Common use of Interest in Mineral Rights Clause in Contracts

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 such rights that would be required by Xxxxxxx to explore any of the Xxxxxxx Mineral Rights as contemplated in Xxxxxxx Public Documents filed (and available on SEDAR) on or before the date hereof. (I) Xxxxxxx has not received any notice, whether written or oral, from any Governmental Entity of any revocation or intention to revoke any interest of Xxxxxxx in any of the Xxxxxxx Mineral Rights.

Interest in Mineral Rights. (ia) All of Xxxxxxx’x mineral interests the material Mineral Rights held by the Offeror and rights with respect its subsidiaries (which for certainty are those relating to the Xxxxxxx Mineral PropertiesLalor mine, including any material mining claims, concessions, exploration licences, exploitation licences, prospecting permits, mining leases the 777 mine 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 Xxxxxxxxxx mine) (the “Xxxxxxx Offeror Mineral Rights”). Other than ) are accurately and completely described in the Xxxxxxx Mineral Rights set out Offeror Public Disclosure Record. (b) Except as disclosed in Schedule 3.1(lSection 3.19(b) 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 Offeror Disclosure Letter: (Ai) Xxxxxxx the Offeror or a subsidiary of the Offeror is the sole legal and beneficial owner of all right, title and interest in and to the Xxxxxxx Offeror Mineral Rights, free and clear of any Liens other than the Permitted Encumbrances.Liens; (Bii) All all of the Xxxxxxx Offeror Mineral Rights are valid and subsisting and have been properly located and recorded in compliance with applicable Law and are comprised of valid and subsisting mineral claims or mining leases.Law; (Ciii) The Xxxxxxx the Offeror Mineral Rights are in good standing under applicable Law and, to the knowledge of Xxxxxxxthe Offeror, all work required to be performed and filed in respect thereof has been performed and filed, all Taxes, claim maintenance fees, rentals, fees, expenditures expenditures, reclamation bonds and other payments in respect thereof have been paid or incurred and all filings in respect thereof have been made.; (Div) To the knowledge of Xxxxxxx, there is no material adverse claim against claim, or challenge material challenge, in progress, pending or, to the knowledge of the Offeror, threatened against, or to, the title to or ownership of any of the Xxxxxxx Offeror Mineral Rights., including any aboriginal and/or tribal title claims; (Ev) No Person the Offeror or a subsidiary of the Offeror has the exclusive right to deal with all of the Offeror Mineral Rights; (vi) no person other than Xxxxxxx the Offeror and its subsidiaries has any interest in any of the Xxxxxxx Offeror Mineral Rights or the production or profits therefrom or any royalty in respect thereof or any right to acquire any such interest.; (Fvii) There are no person has any back-in rights, earn-in rights, rights of first refusal or similar provisions or rights which or options that would affect Xxxxxxx’x the Offeror’s or a subsidiary of the Offeror’s interest in any of the Xxxxxxx Offeror Mineral Rights.; (Gviii) There each of the Offeror and its subsidiaries has (i) taken all necessary actions to preserve all material back-in rights, earn-in rights, rights of first refusal or similar provisions or rights or options in its favour and to ensure that such material rights, provisions and options remain in full force and effect and (ii) not taken any action or failed to take any action, where the taking of such action or failure to act, as the case may be, could reasonably be expected to adversely affect any such material rights, provisions or options; (ix) there are no material restrictions on the ability of Xxxxxxx the Offeror and its subsidiaries to use, transfer or exploit any of the Xxxxxxx Offeror Mineral Rights, except pursuant to the applicable Law.Law or the terms of the Offeror Mineral Rights; (Hx) 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 neither 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 such rights that would be required by Xxxxxxx to explore Offeror nor any of the Xxxxxxx Mineral Rights as contemplated in Xxxxxxx Public Documents filed (and available on SEDAR) on or before the date hereof. (I) Xxxxxxx has not received its subsidiaries is currently subject to any notice, whether written or oral, from any Governmental Entity Authority of any revocation or intention to revoke any interest of Xxxxxxx the Offeror or a subsidiary of the Offeror in any of the Xxxxxxx Offeror Mineral Rights; and (xi) the Offeror and its subsidiaries have all surface rights and Mineral Rights required to exploit the development potential of the Offeror Mineral Rights as contemplated in the Offeror’s Public Disclosure Record and no third party or group holds any such surface rights or Mineral Rights that would be required by the Offeror to so develop any of the Offeror Mineral Rights. (c) Any Mineral Rights which have been abandoned by the Offeror or any of its subsidiaries have been abandoned in accordance with then applicable good mining practice and in compliance with all then applicable Laws, and the Offeror does not have any plans or intentions to abandon any of the Offeror Mineral Rights necessary to conduct its business as currently contemplated to be conducted.

