Holland & Knight LLP Los Angeles, CA 90071River Rock Entertainment Authority • March 30th, 2011 • Services-amusement & recreation services
This letter confirms our mutual understanding of the implementation of Section XVI Revenue And Mitigation Costs of the Memorandum of Agreement (“MOA”) dated March 18, 2008, between Sonoma County and the Dry Creek Rancheria Band of Pomo Indians (“Tribe”), and that the following payments and schedule meet the requirements of the subsections indicated:
DEPOSIT ACCOUNT CONTROL AGREEMENT (Contingency)Deposit Account Control Agreement • March 30th, 2011 • River Rock Entertainment Authority • Services-amusement & recreation services • New York
Pursuant to that certain Indenture, dated as of November 7, 2003 among the Depositor, the Tribe and the Secured Party, as Trustee (the “Indenture”) and the Collateral Documents (as defined in the Indenture) related thereto, Depositor has granted Secured Party a security interest in the deposit accounts maintained by Bank for Depositor at Bank’s San Francisco office (“Banking Office”) as set forth on the attached Schedule A and in all checks, drafts and all funds and other instruments now in or hereafter deposited into that account, including any interest earned thereon. The Parties are entering into this Agreement to perfect Secured Party’s security interest in that account. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Indenture.
