Common use of Contracts, etc Clause in Contracts

Contracts, etc. ‌ (a) Except for this Agreement or contracts, agreements, leases and commitments entered into in the ordinary course of business or which have been filed as, Xxx is not a party to or bound by any Contract: (i) relating to capital expenditures or improvements in excess of $50,000 in the aggregate; (ii) by which title to any assets, rights or properties is retained by a third party as security for an obligation; (iii) which will be at the Effective Date secured by a lien upon any assets, rights or properties as security for an obligation; (iv) relating to the employment of any employees or the rights of employees upon severance or termination; (v) relating to management, consulting or any other similar type of Contract which involves an amount exceeding $50,000 per annum, excluding those which may be terminated without penalty on 90 days' notice or less; (vi) which contemplates payment on or as a result of a change of control of Xxx (whether on termination of such agreement, on occurrence of any other event or circumstances, or after notice or lapse of time or otherwise); (vii) with any director or officer, former director or officer, shareholder or any person not dealing at arm's length with Xxx; (viii) with a bank or other financial institution relating to borrowed money; (ix) relating to the existence, creation, purchase or sale of any bonds, debentures, notes or long-term debts; (x) relating to outstanding letters of credit or constituting an agreement of guarantee or indemnification of the obligations or liabilities (contingent or otherwise) of any other person or relating to commitments to purchase the assets of any other person or to guarantee the price thereof; (xi) relating to the acquisition or disposition of any shares or securities of any entity, other than this Agreement; (xii) relating to the acquisition, disposition or lease of any business operations or real property; (xiii) limiting or restraining Xxx from engaging in any activities or competing with any person; (xiv) which involves the use of a derivative, including any forward contracts or options; or (xv) relating to the existence or creation of any bona fide offer of an opportunity (including a joint venture opportunity) to any person. (b) Xxx and, to the knowledge of Xxx, each of the other parties thereto, is in compliance with all covenants under any Contract, and no default has occurred which, with notice or lapse of time or both, would directly or indirectly constitute such a default, except for such non-compliance or default as has not had and will not have a Material Adverse Effect on Xxx.

Contracts, etc. ‌ (a) Except for this Agreement or contracts, agreements, leases and commitments entered into as described in the ordinary course of business or which have been filed asTartisan Public Documents, Xxx Tartisan is not a party to or bound by any Contract: (i) relating to capital expenditures or improvements in excess of $50,000 10,000 in the aggregate; (ii) by which title to any assets, rights or properties is retained by a third party as security for an obligation; (iii) which will be at the Effective Date secured by a lien upon any assets, rights or properties as security for an obligation; (iv) relating to the employment of any employees or the rights of employees upon on severance or termination; (v) relating to management, consulting or any other similar type of Contract which involves an amount exceeding $50,000 10,000 per annum, excluding those which may be terminated without penalty on 90 days' three months’ notice or less; (vi) which contemplates payment on or as a result of a change of control of Xxx Tartisan (whether on termination of such agreement, on occurrence of any other event or circumstancescircumstance, or after notice or lapse of time or otherwise); (vii) with any director or officer, former director or officer, shareholder or any person not dealing at arm's ’s length with XxxTartisan; (viii) with a bank or other financial institution relating to borrowed money; (ix) relating to the existence, creation, existence or creation or purchase or sale of any bonds, debentures, notes or long-term debts; (x) relating to outstanding letters of credit or constituting an agreement of guarantee or indemnification of the obligations or liabilities (contingent or otherwise) of any other person or relating to commitments to purchase the assets of any other person or to guarantee the price thereof; (xi) relating to the acquisition or disposition of any shares or securities of any entity, other than this Agreement; (xii) relating to the acquisition, acquisition or disposition or lease of any business operations or real property; (xiii) limiting or restraining Xxx Tartisan from engaging in any activities or competing with any personPerson; (xiv) which involves the use of a derivative, including any forward contracts or options; or; (xv) relating to the existence or creation of any bona fide offer of an opportunity (including a joint venture opportunity) to any personPerson; or (xvi) which is otherwise material to Tartisan. (b) Xxx Tartisan and, to the knowledge of XxxTartisan, each of the other parties thereto, to any Contract to which Tartisan is a party is in compliance in all material respects with all covenants under any Contract, each such Contract and no default has occurred which, with notice or lapse of time or both, would directly or indirectly constitute such a default, except for such non-compliance or default as has not had and will not have a Material Adverse Effect on Xxxunder any Contract.

