafter incurred or created.

SECURED OBLIGATIONS OF DEBTOR. The Collateral secures and shall hereafter secure the following, whether now existing or hereafter incurred: (i) all loans, compensation, fees, expenses and other amounts owing by (a) Debtor to Secured Party or its Affiliates under or with respect to the Pawnee KTTT Notes, the Consulting Contract, this Agreement, and each dominion account agreement, mortgage, or other document or instrument in favor of Secured Party or its Affiliates (as such term is defined in the Consulting Contract) and related thereto or hereto (collectively, the "Transaction Documents"), and (b) the Pawnee Nation and/or Pawnee TDC Kickapoo Tribe or its Affiliates to Secured Party or its Affiliates under or with respect to the Tribal Agreement or any other document or agreement executed in favor of Secured Party or its Affiliates by Pawnee Nation or Pawnee TDC in connection with the ProjectProject Facilities, each of the foregoing, whether now existing or hereafter incurred or arising, ; (ii) any and all sums advanced by Secured Party in order to preserve the Collateral or preserve Secured Party's security interest in the Collateral (or the priority thereof) ); and (iii) the expenses of retaking, holding, preparing for sale or lease, selling or otherwise disposing of or realizing on the Collateral, of any proceeding for the collection or enforcement of any indebtedness, obligations or liabilities of Debtor referred to above, or of any exercise by Secured Party of its rights hereunder, together with reasonable attorneys' fees and disbursements and court costs (collectively, the "Secured Obligations"); PROVIDED HOWEVER, Secured Party agrees to terminate this Security Agreement upon request if Debtor has satisfied the following conditions: (a) all Secured Obligations have been repaid in full to Secured Party and Secured Party has no further obligation, if any, to make advances under the Consulting Contract with respect thereto, and (b) the Consulting Contract has been terminated in accordance with its terms. All payments and performance by Debtor with respect to any Secured Obligations shall be in accordance with the terms under which said indebtedness, obligations and liabilities were or are hereafter incurred or created.