Common use of Leases and Leased Property Clause in Contracts

Leases and Leased Property. (a) Neither Silvermex nor any Silvermex Subsidiary is a party to or bound by or subject to nor has Silvermex or any Silvermex Subsidiary agreed or become bound to enter into, any real or personal property lease, sublease or other right of occupancy relating to real property, whether as lessor or lessee, except for the Leases set forth and described in Schedule 3.1.21 of the Silvermex Disclosure Letter, copies of which have been provided to First Majestic prior to the date hereof. Silvermex or the Silvermex Subsidiaries, as applicable, occupies and has the exclusive right to occupy and use all immovable Leased Property and has the exclusive right to use all movable Leased Property. (b) Each of the Leases is valid and subsisting and in good standing, all rental and other payments required to be paid by Silvermex or any Silvermex Subsidiary as lessee or sublessee and due and payable pursuant to the Leases have been duly paid to date and neither Silvermex nor any Silvermex Subsidiary is otherwise in default in meeting its obligations under any of the Leases and is entitled to all rights and benefits thereunder. No event exists which, but for the passing of time or the giving of notice, or both, would constitute a default by Silvermex or any Silvermex Subsidiary or, to the knowledge of Silvermex, any other party to any Lease and no party to any Lease is claiming any such default or taking any action purportedly based upon any such default.

Appears in 3 contracts

Samples: Arrangement Agreement (Silvermex Resources Inc), Arrangement Agreement (Silvermex Resources Inc), Memorandum of Agreement (First Majestic Silver Corp)

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Leases and Leased Property. (a) Neither Silvermex SilverCrest nor any Silvermex SilverCrest Subsidiary is a party to or bound by or subject to nor has Silvermex SilverCrest or any Silvermex SilverCrest Subsidiary agreed or become bound to enter into, any real or personal property lease, lease or sublease or other right of occupancy relating to real property, whether as lessor or lessee, except for the Leases set forth and described in Schedule 3.1.21 3.1.23 of the Silvermex SilverCrest Disclosure Letter, copies of which have been provided to First Majestic prior to the date hereof. Silvermex SilverCrest or the Silvermex SilverCrest Subsidiaries, as applicable, occupies and has the exclusive right to occupy and use all immovable Leased Property and has the exclusive right to use all movable Leased Property. (b) Each of the Leases is valid and subsisting and in good standing, all rental and other payments required to be paid by Silvermex SilverCrest or any Silvermex SilverCrest Subsidiary as lessee or sublessee and due and payable pursuant to the Leases have been duly paid to date and neither Silvermex SilverCrest nor any Silvermex SilverCrest Subsidiary is otherwise in default in meeting its obligations under any of the Leases and is entitled to all rights and benefits thereunder. No event exists which, but for the passing of time or the giving of notice, or both, would constitute a default by Silvermex SilverCrest or any Silvermex SilverCrest Subsidiary or, to the knowledge of SilvermexSilverCrest, any other party to any Lease and no party to any Lease is claiming any such default or taking any action purportedly based upon any such default.

Appears in 2 contracts

Samples: Arrangement Agreement (Silvercrest Mines Inc), Arrangement Agreement (First Majestic Silver Corp)

Leases and Leased Property. (a) Neither Silvermex Primero nor any Silvermex Primero Subsidiary is a party to or bound by or subject to nor has Silvermex Primero or any Silvermex Primero Subsidiary agreed or become bound to enter into, any real or personal property lease, lease or sublease or other right of occupancy relating to real property, whether as lessor or lessee, except for the Leases set forth and described in Schedule 3.1.21 of the Silvermex Primero Disclosure Letter, true and complete copies of which have been provided to First Majestic prior to the date hereof. Silvermex Except as disclosed in the Leases, Primero or the Silvermex Primero Subsidiaries, as applicable, occupies and has the exclusive right to occupy and use all immovable Leased Property and has the exclusive right to use all movable Leased Property. (b) Each of the Leases is valid and subsisting and in good standing, all rental and other payments required to be paid by Silvermex Primero or any Silvermex Primero Subsidiary as lessee or sublessee and due and payable pursuant to the Leases have been duly paid to date and neither Silvermex Primero nor any Silvermex Primero Subsidiary is otherwise in default in meeting any material resect of its obligations under any of the Leases and is entitled to all rights and benefits thereunderLeases. No event exists which, but for the passing of time or the giving of notice, or both, would constitute a default by Silvermex Primero or any Silvermex Primero Subsidiary or, to the knowledge of SilvermexPrimero, any other party to any Lease and no neither Primero nor any Primero Subsidiary has received written notice from any other party to any the Lease is claiming any such default by Primero or a Primero Subsidiary that remains outstanding or taking any action purportedly based upon any such default.

Appears in 2 contracts

Samples: Arrangement Agreement (Primero Mining Corp), Arrangement Agreement (First Majestic Silver Corp)

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Leases and Leased Property. (a) Neither Silvermex Normabec nor any Silvermex Normabec Subsidiary is a party to or bound by or subject to nor has Silvermex Normabec or any Silvermex Normabec Subsidiary agreed or become bound to enter into, any real or personal property lease, sublease or other right of occupancy relating to real property, whether as lessor or lessee, except for the Leases set forth and described in Schedule 3.1.21 Section 3.1.19 of the Silvermex Normabec Disclosure LetterSchedule, copies of which have been provided to First Majestic prior to the date hereof. Silvermex Normabec or the Silvermex Normabec Subsidiaries, as applicable, occupies and has the exclusive right to occupy and use all immovable Leased Property and has the exclusive right to use all movable Leased Property. (b) Each Except as set forth in Section 3.1.19 of the Normabec Disclosure Schedule, each of the Leases is valid and subsisting and in good standing, all rental and other payments required to be paid by Silvermex Normabec or any Silvermex Normabec Subsidiary as lessee or sublessee and due and payable pursuant to the Leases have been duly paid to date and neither Silvermex Normabec nor any Silvermex Normabec Subsidiary is otherwise in default in meeting its obligations under any of the Leases and is entitled to all rights and benefits thereunder. No event exists which, but for the passing of time or the giving of notice, or both, would constitute a default by Silvermex Normabec or any Silvermex Normabec Subsidiary or, to the knowledge of SilvermexNormabec, any other party to any Lease and no party to any Lease is claiming any such default or taking any action purportedly based upon any such default.

Appears in 1 contract

Samples: Arrangement Agreement (First Majestic Silver Corp)

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