Contracts, etc. ‌ (a) Except Other than the Convertible Debentures, the Convertible Bridge Loan, the Golden Arrow Share Purchase Agreement, the Premier Royalty Employment Agreements and except as disclosed in Schedule F, and except for this Agreement or contracts, agreements, leases and commitments entered into in the ordinary course of business or which have been filed asas of the date hereof, Xxx Premier Royalty is not a party to or bound by any Contract: (i) relating to capital expenditures or improvements in excess of $50,000 in the aggregate; (ii) by which title to any assets, rights or properties is retained by a third party as security for an obligation; (iii) which will be at the Effective Date secured by a lien upon any assets, rights or properties as security for an obligation; (iv) relating to the employment of any employees or the rights of employees upon on severance or termination; (v) relating to management, consulting or any other similar type of Contract which involves an amount exceeding $50,000 per annum, excluding those which may be terminated without penalty on 90 days' three months’ notice or less; (vi) which contemplates payment on or as a result of a change of control of Xxx Premier Royalty (whether on termination of such agreement, on occurrence of any other event or circumstancescircumstance, or after notice or lapse of time or otherwise), other than consulting agreements entered into in the ordinary course, provided that the Business Combination will not trigger any such change of control payments; (vii) with any director or officer, former director or officer, shareholder or any person not dealing at arm's ’s length with XxxPremier Royalty; (viii) with a bank or other financial institution relating to borrowed money; (ix) relating to the existence, creation, existence or creation or purchase or sale of any bonds, debentures, notes or long-term debts; (x) relating to outstanding letters of credit or constituting an agreement of guarantee or indemnification of the obligations or liabilities (contingent or otherwise) of any other person or relating to commitments to purchase the assets of any other person or to guarantee the price thereof; (xi) relating to the acquisition or disposition of any shares or securities of any entity, other than this Agreement; (xii) relating to the acquisition, acquisition or disposition or lease of any business operations or real property; (xiii) limiting or restraining Xxx Premier Royalty from engaging in any activities or competing with any person; (xiv) which involves the use of a derivative, including any forward contracts or options; or (xv) relating to the existence or creation of any bona fide offer of an opportunity (including a joint venture opportunity) to any person. (b) Xxx Premier Royalty and, to the knowledge of XxxPremier Gold and Premier Royalty, each of the other parties thereto, is in material compliance with all covenants under any each Contract, including the Golden Arrow Share Purchase Agreement, and no default has occurred which, with notice or lapse of time or both, both would directly or indirectly constitute such a defaultdefault under any Contract, including the Golden Arrow Share Purchase Agreement, except for such non-compliance or default as has not had and will not have a Material Adverse Effect on XxxPremier Royalty.

Contracts, etc. ‌ (a) Except for this Agreement or contracts, agreements, leases and commitments entered into in the ordinary course of business business, or which have been filed asas Tenke Securities Documents or as listed in Section 2.11 of the Tenke Disclosure Letter, Xxx as of the date hereof, no Tenke Group Member is not a party to or bound by any Contract: (i) relating to capital expenditures or improvements in excess of $50,000 250,000 in the aggregate; (ii) by which title to any assets, rights or properties is retained by a third party as security for an obligation; (iii) which will be at the Effective Closing Date secured by a lien upon any assets, rights or properties as security for an obligation; (iv) relating to the employment of any employees or the rights of employees upon on severance or termination; (v) relating to management, consulting or any other similar type of Contract which involves an amount exceeding $50,000 per annum, excluding those which may be terminated without penalty on 90 days' notice or less; (vi) which contemplates payment on or as a result of a change of control of Xxx any Tenke Group Member (whether on termination of such agreement, on occurrence of any other event or circumstancescircumstance, or after notice or lapse of time or otherwise); (vii) with any director or officer, former director or officer, shareholder or any person not dealing at arm's length with XxxTenke or such Tenke Group Member; (viii) with a bank or other financial institution relating to borrowed money; (ix) relating to the existence, creation, existence or creation or purchase or sale of any bonds, debentures, notes or long-term debts; (x) relating to outstanding letters of credit or constituting an agreement of guarantee or indemnification of the obligations or liabilities (contingent or otherwise) of any other person or relating to commitments to purchase the assets of any other person or to guarantee the price thereof; (xi) relating to the acquisition or disposition of any shares or securities of any entity, other than this Agreement; (xii) relating to the acquisition, acquisition or disposition or lease of any business operations or real property; (xiii) limiting or restraining Xxx any Tenke Group Member from engaging in any activities or competing with any person; (xiv) concerning the lease of any machinery or equipment pursuant to which payments thereunder exceed $250,000 in the aggregate; (xv) which involves the use of a derivative, including any forward contracts or options; or (xvxvi) relating to the existence or creation of any bona fide offer of an opportunity (including a joint venture opportunity) to any person. (b) Xxx Each Tenke Group Member and, to the knowledge of XxxTenke, each of the other parties thereto, thereto is in compliance with all covenants under any Contract, Contract and no default has occurred which, with notice or lapse of time or both, both would directly or indirectly constitute such a defaultdefault under any Contract, except for such non-compliance or default as has not had and will not have a Material Adverse Effect on Xxxthe Tenke Group.

