Assignment by Grantor. The Grantor may assign any legal or equitable interest in this Agreement, the Royalty Lands, the Leases or any portion or portions thereof and in the event of such assignment, the Grantor shall continue to be bound by all of the conditions and provisions of this Agreement as if there had been no assignment until such time as the Royalty Owner shall have been served with a written undertaking by the assignee (or assignees) directly enforceable by the Royalty Owner, to perform and be bound thereafter by all of the terms and provisions of this Agreement to the same extent and degree with respect to the interest which has been assigned to it, as it would have been if such assignee (or assignees) had been a party to this Agreement instead of the Grantor.
Assignment by Grantor. Grantor shall be entitled to Transfer all or any portion of its interest in the Property. If the Grantor Transfers all or any portion of its interest in the Property, upon obtaining from the transferee a written assumption of the obligations of the Grantor pursuant to this Schedule with respect to the interest so Transferred, the Grantor shall thereupon be relieved of all liability for payment of royalties under this Schedule for any royalties that may thereafter arise with respect to such transferred interest. El presente Contrato de Exploración y Opción de Compra xx xxxxxxxxx en la Ciudad de Chihuahua, Estado de Chihuahua con fecha del 18 xx Xxxxxx del 2005 ENTRE: COMPAÑÍA MINERA DE NAMIQUIPA, S. A. DE C. V., sociedad mercantil debidamente constituida conforme a las leyes de los Estados Unido Mexicanos, representada en el presente acto por el SR. XXXXX XXXX TOUCHE actuando en su carácter de Presidente del Consejo de Administración, con Poderes Generales para Pleitos y Cobranzas y Actos de Administración y Dominio (en lo sucesivo “Namiquipa”) MINERA RIO TINTO S.A. DE C.V. sociedad debidamente constituida y en existencia conforme a las leyes de los Estados Unidos Mexicanos, representada en el presente acto por el SR. XXXXX XXXX TOUCHE en su carácter de Administrador Único con poderes generales para pleitos y cobranzas, actos de administración y dominio, con domicilio en Ave. Xxxxxxx Xxxxxx Xx. 0000 - Xxxxx, Xxxxxxx xx Xxxx, X. X. 00000, Xxxxxxxxx, Xxxxxxxxx (X. F. C. MRT940802NN2) (en lo sucesivo la "MRT”) Y MARIO XXXXXXXX XXXX TOUCHE, actuando por sus propios derechos, Ciudadano Mexicano, estado civil xxxxxx, nacido en Chihuahua, Chihuahua el 12 de Septiembre de 1953, de ocupación empresario xxxxxx y con domicilio en Calle Misión de San Antonio No. 2036 de la Ciudad de Chihuahua, Chihuahua; (en lo sucesivo, “Xxxx”) (a “Namiquipa”, “MRT” y “Xxxx” se les denominará colectivamente en lo sucesivo como los “Concesionarios”) POR LA PRIMERA PARTE Y SUNBURST MINING DE MÉXICO, S. A. DE C. V., sociedad mercantil debidamente constituida conforme a las leyes de los Estados Unidos Mexicanos, representada en el presente acto por el SR. XXXXX XXXXX XXXXX en su carácter de Administrador Único con poderes generales para pleitos y cobranzas, actos de administración y dominio, con domicilio en Xx. Xxx Xxx X. 0000 interior 5, Zona Costera Mazatlán, Sinaloa, C. P. 82149 (en lo sucesivo, la "Exploradora") POR LA SEGUNDA PARTE CONSIDERANDO QUE:
A. Los Concesionarios son 100% ti...
Assignment by Grantor. Grantor shall be entitled to Transfer all or any portion of its interest in the Property. If the Grantor Transfers all or any portion of its interest in the Property, upon obtaining from the transferee a written assumption of the obligations of the Grantor pursuant to this Schedule with respect to the interest so Transferred, the Grantor shall thereupon be relieved of all liability for payment of royalties under this Schedule for any royalties that may thereafter arise with respect to such transferred interest.
Assignment by Grantor. No Grantor shall assign any right, title or interest hereunder.
Assignment by Grantor. (a) Except as permitted by Section 2.1(h), any assignment by Grantor or its Affiliates of any Subject Interests shall be in accordance with Section 4.01 of the Recordable Conveyance.
