Common use of Interest in Properties Clause in Contracts

Interest in Properties. (i) Except as set out in Section 3.1(t) of the Exeter Disclosure Letter, according to the applicable Laws each of the Company and its subsidiaries is the sole legal and beneficial owner, and has valid and sufficient right, ownership, title and interest, duly registered if applicable, free and clear of any title defect or Lien: (i) to its mining or any other kind of concessions, claims, Permits and all other rights or goods relating in any manner whatsoever to the interest in, or exploration, prospecting or exploitation for minerals on its Exeter Properties, all of which have been accurately and completely set out in Section 3.1(t) of the Exeter Disclosure Letter and, in each case, as are necessary to perform the operation of its business as presently owned and conducted; (ii) to its real property interests including fee simple estate of and in real property, licences (from landowners and authorities permitting the use of land by the Company or any of its subsidiaries), leases, rights of way, occupancy rights, surface rights, mineral rights, mining concessions, easements and all other real property interests, and all its water rights, intellectual property, patents, movable goods, instruments, machinery and equipment, all of which have been identified completely and accurately in Section 3.1(t) of the Exeter Disclosure Letter, and, in each case, as are necessary to perform the operation of its business as presently owned and conducted; and (iii) to, or is entitled to the benefits of, all of its properties and assets of any nature whatsoever and to all benefits including all the properties (including, without limitation, the Material Property) and assets reflected in the balance sheet forming part of the Public Disclosure Record (collectively, the “Exeter Properties”), together with all additions thereto. The Exeter Properties are not subject to any Lien or defect in title of any kind except as is specifically identified in the balance sheets forming part of the Financial Statements and in the notes thereto. The Company and its subsidiaries are not aware of any facts or circumstances which might limit, affect or prejudice their ownership rights over the Exeter Properties. Furthermore, the Company’s Chilean subsidiaries that are Chilean contractual mining companies, since their incorporation and during all the time that have been organized as a contractual mining companies in Chile have been owner of one or more mining concessions in Chile according to Applicable Law.

Appears in 4 contracts

Samples: Arrangement Agreement (Exeter Resource Corp), Support Agreement (Goldcorp Inc), Support Agreement (Goldcorp Inc)

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Interest in Properties. (ia) Except as set out in Section 3.1(t) of the Exeter Disclosure Letter, according to the applicable Laws each of the Company and its subsidiaries is the sole legal and beneficial ownerCompany Subsidiary owns, possesses or has obtained, and is in compliance with, all licences, permits, certificates, orders, grants and other authorizations of or from any Regulatory Authority necessary to conduct its businesses relating to its properties as currently contemplated by it. Each of the Company and the Company Subsidiary has valid and sufficient right, ownership, title and interest, duly registered if applicable, free and clear of any title defect or LienEncumbrance: (i) to its mining or any other kind of permits, concessions, claims, Permits and all leases, licences, permits or other rights or goods relating in any manner whatsoever to the interest in, or exploration, prospecting or exploitation explore for minerals on its Exeter Propertiesproperties (other than property to which it is lessee, in which case it has a valid leasehold interest), all of which have been accurately and completely set out in Section 3.1(t) of the Exeter Disclosure Letter Letter, subject to such permits and licences being renewed and updated on an ongoing basis in accordance with their terms and, in each case, as are necessary to perform the operation of its business their respective businesses as presently owned and conducted; (ii) to its real property interests interests, free and clear of any title defect or Encumbrance, including fee simple estate of and in real property, licences (from landowners and authorities permitting the use of land by the Company or any of its subsidiariesthe Company Subsidiary, as the case may be), leases, rights of way, occupancy rights, surface rights, mineral rights, mining concessions, easements and all or other real property interests, and all its water rights, intellectual property, patents, movable goods, instruments, machinery and equipment, all of which have been identified completely and accurately in Section 3.1(t) of the Exeter Disclosure Letter, and, in each case, as are necessary to perform the operation of its business their respective businesses as presently owned and conducted; and or (iii) to, or is entitled to the benefits of, all of its properties and assets of any nature whatsoever (real and to all benefits personal, tangible and intangible, including leasehold interests) including all the properties (including, without limitation, the Material Property) and assets reflected in the balance sheet forming part of the Company Public Disclosure Record Documents (collectively, the “Exeter "Company Properties"), except as indicated in the notes thereto or the Disclosure Letter, together with all additions thereto. The Exeter Properties thereto and less all dispositions thereof in the ordinary course of business consistent with past practice, and such properties and assets are not subject to any Lien Encumbrance or defect in title of any kind except as is specifically identified reflected in the balance sheets forming part of the Financial Statements such financial statements and in the notes thereto. The Company and its subsidiaries are , except where the failure to have such title, or the existence of such Encumbrance or defects in title, individually or in the aggregate, does not aware constitute a Material Adverse Effect in respect of any facts or circumstances which might limit, affect or prejudice their ownership rights over the Exeter Properties. Furthermore, the Company’s Chilean subsidiaries that are Chilean contractual mining companies, since their incorporation and during all the time that have been organized as a contractual mining companies in Chile have been owner of one or more mining concessions in Chile according to Applicable Law.

