Interest in Mineral Rights. (i) All of Xxxxxxx’x mineral interests and rights with respect to the Xxxxxxx Mineral Properties, including any material mining claims, concessions, exploration licences, exploitation licences, prospecting permits, mining leases and mining rights, in each case, either existing under contract, by operation of Law, are set out in Schedule 3.1(l)of the Xxxxxxx Disclosure Letter (the “Xxxxxxx Mineral Rights”). Other than the Xxxxxxx Mineral Rights set out in Schedule 3.1(l) of the Xxxxxxx Disclosure Letter, Xxxxxxx does not own or have any interest in any material mineral interests.
(ii) Other than as set out in Schedule 3.1(l) of the Xxxxxxx Disclosure Letter:
(A) Xxxxxxx is the legal and beneficial owner of all right, title and interest in and to the Xxxxxxx Mineral Rights, free and clear of any Liens other than the Permitted Encumbrances.
(B) All of the Xxxxxxx Mineral Rights have been properly located and recorded in compliance with applicable Law and are comprised of valid and subsisting mineral claims or mining leases.
(C) The Xxxxxxx Mineral Rights are in good standing under applicable Law and, to the knowledge of Xxxxxxx, all work required to be performed and filed in respect thereof has been performed and filed, all Taxes, rentals, fees, expenditures and other payments in respect thereof have been paid or incurred and all filings in respect thereof have been made.
(D) To the knowledge of Xxxxxxx, there is no material adverse claim against or challenge to the title to or ownership of the Xxxxxxx Mineral Rights.
(E) No Person other than Xxxxxxx has any interest in the Xxxxxxx Mineral Rights or the production or profits therefrom or any royalty in respect thereof or any right to acquire any such interest.
(F) There are no back-in rights, earn-in rights, rights of first refusal or similar provisions or rights which would affect Xxxxxxx’x interest in the Xxxxxxx Mineral Rights.
(G) There are no material restrictions on the ability of Xxxxxxx to use, transfer or exploit the Xxxxxxx Mineral Rights, except pursuant to applicable Law.
(H) Xxxxxxx has all surface rights, including fee simple estates, leases, easements, rights of way and permits or licences operations from landowners or Governmental Entities permitting the use of land by Xxxxxxx, and mineral interests that are required to explore the Xxxxxxx Mineral Rights as contemplated in Xxxxxxx Public Documents filed (and available on SEDAR) on or before the date hereof and no third party or group holds any...
Interest in Mineral Rights. (a) Except as disclosed in Section 4.24 of the Augusta Disclosure Letter, none of Augusta nor its subsidiaries owns any real property with a value in excess of US$500,000, other than Augusta Mineral Rights.
(b) All of the mineral interests, rights and ancillary rights (including any fee land, patented and unpatented mining claims and mill sites, deeds, concessions, exploration licences, exploitation licences, prospecting permits, mining leases, mining rights, easements and leases) (collectively, the “Mineral Rights”) held by Augusta and its subsidiaries (the “Augusta Mineral Rights”) are set out in all material respects, in Augusta’s NI 43-101 technical report entitled “NI 43-101 Technical Report Updated Feasibility Study, Pima County, Arizona, USA” dated August 28, 2012.
(c) Except as disclosed in Section 4.24 of the Augusta Disclosure Letter:
(i) Augusta or a subsidiary of Augusta is the sole legal and beneficial owner of all right, title and interest in and to Augusta Mineral Rights, free and clear of any Liens;
(ii) all of Augusta Mineral Rights are valid and subsisting and have been properly located and recorded in compliance with applicable Law;
(iii) Augusta Mineral Rights are in good standing under applicable Law and, to the knowledge of Augusta, all work required to be performed and filed in respect thereof has been performed and filed, all Taxes, claim maintenance fees, rentals, fees, expenditures, reclamation bonds and other payments in respect thereof have been paid or incurred and all filings in respect thereof have been made;
(iv) there is no adverse claim, or challenge, in progress, pending or, to the knowledge of Augusta, threatened against, or to, the title to or ownership of any of Augusta Mineral Rights, including any aboriginal and/or tribal title claims;
(v) Augusta or a subsidiary of Augusta has the exclusive right to deal with all of Augusta Mineral Rights;
(vi) no person other than Augusta and its subsidiaries has any interest in any of Augusta Mineral Rights or the production or profits therefrom;
(vii) no person has any back-in rights, earn-in rights, rights of first refusal or similar provisions or rights or options that would affect Augusta’s, or a subsidiary of Augusta’s, interest in any of Augusta Mineral Rights;
(viii) each of Augusta and its subsidiaries has (A) taken all necessary actions to preserve all back-in rights, earn-in rights, rights of first refusal or similar provisions or rights or options in its favour and to e...