(b) Grantor may not convey or assign any of its rights or obligations under this Agreement or any part thereof except in connection with and as part of a transfer of the interest by Grantor or its Affiliates in any Subject Interest. No transfer or assignment of its rights under this Agreement will release or relieve Grantor from its obligations hereunder.
(c) Grantor shall not, and shall not permit any Affiliate of Grantor, to indirectly (by merger, consolidation, disposition of equity or otherwise) effect any conveyance of any interest in any Subject Interest in contravention of this Master Conveyance or any Recordable Conveyance.
Assignment by Grantor. Subject to section 12, the Grantor may, with the consent of Grantee which shall not be unreasonably withheld, assign any legal or equitable interest in this agreement, the Royalty Lands, the Leases or any portion or portions thereof and in the event of such assignment, the Grantor shall continue to be bound by all of the conditions and provisions of this agreement as if there had been no assignment until such time as the Grantee shall have been served with a written undertaking by the assignee (or assignees) directly enforceable by the Grantee, to perform and be bound thereafter by all of the terms and provisions of this agreement to the same extent and degree with respect to the interest which has been assigned to it, as it would have been if such assignee (or assignees) had been a party to this agreement instead of the Grantor.
Assignment by Grantor. Grantor shall have the right to assign, sell, transfer, convey, mortgage or pledge the Subject Interests, or any part thereof, provided that same is expressly made subject to the Royalty Interest and the terms and provisions of this Conveyance and that a certified copy of the recorded instrument accomplishing same is promptly furnished to Grantee by Grantor. From and after the effective date of any such assignment, sale, transfer or Conveyance by Grantor, the grantee thereunder shall succeed to all the requirements upon and responsibilities of Grantor hereunder as to the interests so acquired by such grantee, and, from and after said effective date, Grantor shall be relieved of such requirements and responsibilities, excepting only for those accrued or due for performance prior to such effective date and except as otherwise provided in Section 9.2. The kind of notice provided herein shall be exclusive, and no other kind, whether actual or constructive, shall be binding on Grantee.
Assignment by Grantor. (a) Any assignment or purported assignment by Grantor of its rights under this Agreement shall be of no effect and is void ab initio unless:
(i) Grantee has given its prior written consent, which shall not be unreasonably withheld or delayed;
(ii) such assignment is part of a transaction involving the sale or transfer of an interest in the Properties; and
(iii) the assignee enters into a written agreement by which it assumes, in favor of Grantee, the obligations of Grantor under this Agreement to the extent of the interest assigned, in form reasonably acceptable to Grantee.
(b) Subject to an assignment conforming to the requirements of Section 8.1(a), Grantor shall be released from any further obligation under this Agreement to the extent of the assumption of those obligations by the assignee and arising after the date of the assignment. Until the release of Grantor becomes effective, Grantor shall continue to pay the Royalty as if the assignment had not occurred. Such release shall be without prejudice to any of the rights of Grantee against Grantor for a breach of this Agreement arising before the date of the assignment or from any rights intended to survive this Agreement.
Assignment by Grantor. If the Grantor disposes, in any manner whatsoever, of its interest in this Royalty Agreement, the Royalty Lands, the Leases or any portion or portions thereof, it shall at all times continue to be bound by the provisions of this Royalty Agreement as if there had been no assignment, until such time as the Royalty Owner shall have been served with a document reflecting the assignment. Such assignment document shall be accompanied by a written undertaking by the Assignee, directly enforceable by the Royalty Owner, to perform and be bound thereafter by all of the provisions of this Royalty Agreement to the same extent and degree, with respect to the interest which has been assigned to it, as it would have been had it been a party to this Royalty Agreement in the place of the Grantor.
Assignment by Grantor. Grantor, in consideration of the CDBG Funds awarded to it by HTFC, assigns all of its rights and remedies under this Agreement to HTFC. In the event (i) the CDBG Agreement entered into between the Grantor and HTFC is terminated for any reason, or (ii) HTFC, in its sole and absolute discretion, finds deficient performance or inadequate management capacity on the part of the Grantor, HTFC shall have the right to notify Grantee that HTFC has asserted its rights to enforce any and all obligations of Grantee under this Agreement or any other Grant instrument executed in connection herewith. Until such time as HTFC elects to exercise such rights by mailing to the Grantor and Grantee written notice thereof, Grantor is authorized to enforce all rights under this Agreement.