Interest in Mineral Rights. (ia) None of the Company or its Subsidiaries own any real property. (b) All of Xxxxxxx’x the Company's and its Subsidiaries' 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) (collectively, in each case, either existing under contract, by operation of Law, the "Company Mineral Rights") are set out in Schedule 3.1(l)of 4.13 of the Xxxxxxx Company Disclosure Letter (the “Xxxxxxx Mineral Rights”)Statement. Other than the Xxxxxxx Company Mineral Rights set out in Schedule 3.1(l) 4.13 of the Xxxxxxx Company Disclosure LetterStatement, Xxxxxxx does not own neither the Company nor its Subsidiaries, owns or have has any interest in any material mineral interestsinterests and rights. (iic) Other than Except as set out disclosed in Schedule 3.1(l) 4.13 of the Xxxxxxx Company Disclosure LetterStatement or as disclosed in the Mining Mandate: (Ai) Xxxxxxx the Company or a Subsidiary of the Company is the sole legal and beneficial owner of all right, title and interest in and to the Xxxxxxx Company Mineral Rights, free and clear of any Liens other than the Permitted Encumbrances.; (Bii) All all of the Xxxxxxx Company 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.claims; (Ciii) The Xxxxxxx the Company Mineral Rights are in good standing under applicable Law and, to the knowledge of Xxxxxxxthe Company, 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.; (Div) To there is no adverse claim, or challenge, in progress or, to the knowledge of Xxxxxxxthe Company, there is no material adverse claim against pending or challenge to threatened against, or to, the title to or ownership of any of the Xxxxxxx Company Mineral Rights.; (Ev) No Person the Company or a Subsidiary of the Company has the exclusive right to deal with all of the Company Mineral Rights; (vi) no person other than Xxxxxxx the Company and its Subsidiaries has any interest in any of the Xxxxxxx Company Mineral Rights or the production or profits therefrom or any royalty in respect thereof or any right to acquire any such interest.; (Fvii) There there are no back-in rights, earn-in rights, rights of first refusal or similar provisions or rights which would affect Xxxxxxx’x the Company's or a Subsidiary of the Company's interest in any of the Xxxxxxx Company Mineral Rights.; (Gviii) There there are no material restrictions on the ability of Xxxxxxx the Company and its Subsidiaries to use, transfer or exploit any of the Xxxxxxx Company Mineral Rights, except pursuant to the applicable Law.Law or the terms of the Company Mineral Rights; (Hix) Xxxxxxx neither the Company nor any of its Subsidiaries has received any notice, whether written or oral, from any Governmental Entity of any revocation or intention to revoke any interest of the Company or a Subsidiary of the Company in any of the Company Mineral Rights; and (x) the Company and its Subsidiaries have 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 Xxxxxxxthe Company and its Subsidiaries, and mineral interests that are required to explore exploit the Xxxxxxx development potential of the Company Mineral Rights as contemplated in Xxxxxxx the Company 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 Xxxxxxx the Company to explore develop any of the Xxxxxxx Company Mineral Rights as contemplated in Xxxxxxx Public Documents filed (and available on SEDAR) on or before the date hereofRights. (Id) Xxxxxxx has not received any notice, whether written None of the Company or oral, from any Governmental Entity of any revocation or intention to revoke any interest of Xxxxxxx in any of the Xxxxxxx Mineral Rightsits Subsidiaries has abandoned any mines.