Interest in Mineral Rights. (i) All of Mountain’s mineral interests and rights with respect to the Mountain Mineral Properties, including any material mining claims, concessions, exploration licences, exploitation licences, prospecting permits, mining leases and mining rights, in each case, either existing under contract, by operation of Law, are set out in Schedule 4.1(l) of the Mountain Disclosure Letter (the “Mountain Mineral Rights”). Other than the Mountain Mineral Rights set out in Schedule 4.1(l) of the Mountain Disclosure Letter, Mountain does not own or have any interest in material mineral interests.
(ii) Other than as set out in Schedule 4.1(l) of the Mountain Disclosure Letter:
(A) Mountain is the legal and beneficial owner of all right, title and interest in and to the Mountain Mineral Rights, free and clear of any Liens other than Permitted Encumbrances.
(B) All of the Mountain Mineral Rights have been properly located and recorded in compliance with applicable Law and are comprised of valid and subsisting mineral claims or mining leases.
(C) The Mountain Mineral Rights are in good standing under applicable Law and, to the knowledge of Mountain, all work required to be performed and filed in respect thereof has been performed and filed, all Taxes, rentals, fees, expenditures and other payments in respect thereof have been paid or incurred and all filings in respect thereof have been made.
(D) There is no material adverse claim against or challenge to the title to or ownership of the Mountain Mineral Rights.
(E) No Person other than Mountain has any interest in the Mountain Mineral Rights or the production or profits therefrom or any royalty in respect thereof or any right to acquire any such interest.
(F) There are no back-in rights, earn-in rights, rights of first refusal or similar provisions or rights which would affect Mountain’s interest in the Mountain Mineral Rights.
(G) There are no material restrictions on the ability of Mountain to use, transfer or exploit the Mountain Mineral Rights, except pursuant to applicable Law.
(H) Mountain has all surface rights, including fee simple estates, leases, easements, rights of way and permits or licences operations from landowners or Governmental Entities permitting the use of land by Mountain, and mineral interests that are required to explore the Mountain Mineral Rights as contemplated in Mountain Public Documents filed (and available on SEDAR) on or before the date hereof and no third party or group holds any such rights...
Interest in Mineral Rights. Except as disclosed in Schedule 4.1(q) of the HudBay Disclosure Letter, HudBay and each of the Material HudBay Subsidiaries has sufficient title, free and clear of any title defect or Liens, to its properties (other than property as to which it is a lessee, in which case it has a valid leasehold interest), and to its mineral interests and rights (including any claims, concessions, exploration licences, exploitation licences, prospecting permits, royalty interests, mining leases and mining rights) except such defects in title or Liens that, individually or in the aggregate, do not have and would not reasonably be expected to result in a Material Adverse Effect on HudBay. All real and tangible personal property of HudBay and the Material HudBay Subsidiaries is in generally good repair and is operational and usable in the manner in which it is currently being used, subject to normal wear and tear, repair or replacement in the ordinary course of business.
Interest in Mineral Rights. (i) All of Metanor’s mineral interests and rights with respect to its mineral properties, including any material claims, concessions, exploration licences, exploitation licences, prospecting permits, mining leases and mining rights, in each case, either existing under contract, by operation of Law or otherwise (collectively, the “Metanor Mineral Rights”), are set out in Schedule 4.1(m)(i) of the Metanor Disclosure Letter. Other than the Metanor Mineral Rights set out in Schedule 4.1(m)(i) of the Metanor Disclosure Letter, Metanor does not own or otherwise have any interest in any material real property or any material mineral interests and rights.
(ii) Except as provided for in Schedule 4.1(m)(ii) of the Metanor Disclosure Letter:
(A) Metanor is the legal and beneficial owner of all right, title and interest in and to the Metanor Mineral Rights, free and clear of any Liens.
