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File #: 17-091    Version: Name: N/A
Type: Resolution Status: Passed
File created: 8/17/2017 In control: TRIBAL COUNCIL
On agenda: 8/31/2017 Final action: 9/13/2017
Enactment date: 9/11/2017 Enactment #: R-064-17
Title: A RESOLUTION AUTHORIZING CERTAIN LENDING TRANSACTIONS INVOLVING CHEROKEE NATION BUSINESSES, L.L.C., A CHEROKEE NATION TRIBAL LIMITED WAIVER OF SOVEREIGN IMMUNITY
Sponsors: Bryan Warner , Keith Austin, Rex Jordan, Janees Taylor
Indexes: Cherokee Nation Businesses, Waiver of Sovereign Immunity
Code sections: N/A - Not Applicable
Attachments: 1. R-64-17.PDF
Title
A RESOLUTION AUTHORIZING CERTAIN LENDING TRANSACTIONS INVOLVING CHEROKEE NATION BUSINESSES, L.L.C., A CHEROKEE NATION TRIBAL LIMITED WAIVER OF SOVEREIGN IMMUNITY
Body
WHEREAS, the Cherokee Nation since time immemorial has exercised the sovereign rights of self-government in behalf of the Cherokee people; and

WHEREAS, the Cherokee Nation is a federally recognized Indian Nation with an historic and continual government to government relationship with the United States of America; and

WHEREAS, Cherokee Nation Businesses, L.L.C. ("CNB") is a for-profit limited liability company organized under the laws of the Cherokee Nation, is wholly owned by the Cherokee Nation and enjoys sovereign immunity from suit under federal law; and

WHEREAS, Cherokee Nation Entertainment, L.L.C. ("CNE") is a for-profit limited liability company organized under the laws of the Cherokee Nation, is wholly-owned by CNB and enjoys sovereign immunity from suit under federal law; and

WHEREAS, in 2013 CNB obtained a five-year credit facility from BOKF, NA dba Bank of Oklahoma (“BOK”) in the amount of $100,000,000, (ii) CNE and its subsidiaries guaranteed the loan, (iii) CNB, CNE, and CNE’s subsidiaries pledged certain of their assets relating to gaming and entertainment operations, and (iv) the Cherokee Nation entered into a Non-Interference Agreement and provided limited waivers of sovereign immunity to allow BOK to enforce the transaction parties’ obligations with respect to the credit facility and to enforce the Cherokee Nation’s obligations with respect to the Non-Interference Agreement; and

WHEREAS, the parties to the transactions desire to increase the amount of credit available under the Credit Agreement from $100,000,000 to $150,000,000 and extend the maturity date, desire to have the guarantees, the asset pledges and the Non-Interference Agreement ratified and confirmed, and desire to have the Cherokee Nation provide an updated limited waiver of sovereign immunity.

BE IT RESO...

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