Contracts, etc. ‌ (a) Except for this Agreement or contracts, agreements, leases and commitments entered into as described in the ordinary course of business or which have been filed asTartisan Public Documents, Xxx Tartisan is not a party to or bound by any Contract: (i) relating to capital expenditures or improvements in excess of $50,000 10,000 in the aggregate; (ii) by which title to any assets, rights or properties is retained by a third party as security for an obligation; (iii) which will be at the Effective Date secured by a lien upon any assets, rights or properties as security for an obligation; (iv) relating to the employment of any employees or the rights of employees upon on severance or termination; (v) relating to management, consulting or any other similar type of Contract which involves an amount exceeding $50,000 10,000 per annum, excluding those which may be terminated without penalty on 90 days' three months’ notice or less; (vi) which contemplates payment on or as a result of a change of control of Xxx Tartisan (whether on termination of such agreement, on occurrence of any other event or circumstancescircumstance, or after notice or lapse of time or otherwise); (vii) with any director or officer, former director or officer, shareholder or any person not dealing at arm's ’s length with XxxXxxxxxxx; (viii) with a bank or other financial institution relating to borrowed money; (ix) relating to the existence, creation, existence or creation or purchase or sale of any bonds, debentures, notes or long-term debts; (x) relating to outstanding letters of credit or constituting an agreement of guarantee or indemnification of the obligations or liabilities (contingent or otherwise) of any other person or relating to commitments to purchase the assets of any other person or to guarantee the price thereof; (xi) relating to the acquisition or disposition of any shares or securities of any entity, other than this Agreement; (xii) relating to the acquisition, acquisition or disposition or lease of any business operations or real property; (xiii) limiting or restraining Xxx Tartisan from engaging in any activities or competing with any personPerson; (xiv) which involves the use of a derivative, including any forward contracts or options; or; (xv) relating to the existence or creation of any bona fide offer of an opportunity (including a joint venture opportunity) to any personPerson; or (xvi) which is otherwise material to Tartisan. (b) Xxx Tartisan and, to the knowledge of XxxTartisan, each of the other parties thereto, to any Contract to which Tartisan is a party is in compliance in all material respects with all covenants under any Contract, each such Contract and no default has occurred which, with notice or lapse of time or both, would directly or indirectly constitute such a default, except for such non-compliance or default as has not had and will not have a Material Adverse Effect on Xxxunder any Contract.

Contracts, etc. ‌ (a) Except for this Agreement or contracts, agreements, leases and commitments entered into as set out in the ordinary course Gamesquare Disclosure Letter, neither Gamesquare nor any of business or which have been filed as, Xxx its subsidiaries is not a party to or bound by any Contract: (i) relating to capital expenditures or improvements in excess of $50,000 100,000 in the aggregate; (ii) by which title to any assets, rights or properties properties, including the Gamesquare Assets, is retained by a third party as security for an obligation; (iii) which will be be, at the Effective Date Date, secured by a lien upon any assets, rights or properties properties, including the Gamesquare Assets, as security for an obligation; (iv) relating to the employment of any employees or the rights of employees upon on severance or termination; (v) relating to consultants or the rights of consultants on severance or termination; (vi) relating to management, consulting or any other similar type of Contract which involves an amount exceeding $50,000 100,000 per annum, excluding those which may be terminated without penalty on 90 days' three months’ notice or less; (vivii) which contemplates payment on or as a result of a change of control of Xxx Gamesquare (whether on termination of such agreement, on occurrence of any other event or circumstancescircumstance, or after notice or lapse of time or otherwise), other than consulting agreements entered into in the ordinary course; (viiviii) with any director or officer, former director or officer, shareholder or any person Person not dealing at arm's ’s length with XxxGamesquare; (viiiix) with a bank or other financial institution relating to borrowed money; (ixx) relating to the existence, creation, existence or creation or purchase or sale of any bonds, debentures, notes or long-term debts; (xxi) relating to outstanding letters of credit or constituting an agreement of guarantee or indemnification of the obligations or liabilities (contingent or otherwise) of any other person Person or relating to commitments to purchase the assets of any other person Person or to guarantee the price thereof; (xixii) relating to the acquisition or disposition of any shares or securities of any entity, other than this Agreement; (xiixiii) relating to the acquisition, acquisition or disposition or lease of any business operations or real property; (xiiixiv) limiting or restraining Xxx Gamesquare from engaging in any activities or competing with any person;Person; or (xivxv) which involves the use of a derivative, including any forward contracts or options; or (xv) relating to the existence or creation of any bona fide offer of an opportunity (including a joint venture opportunity) to any person. (b) Xxx Each Contract of Gamesquare is a valid and subsisting agreement, enforceable in accordance with the terms thereof, and can be fulfilled and performed in all material respects by Gamesquare in the ordinary course. Each Contract of Gamesquare is unamended since being made available to Magnolia, is in full force and effect and in good standing. (c) Gamesquare and, to the knowledge of XxxGamesquare, each of the other parties thereto, thereto is in compliance with all covenants under any Contract, Contract and no default has occurred which, with notice or lapse of time or both, both would directly or indirectly constitute such a defaultdefault under any Contract, except for such non-compliance or default as has not had and will not have a Material Adverse Effect on XxxGamesquare.