(B) All of the Metanor Mineral Rights have been properly located and recorded in compliance with applicable Law and are comprised of valid and subsisting mineral claims.
(C) The Metanor Mineral Rights are in good standing under applicable Law and, to the knowledge of Metanor, all work required to be performed and filed in respect thereof has been performed and filed, all Taxes, rentals, fees, expenditures and other payments in respect thereof have been paid or incurred and all filings in respect thereof have been made.
(D) There is no material adverse claim against or challenge to the title to or ownership of the Metanor Mineral Rights.
(E) No Person other than Metanor has any interest in the Metanor Mineral Rights or the production or profits therefrom or any royalty in respect thereof or any right to acquire any such interest.
(F) There are no back-in rights, earn-in rights, rights of first refusal or similar provisions or rights which would affect Metanor’s interest in the Metanor Mineral Rights.
(G) There are no material restrictions on the ability of Metanor to use, transfer or exploit the Metanor Mineral Rights, except pursuant to applicable Law.
(H) Metanor has all surface rights, leases, easements, rights of way and permits or licences operations from landowners or Governmental Entities permitting the use of land by Metanor, and mineral interests that are required to use the Metanor Mineral Rights as contemplated in Metanor Public Documents filed (and available on SEDAR) on or before the date hereof and no third party or group holds any such rights that would be required by Meta...
Interest in Mineral Rights. (a) All of the Corporation’s material mineral interests and rights (including any material claims, concessions, exploration licenses, exploitation licenses, prospecting permits, mining leases and mining rights, in each case, either existing under contract, by operation of Law or otherwise) (collectively, the “Mineral Rights”), are set out in Schedule 3.1(28)(32)(33). Other than the Mineral Rights set out in Schedule 3.1(28)(32)(33), the Corporation does not own, lease or have any interest in any material mineral interests and rights, including rights upon ore processing facilities.
(b) Except as set forth in Schedule 3.1(28)(32)(33), the Corporation is the sole legal and beneficial owner or all right, title and interest in and to the Mineral Rights, free and clear of any Encumbrances.
(c) All of the Mineral Rights have been properly located and recorded in compliance with applicable Law, including the registry of their UTM coordinates at the registry file of each of the rights comprising the Mineral Rights, and are comprised of valid and subsisting mineral claims, with full authority to explore and mine on them.
(d) The Mineral Rights are in good standing under applicable law and any and all work and investment required to be performed and filed in respect thereof has been performed and filed, all Taxes, rentals, fees, expenditures and other payments in respect thereof have been paid or incurred and all filings in respect thereof have been made.
(e) There is no overlapping or material adverse claim against or challenge to the title to or ownership of the Mineral Rights.
(f) The Corporation has the exclusive right to deal with the Mineral Rights.
(g) Other than the Royalty Agreement and the Pilot Gold NSR, no Person other than the Corporation has any interest in the Mineral Rights or the production or profits therefrom or any royalty in respect thereof or any right to acquire any such interest.
(h) Other than the right of first refusal granted to Pilot Gold pursuant to the Termination Agreement, there are no options, back-in rights, earn-in rights, rights of first refusal or similar provisions or rights which would affect the Corporation’s interest in the Mineral Rights.
(i) The Mineral Rights are not located within any natural protected area or its buffering zone, any town or its expansion zone, or any area banned for mining activities. There are not material restrictions on the ability of the Corporation to use, transfer, explore, develop, construct or ex...
Interest in Mineral Rights. Except as disclosed in Schedule 3.1(s) of the Lxxxxx Disclosure Letter, each of Lxxxxx, the Lxxxxx Subsidiaries and, to the knowledge of Lxxxxx, the Lxxxxx Significant Interest Companies has sufficient title, free and clear of any title defect or Liens, to its properties (other than property as to which it is a lessee, in which case it has a valid leasehold interest and no rents due thereunder are in default), and to its mineral interests and rights (including any claims, concessions, exploration licences, exploitation licences, prospecting permits, royalty interests, mining leases and mining rights), except such defects in title or Liens that, individually or in the aggregate, do not have and would not reasonably be expected to result in a Material Adverse Effect on Lxxxxx. All real and tangible personal property of the Lxxxxx and the Lxxxxx Subsidiaries is in generally good repair and is operational and usable in the manner in which it is currently being used, subject to normal wear and tear, repair or replacement in the ordinary course of business.
