The Authority shall have the power to do any and all things
necessary and appropriate in furtherance and connection with the financing,
development, construction, ownership, lease, operation, management,
maintenance and promotion of the FireKeepers Casino business and assets,
including without limitation the following:
A.
To exercise the rights and perform the obligations of the Tribe thereunder
and to provide or withhold any consent or approval required from the
Tribe pursuant to the terms thereof;
B.
To enter into, perform and carry out agreements, contracts and undertakings
for any lawful purpose pertaining to its business or which is necessary
or appropriate to the accomplishment of its purposes;
C.
To purchase, take by gift, devise or bequest, or otherwise acquire,
own, hold, manage, operate, sell, convey, mortgage, pledge, encumber,
lease, exchange, transfer, and otherwise dispose of property and assets
of every description and nature, real and personal, tangible or intangible,
including money, securities or any interest therein, provided that
the Authority shall not transfer or encumber any real property held
in trust by the United States for the benefit of the Tribe except
as allowed under the laws of the United States and with the express
authorization of the Tribal Council;
D.
To borrow money and to make, accept, endorse, execute and issue bonds,
debentures, promissory notes, guarantees and other obligations for
money borrowed or in payment for property acquired in furtherance
of the purposes of the Authority, and to secure payment of any obligations
by the grant of a security interest, mortgage, pledge, deed, indenture,
agreement or other instrument of trust or by other lien upon, assignment
of or agreement in regard to all or any part of the property, rights
or interests of the Authority;
E.
To sue and be sued in courts of competent jurisdiction, subject to the provisions of Article IV of this charter;
F.
Subject to Article IV, to arbitrate, compromise, negotiate or settle any dispute relating to the Authority's activities and to which it is a party;
G.
To invest and reinvest its funds in such notes, accounts and obligations of any kind whatsoever as the Authority Board, as defined at § 11.1-25, determines to be necessary and appropriate to the Authority's purposes;
H.
To purchase insurance from any stock or mutual company against any
liability, loss or disruption of operations or to property and against
any public liability as a result of any risk or hazard;
I.
To establish and maintain such bank and other financial accounts
as may be necessary and appropriate to the furtherance of the purposes
of the Authority;
J.
To form under tribal law or state law, and own in whole or in part,
subsidiaries and other entities, including but not limited to corporations,
partnerships, limited liability partnerships, and limited liability
companies which shall enjoy the same privileges and immunities as
the Authority, except as otherwise provided by law or under the governing
documents of the subsidiary or entity;
K.
To exercise such further incidental power, not inconsistent with
this charter and law, as may be necessary and appropriate to the conduct
of the Authority's business and accomplishment of its purposes;
L.
To take all action which shall be necessary and appropriate for carrying
out the foregoing powers and accomplishing the purposes of the Authority
as set forth in this charter.
The Authority shall not have any power:
A.
To expressly or implicitly enter into agreements of any kind on behalf
of the Tribe;
B.
To pledge the credit of the Tribe;
C.
To dispose of, pledge or otherwise encumber revenues or real or personal
property of the Tribe; or
D.
To waive any right, privilege or immunity of, or release any obligations
owed to, the Tribe; provided, however, that nothing herein contained
shall be construed to limit the Authority's power to enter into agreements
binding on it; pledge its credit; dispose of, pledge or encumber its
revenues or assets; or waive any of its rights, privileges or immunities
in the interest of and for the ultimate benefit of the Tribe with
respect to the financing, design, development, construction and operation
of the FireKeepers Casino.