Appears in 2 contracts

Samples: Acquisition Agreement (New Gold Inc. /FI), Acquisition Agreement (New Gold Inc. /FI)

Interest in Properties. (i) Except as set out in Section 3.1(t) of the Exeter Disclosure Letter, according to the applicable Laws each Each of the Company and its subsidiaries is the sole legal and beneficial owner, and has valid and sufficient right, ownership, title and interest, duly registered if applicable, interest free and clear of any title defect or Lien: Lien (iother than Permitted Liens) in and to the following (collectively, the "Company Properties"): (A) its unpatented and patented lode mining or any other kind of concessions, claims, Permits leases and licences of any nature whatsoever and all other rights or goods relating in any manner whatsoever to the interest in, or exploration, prospecting or exploitation exploration for minerals on its Exeter on, the Company Properties, all of which have been accurately and completely set out identified in Section 3.1(t3.1(w)(i) of the Exeter Company Disclosure Letter Letter, and, in each case, as are necessary to perform the operation operations of the Company and each of its business subsidiaries businesses as presently owned and conducted; (iiB) to its real property interests of any nature whatsoever including fee simple estate of and in real property, licences (from landowners and authorities permitting the use of land by the Company or any of its subsidiaries), leases, rights of way, occupancy rights, surface rights, mineral rights, mining concessions, easements and all other real property interests, and all its water rights, intellectual property, patents, movable goods, instruments, machinery and equipment, all of which have been accurately identified completely and accurately in Section 3.1(t3.1(w)(i) of the Exeter Company Disclosure Letter, and, in each case, as are necessary to perform the operation operations of its business as presently owned and conducted; and (iiiC) to, or is entitled to the benefits of, all of its properties and assets of any nature whatsoever and to all benefits derived therefrom and mineral rights, including all the properties (including, without limitation, the Company Material PropertyProperties) and assets reflected in the balance sheet forming part of the Company Public Disclosure Record (collectivelyRecord, the “Exeter Properties”), together with all additions thereto. The Exeter Properties are not in each case subject to any Lien or defect in title the terms of any kind except as is specifically Contracts governing the Company Properties identified in the balance sheets forming part Section 3.1(w) of the Financial Statements and in the notes thereto. The Company and its subsidiaries are not aware of any facts or circumstances which might limit, affect or prejudice their ownership rights over the Exeter Properties. Furthermore, the Company’s Chilean subsidiaries that are Chilean contractual mining companies, since their incorporation and during all the time that have been organized as a contractual mining companies in Chile have been owner of one or more mining concessions in Chile according to Applicable Law.Disclosure Letter;

Appears in 2 contracts

Samples: Arrangement Agreement (Integra Resources Corp.), Arrangement Agreement (Integra Resources Corp.)