Interest in Mineral Rights. (a) The Vendor is the sole legal and beneficial owner of 100% of the right, title and interest in and to the Gruvberget Project free and clear of any Encumbrance and the Vendor has the exclusive right to deal with the Gruvberget Project.
(b) All of the mineral claims comprising the Gruvberget Project have been properly located and recorded in compliance with Applicable Law and are valid and subsisting mineral claims.
(c) The Gruvberget Project claims are in good standing under Applicable Law and all work required to be performed and filed in respect thereof has been performed and filed, all taxes, rentals, fees, expenditures and other payments in respect thereof have been paid or incurred and all filings in respect thereof have been made.
(d) There is no material adverse claim against, or challenge to, the title to or ownership of the Gruvberget Project.
(e) No Person other than the Vendor has any interest in the Gruvberget Project or the production or profits therefrom or any royalty in respect thereof or any right to acquire any such interest.
(f) There are no options, back-in rights, earn-in rights, rights of first refusal or similar provisions or rights which would affect the Vendor' interest in the Gruvberget Project.
(g) There are no material restrictions on the ability of the Vendor to use, transfer or exploit the Gruvberget Project, except pursuant to the Applicable Law.
(h) The Vendor has not received any notice, whether written or oral, from any Governmental Authority of any revocation or intention to revoke any interest of the Vendor in any of the claims comprising the Gruvberget Project.
Interest in Mineral Rights. (a) The Kuya Assets represent all of Kuya’s material mineral interests and rights (including any material claims, concessions, exploration licences, exploitation licences, prospecting permits, mining leases and mining rights, in each case, either existing under contract, by operation of Law or otherwise). Other than the Kuya Assets, Kuya does not own or have any interest in any material mineral interests and rights;
(b) Kuya is the sole legal and beneficial owner of all right, title and interest in and to the Kuya Assets, free and clear of any Encumbrances, other than as set forth in the Bethania Share Purchase Agreement;
(c) the Kuya Assets are in good standing under applicable Laws and all work required to be performed and filed in respect thereof has been performed and filed, all Taxes, rentals, fees, expenditures and other payments in respect thereof have been paid or incurred and all filings in respect thereof have been made;
(d) there is no material adverse claim against or challenge to the title to or ownership of the Kuya Assets;
(e) Kuya has the exclusive right to deal with the Kuya Assets;
(f) other than rights of S & L Andes Export SAC to the Bethania Silver property as contemplated by the Bethania Share Purchase Agreement, no Person other than Kuya has any interest in the Kuya Assets or the production or profits therefrom or any royalty in respect thereof or any right to acquire any such interest;
(g) there are no options, back-in rights, earn-in rights, rights of first refusal or similar provisions or rights which would affect Kuya’s interest in the Kuya Assets;
(h) there are no material restrictions on the ability of Kuya to use, transfer or exploit the Kuya Assets, except pursuant to the applicable Law; and
(i) Kuya has not received any notice, whether written or oral, from any Government or any revocation or intention to revoke any interest of Kuya in any of the Kuya Assets.
Interest in Mineral Rights. Except as disclosed in Schedule 3.1(s) of the Xxxxxx Disclosure Letter, each of Xxxxxx, the Xxxxxx Subsidiaries and, to the knowledge of Xxxxxx, the Xxxxxx Significant Interest Companies has sufficient title, free and clear of any title defect or Liens, to its properties (other than property as to which it is a lessee, in which case it has a valid leasehold interest and no rents due thereunder are in default), and to its mineral interests and rights (including any claims, concessions, exploration licences, exploitation licences, prospecting permits, royalty interests, mining leases and mining rights), except such defects in title or Liens that, individually or in the aggregate, do not have and would not reasonably be expected to result in a Material Adverse Effect on Xxxxxx. All real and tangible personal property of the Xxxxxx and the Xxxxxx Subsidiaries is in generally good repair and is operational and usable in the manner in which it is currently being used, subject to normal wear and tear, repair or replacement in the ordinary course of business.
