Common use of Disposition of Assets on Termination Clause in Contracts

Disposition of Assets on Termination. Promptly after termination under Section 12.1 or 12.2, the Operator shall take all action necessary to wind up the activities of the Venture, and all costs and expenses incurred in connection with the termination of the Venture shall be expenses chargeable to the Venture. The Assets shall first be paid, applied, or distributed in satisfaction of all liabilities of the Venture to third parties and then to satisfy any debts, obligations, or liabilities owed to the Participants. Before distributing any funds or Assets to Participants, the Operator shall have the right to segregate amounts which, in the Operator's reasonable judgment, are necessary to discharge continuing obligations or to purchase for the account of the Participants, bonds or other securities for the performance of such obligations. The foregoing shall not be construed to include the repayment of any Participant's capital contributions. Thereafter, any remaining cash and all other Assets shall be distributed (in undivided interests unless otherwise agreed) to the Participants, in proportion to their respective Participating Interests, subject to any dilution, reduction, or termination of such Participating Interests as may have occurred pursuant to the terms of this Agreement. No Participant shall receive a distribution of any interest in Products or proceeds from the sale thereof if such Participant's Participating Interest therein has been terminated pursuant to this Agreement.

Appears in 3 contracts

Samples: Joint Venture Agreement (Stirrup Creek Gold LTD), Joint Venture Agreement (Stirrup Creek Gold LTD), Joint Venture Agreement (Stirrup Creek Gold LTD)

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Disposition of Assets on Termination. Promptly after termination under Section 12.1 or 12.2, the Operator Manager shall take all action necessary to wind up the activities of the Venture, and all costs and expenses incurred in connection with the termination of the Venture shall be expenses chargeable to the Venture. The Assets shall first be paid, applied, or distributed in satisfaction of all liabilities Liabilities of the Venture to third parties and then to satisfy any debts, obligations, or liabilities Liabilities owed to the Participants. Before distributing any funds or Assets to Participants, the Operator Manager shall have the right to segregate amounts which, in the Operator's Manager’s reasonable judgment, are necessary to discharge continuing obligations or to purchase for the account of the Participants, bonds or other securities for the performance of such obligations. The foregoing shall not be construed to include the repayment of any Participant's ’s capital contributions. Thereafter, any remaining cash and all other Assets shall be distributed (in undivided interests unless otherwise agreed) to the Participants, Participants (after making any adjustments required by Exhibit C) in proportion to accordance with their respective Participating Interests, subject to any dilution, reduction, or termination of such Participating Interests as may have occurred pursuant to the terms of this Agreement. No Participant shall receive a distribution of any interest in Products or proceeds from the sale thereof if such Participant's ’s Participating Interest therein has been terminated pursuant to this Agreement.

Appears in 2 contracts

Samples: Mining Venture Agreement (Us Energy Corp), Mining Venture Agreement (Crested Corp)

Disposition of Assets on Termination. Promptly after termination of this Agreement under Section 12.1 or 12.2with respect to all Properties, the Operator Manager shall take all action necessary to wind up the activities of the Venture, and all costs and expenses incurred in connection with the termination of the Venture shall be expenses chargeable to the Venture. The Assets shall first be paid, applied, or distributed in satisfaction of all liabilities of the Venture to third parties and then to satisfy any debts, obligations, or liabilities owed to the Participants. Before distributing any funds or Assets to Participants, the Operator Manager shall have the right to segregate amounts which, in the OperatorManager's reasonable judgment, are necessary to discharge continuing obligations or to purchase for the account of the Participants, bonds or other securities for the performance of such obligations. The foregoing shall not be construed to include the repayment of any Participant's capital contributionscontributions or Capital Account balance. Thereafter, any remaining cash and all other Assets shall be distributed (in undivided interests unless otherwise agreed) to the Participants, in proportion to their respective Participating Interests, subject to any dilution, reduction, or termination of such Participating Interests as may have occurred pursuant to the terms of this Agreement. No Participant shall receive a distribution of any interest in Products or proceeds from the sale thereof if such Participant's Participating Interest therein has been terminated pursuant to this Agreement.

Appears in 1 contract

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

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Disposition of Assets on Termination. Promptly after termination under Section 12.1 or 12.212.1, the Operator Manager shall take all action necessary to wind up the activities of the Venture, and all costs and expenses incurred in connection with the termination of the Venture shall be expenses chargeable to the Venture. The Assets shall first be paid, applied, applied or distributed in satisfaction of all liabilities of the Venture to third parties and then to satisfy any debts, obligations, obligations or liabilities owed to the Participants. Before distributing any funds or Assets to Participants, the Operator Manager shall have the right to segregate amounts which, in the OperatorManager's reasonable judgment, are necessary to discharge continuing obligations Continuing Obligations or to purchase for the account of the Participants, Participants bonds or other securities for the performance of such obligations. The foregoing shall not be construed to include the repayment of any Participant's capital contributionscontributions or Capital Account balance. Thereafter, any remaining cash and all other Assets shall be distributed (in undivided interests unless otherwise agreed) to the Participants, first in the ratio and to the extent of their respective Capital Accounts and then in proportion to their respective Participating Interests, subject to any dilution, reduction, reduction or termination of such Participating Interests as may have occurred pursuant to the terms of this Agreement. No Participant shall receive a distribution of any interest in Products or proceeds from the sale thereof if such Participant's Participating Interest therein has been terminated pursuant to this Agreement.

Appears in 1 contract

Samples: Mining Venture Agreement (Novagold Resources Inc)

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