AGREEMENT TO TRANSFER IN LIEU OF FORECLOSURE AND SETTLEMENT AGREEMENTAgreement to Transfer in Lieu of Foreclosure and Settlement Agreement • October 24th, 2011 • Bref Hr, LLC • New York
This AGREEMENT TO TRANSFER IN LIEU OF FORECLOSURE AND SETTLEMENT AGREEMENT is made as of March 1, 2011, by and among (1) HRHH HOTEL/CASINO, LLC (“Hotel/Casino Borrower”); HRHH DEVELOPMENT, LLC; HRHH GAMING, LLC (“Gaming Mortgage Borrower”); HRHH IP, LLC (“IP Borrower”); and HRHH CAFE, LLC (all of the foregoing entities, collectively, “Mortgage Borrowers”); (2) HRHH GAMING SENIOR MEZZ, LLC and HRHH JV SENIOR MEZZ, LLC (collectively, “First Mezzanine Borrowers”); (3) HRHH GAMING JUNIOR MEZZ, LLC (“Second Mezz Gaming Borrower”), HRHH JV JUNIOR MEZZ, LLC (“Second Mezz JV Borrower”, and together with Second Mezz Gaming Borrower, collectively, “Second Mezzanine Borrowers”; Second Mezzanine Borrowers, together with Mortgage Borrowers and First Mezzanine Borrowers, collectively, the “Borrowers”; Borrowers, together with each direct and indirect subsidiary thereof (including HRHH Gaming Member, LLC), collectively, the “Group Companies”); (4) HRHH JV JUNIOR MEZZ TWO, LLC (“JV Junior Mezz Two”) a