Interest in Properties. (i) Except as set out in Section 3.1(t) of the Exeter Disclosure Letter, according to the applicable Laws each Each of the Company and its subsidiaries is the sole legal and beneficial owner, and has valid and sufficient right, ownership, title and interest, duly registered if applicable, interest free and clear of any title defect or Lien: Lien (iother than Permitted Liens): (A) to its mining or any other kind of Permits, concessions, claims, Permits leases, licences, options of any nature whatsoever and all other rights or goods relating in any manner whatsoever to the interest in, or exploration, prospecting or exploitation exploration for minerals on its Exeter the Company Properties, all of which have been accurately and completely set out in Section 3.1(t3.1(v)(i) of the Exeter Company Disclosure Letter and, in each case, as are necessary to perform the operation operations of the Company and each of its business subsidiaries businesses as presently owned and conducted and as contemplated to be conducted; (iiB) to its real property interests of any nature whatsoever including fee simple estate of and in real property, licences (from landowners and authorities permitting the use of land by the Company or any of its subsidiaries), leases, options, rights of way, occupancy rights, surface rights, mineral rights, mining concessionseasements, water rights, water permits, well permits, ditch rights, pipeline easements and rights of way and all other real property interests, and all its water rights, intellectual property, patents, movable goods, instruments, machinery and equipment, all of which have been identified completely and accurately in Section 3.1(t3.1(v) of the Exeter Company Disclosure Letter, and, in each case, as are necessary to perform the operation operations of its business as presently owned and conducted and contemplated to be conducted; and (iiiC) to, or is entitled to the benefits of, all of its properties and assets of any nature whatsoever and to all benefits derived therefrom and surface and mineral rights including all the properties (including, without limitation, the Company Material Property) and assets reflected in the balance sheet forming part of the Company Public Disclosure Record (collectively, the “Exeter Company Properties”), together with all additions thereto. The Exeter Properties are not subject to any Lien or defect in title of any kind except as is specifically identified in the balance sheets forming part of the Financial Statements and in the notes thereto. The Company and its subsidiaries are not aware of any facts or circumstances which might limit, affect or prejudice their ownership rights over the Exeter Properties. Furthermore, the Company’s Chilean subsidiaries that are Chilean contractual mining companies, since their incorporation and during all the time that have been organized as a contractual mining companies in Chile have been owner of one or more mining concessions in Chile according to Applicable Law.

Appears in 1 contract

Samples: Arrangement Agreement

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Interest in Properties. (i) Except as set out in Section 3.1(t) Subject to the paramount title of the Exeter Disclosure LetterUnited States in and to any unpatented mining claims, according and subject to the applicable Laws paramount title of the State of New Mexico in and to any leases with the State of New Mexico, each of the Company and its subsidiaries is holds the sole legal and beneficial ownerinterest, and has valid and sufficient right, ownership, title and interest, duly registered if applicable, interest free and clear of any title defect or Lien: Lien (iother than Permitted Liens) in and to the following (collectively, the “Company Properties”): (A) its mining or any other kind of concessions, claims, Permits leases and licences of any nature whatsoever and all other rights or goods relating in any manner whatsoever to the interest in, or exploration, prospecting or exploitation exploration for minerals on its Exeter Propertieson, the mineral properties (including, without limitation, the Company Material Property), all of which have been accurately and completely set out identified in Section 3.1(tSchedule 3.1(w)(i) of the Exeter Company Disclosure Letter Letter, and, in each case, as are necessary to perform the operation operations of the Company and each of its business subsidiaries businesses as presently owned and conducted; (iiB) to its real property interests of any nature whatsoever including fee simple estate of and in real property, licences (from landowners and authorities permitting the use of land by the Company or any of its subsidiaries), leases, rights of way, occupancy rights, surface rights, mineral rights, mining concessions, easements and all other real property interests, and all its water rights, intellectual property, patents, movable goods, instruments, machinery and equipment, interests all of which have been accurately identified completely and accurately in Section 3.1(tSchedule 3.1(w)(i) of the Exeter Company Disclosure Letter, and, in each case, as are necessary to perform the operation operations of its business as presently owned and conducted; and (iiiC) to, or is entitled to other than as set forth in Schedule 3.1(w)(i) of the benefits ofCompany Disclosure Letter, all of its properties properties, mineral rights and assets of any nature whatsoever and to all benefits derived therefrom and mineral rights including all the properties (including, without limitation, the Company Material Property) and assets reflected in on the most recent balance sheet forming part of the Company Public Disclosure Record (collectivelyRecord, the “Exeter Properties”), together with all additions thereto. The Exeter Properties are not in each case subject to any Lien or defect in title the terms of any kind except as is specifically Agreements governing the Company Properties identified in the balance sheets forming part Schedule 3.1(w)(i) of the Financial Statements and in the notes thereto. The Company and its subsidiaries are not aware of any facts or circumstances which might limit, affect or prejudice their ownership rights over the Exeter Properties. Furthermore, the Company’s Chilean subsidiaries that are Chilean contractual mining companies, since their incorporation and during all the time that have been organized as a contractual mining companies in Chile have been owner of one or more mining concessions in Chile according to Applicable LawDisclosure Letter.

Appears in 1 contract

Samples: Arrangement Agreement

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