Common use of Leased and Owned Premises Clause in Contracts

Leased and Owned Premises. (i) With respect to each of the Leased Premises, the Corporation or the Subsidiaries, as applicable, occupies the Leased Premises and has the right to occupy and use the Leased Premises and each of the leases pursuant to which the Corporation or the Subsidiaries occupies the Leased Premises is in good standing and in full force and effect, except where the failure to be in good standing or in full force and effect would not have a Material Adverse Effect. The completion of the transactions described herein by the Corporation will not afford any of the parties to such leases or any other person the right to terminate such lease or result in any additional or more onerous obligations under such leases. (ii) The Corporation and any real property (and the buildings constructed thereon) in which the Corporation and each Subsidiary has an ownership interest (the “Real Property”) and the operations thereon are, to the best of the Corporation’s knowledge, in substantial compliance with all material applicable Environmental Laws. None of such Real Property or operations is subject to any judicial or administrative proceeding alleging the violation of any Environmental Laws or is subject to any investigation concerning whether any remedial action is needed to respond to a release of any Hazardous Material into the environment.

Appears in 1 contract

Samples: Underwriting Agreement (Brigus Gold Corp.)

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Leased and Owned Premises. (i) With respect to each of the Leased Premises, the Corporation or the Subsidiaries, as applicable, occupies the Leased Premises and has the right to occupy and use the Leased Premises and each of the leases pursuant to which the Corporation or the Subsidiaries occupies the Leased Premises is in good standing and in full force and effect, except where the failure to be in good standing or in full force and effect would not have a Material Adverse Effect. The completion of the transactions described herein by the Corporation will not afford any of the parties to such leases or any other person the right to terminate such lease or result in any additional or more onerous obligations under such leases. (ii) The Corporation and any Any real property (and the buildings constructed thereon) in which the Corporation and each Subsidiary has an ownership interest (the “Real Property”) and the operations thereon are, to the best of the Corporation’s knowledge, in substantial compliance with all material applicable Environmental Laws. None of such Real Property or operations is subject to any judicial or administrative proceeding alleging the violation of any Environmental Laws or is subject to any investigation concerning whether any remedial action is needed to respond to a release of any Hazardous Material into the environment.

Appears in 1 contract

Samples: Underwriting Agreement (Apollo Gold Corp)

Leased and Owned Premises. (i) With respect to each of the Leased Premises, the Corporation or the Subsidiaries, as applicable, occupies the Leased Premises and has the exclusive right to occupy and use the Leased Premises and each of the leases pursuant to which the Corporation or the Subsidiaries occupies the Leased Premises is in good standing and in full force and effect, except where the failure to be in good standing or in full force and effect would not have a Material Adverse Effect. The completion of the transactions described herein by the Corporation will not afford any of the parties to such leases or any other person the right to terminate such lease or result in any additional or more onerous obligations under such leases. (ii) The Corporation and any Any real property (and the buildings constructed thereon) in which the Corporation and each Subsidiary has an ownership interest (the “Real Property”) and the operations thereon are, to the best of the Corporation’s knowledge, in substantial compliance with all material applicable Environmental Lawsfederal, provincial, state and municipal environmental, health and safety statutes, regulations and permits. None of such Real Property or operations is subject to any judicial or administrative proceeding alleging the violation of any Environmental Laws federal, provincial, state or municipal environmental, health or safety statute or regulation or is subject to any investigation concerning whether any remedial action is needed to respond to a release of any Hazardous Material (as defined in subparagraph (ee)(i) of this (Section 4) into the environment.

Appears in 1 contract

Samples: Agency Agreement (Apollo Gold Corp)

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Leased and Owned Premises. (i) With respect to each of the Leased Premises, the Corporation or the Subsidiaries, as applicable, occupies the Leased Premises and has the exclusive right to occupy and use the Leased Premises and each of the leases pursuant to which the Corporation or the Subsidiaries occupies the Leased Premises is in good standing and in full force and effect, except where the failure to be in good standing or in full force and effect would not have a Material Adverse Effect. The completion of the transactions described herein by the Corporation will not afford any of the parties to such leases or any other person the right to terminate such lease or result in any additional or more onerous obligations under such leases. (ii) The Corporation and any Any real property (and the buildings constructed thereon) in which the Corporation and each Subsidiary has an ownership interest (the “Real Property”) and the operations thereon are, to the best of the Corporation’s knowledge, in substantial compliance with all material applicable Environmental Laws. None of such Real Property or operations is subject to any judicial or administrative proceeding alleging the violation of any Environmental Laws or is subject to any investigation concerning whether any remedial action is needed to respond to a release of any Hazardous Material into the environment.

Appears in 1 contract

Samples: Underwriting Agreement (Apollo Gold Corp)

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