Common use of Capacity of Participants Clause in Contracts

Capacity of Participants. Lessee and Lessor, each for itself, ------------------------ represent and warrant as follows: (a) That it is a corporation and individuals respectively duly incorporated and in good standing in its state of incorporation and that it is qualified to do business and is in good standing in those states where necessary in order to carry out the purposes of this Agreement; (b) That it has the capacity to enter into and perform this Agreement and all transactions contemplated herein and that all corporate and other actions required to authorize it to enter into and perform this Agreement have been properly taken; (c) That it will not breach any other agreement or arrangement by entering into or performing this Agreement; and (d) That this Agreement has been duly executed and delivered by it and is valid and binding upon it in accordance with its terms.

Appears in 2 contracts

Samples: Mining Lease Agreement (Utah Clay Technology Inc), Mining Lease Agreement (Utah Clay Technology Inc)

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Capacity of Participants. Lessee Each of the parties hereto represents and Lessor, each for itself, ------------------------ represent and warrant warrants as follows: (ai) That that it is a corporation and individuals respectively duly incorporated and in good standing in its state of incorporation and that it is qualified to do business and is in good standing in those states jurisdictions where necessary in order to carry out the purposes of this Agreement; (bii) That that it has the capacity to enter into and perform this Agreement and all transactions contemplated herein and that all corporate and other actions required to authorize it to enter into and perform this Agreement have been properly taken; (ciii) That that it will not breach any other agreement or arrangement by entering into or performing this Agreement; and (div) That that this Agreement has been duly executed and delivered by it and is valid and binding upon it in accordance with its terms.

Appears in 2 contracts

Samples: Joint Venture Agreement (Trend Mining Co), Joint Venture Agreement (Aurora Metals Bvi LTD)

Capacity of Participants. Lessee and Lessor, each for itself, ------------------------ itself -------------------------- represent and warrant as follows: (a) That it is a corporation and individuals respectively duly incorporated and in good standing in its state of incorporation and that it is qualified to do business and is in good standing in those states where necessary in order to carry out the purposes of this Agreement; (b) That it has the capacity to enter into and perform this Agreement and all transactions contemplated herein and that all corporate and other actions required to authorize it to enter into and perform this Agreement have been properly taken; (c) That it will not breach any other agreement or arrangement by entering into or performing this Agreement; and (d) That this Agreement has been duly executed and delivered by it and is valid and binding upon it in accordance with its terms.

Appears in 2 contracts

Samples: Exploration for Mining and Mineral Development Lease (Utah Clay Technology Inc), Mining Lease (Utah Clay Technology Inc)

Capacity of Participants. Lessee Each of the Participants represents and Lessor, each for itself, ------------------------ represent and warrant -------------------------- warrants as follows: (a) That that it is a corporation and individuals respectively duly incorporated and in good standing in its state of incorporation and that it is qualified to do business and is in good standing in those states where necessary in order to carry out the purposes of this Agreement; (b) That that it has the capacity to enter into and perform this Agreement and all transactions contemplated herein and that all corporate and other actions required to authorize it to enter into and perform this Agreement have been properly taken; (c) That that it will not breach any other agreement or arrangement by entering into or performing this Agreement; and (d) That that this Agreement has been duly executed and delivered by it and is valid and binding upon it in accordance with its terms.

Appears in 1 contract

Samples: Mining Venture Agreement (Western Goldfields Inc)

Capacity of Participants. Lessee Each of the parties hereto represents and Lessor, each for itself, ------------------------ represent and warrant warrants as follows: (a) That that it is a corporation and individuals respectively duly incorporated and in good standing in its state of incorporation and that it is qualified to do business and is in good standing in those states jurisdictions where necessary in order to carry out the purposes of this Agreement; (b) That that it has the capacity to enter into and perform this Agreement and all transactions contemplated herein and that all corporate and other actions required to authorize it to enter into and perform this Agreement have been properly taken; (c) That that it will not breach any other agreement or arrangement by entering into or performing this Agreement; and (d) That that this Agreement has been duly executed and delivered by it and is valid and binding upon it in accordance with its terms.

Appears in 1 contract

Samples: Joint Venture Agreement (Idaho Consolidated Metals Corp)

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Capacity of Participants. Lessee Each of the parties hereto represents and Lessor, each for itself, ------------------------ represent and warrant warrants as follows: (a) 2.1.1. That it is a corporation and individuals respectively duly incorporated and in good standing in its state or province of incorporation and that it is qualified to do business and is in good standing in those states jurisdictions where necessary in order to carry out the purposes of this Agreement; (b) 2.1.2. That it has the capacity to enter into and perform this Agreement and all transactions contemplated herein and that all corporate and other actions required to authorize authorizing it to enter into and perform this Agreement have been properly taken; (c) 2.1.3. That it will not breach any other agreement or arrangement by entering into or performing this Agreement; and (d) 2.1.4. That this Agreement has been duly executed and delivered by it and is valid and binding upon it in accordance with its terms.

Appears in 1 contract

Samples: Stillwater West PGM Venture Agreement (Idaho Consolidated Metals Corp)

Capacity of Participants. Lessee Each of the Participants represents and Lessor, each for itself, ------------------------ represent and warrant warrants as follows: (a) That that it is a corporation and individuals respectively duly incorporated and in good standing in its state place of incorporation and that it is qualified to do business and is in good standing in those states jurisdictions where necessary in order to carry out the purposes of this Agreement; (b) That that it has the capacity to enter into and perform this Agreement and all transactions contemplated herein and that all corporate and other actions required to authorize it to enter into and perform this Agreement have been properly taken; (c) That that it will not breach any other agreement or arrangement by entering into or performing this Agreement; and (d) That that this Agreement has been duly executed and delivered by it and is valid and binding upon it in accordance with its terms.

Appears in 1 contract

Samples: Operating Agreement (Hecla Mining Co/De/)

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