Common use of Method of Assignment Clause in Contracts

Method of Assignment. (a) Each Assignment made pursuant to this Master Agreement shall be made by the Assignor to the Assignees by remittance of an Assignment Form to the Security Agent on each date of Assignment in accordance with Clause 3.2 (Date of Assignment). Each Assignment Form shall (i) list and clearly identify the relevant Assigned Receivables and incorporate all of the specific requirements of the Law and all regulations in force relating thereto, (ii) be signed by a legally authorised representative of the Assignor and (iii) set out the Assignees as beneficiaries and set out the respective proportion of the benefit taken by each Assignee. (b) The Security Agent shall, on its reasonable judgement or after consultation of the Assignees, be entitled to reject any Assignment Form to the extent that such Assignment Form does not comply with the provisions of this Master Agreement or the Law. Immediately upon notice thereof by the Security Agent to the Assignor, the Assignor undertakes to replace the relevant Assignment Form by delivery of a new Assignment Form, which shall be acceptable to the Security Agent, acting reasonably, after consultation of the Assignees. (c) Where any new Assignment Form (the “New Assignment Form”) delivered by the Assignor relates to Receivables which have already been assigned (the “Re-assigned Receivables”) under any Assignment Form previously delivered by that Assignor (i) the Re-assigned Receivables shall not be deemed assigned under any New Assignment Form and shall not be included in the scope of any new Assignment granted by virtue of the New Assignment Form with respect to any outstanding Drawings of the Assignor already secured by such Re-assigned Receivables but (ii) provided any Drawing to which were previously assigned the Re-assigned Receivables is no longer outstanding, the Re-assigned Receivables shall be deemed assigned under the relevant New Assignment Form and shall be included in the scope of any new Assignment granted by virtue of the New Assignment Form with respect to any new Drawings of the Assignor.

Method of Assignment. (a) Each Assignment made or to be made pursuant to this Master Agreement shall be made by the Assignor to the Assignees Assignees, represented by the Security Agent, by remittance of an Assignment Form Deed to the Security Agent on each date of Assignment in accordance with Clause 3.2 (Date of Assignment)3.2. Each Assignment Form Deed shall (i) list and clearly identify the relevant Assigned Receivables and incorporate all of the specific requirements of the Law and all regulations in force relating thereto, (ii) be signed by a legally duly authorised representative of the Assignor Assignor, the power and authority of which, together with a specimen of signature, shall have been communicated in advance to the Security Agent and (iii) set out the Assignees as beneficiaries and set out beneficiaries. Notwithstanding the respective proportion above, where the Assignment of the benefit taken Assigned Receivables is to be accompanied by each Assigneethe delivery of a floppy disk, CD-Rom or magnetic tape, the relevant Assignment Form shall only mention the details of the first and last Assigned Receivables listed on floppy disk, CD-Rom or magnetic tape and such on floppy disk, CD-Rom or magnetic tape shall contain a readable list of the Assigned Receivables specifying the name of the Assigned Debtors, the invoice numbers, the places of payment, the amounts payable and the due dates. (b) The Security Agent shall, on in its reasonable judgement judgment or after consultation of the Assignees, be entitled to reject any Assignment Form Deed to the extent that such Assignment Form Deed does not comply with the provisions of this Master Agreement or the Law. Immediately upon notice thereof by the Security Agent to the Assignor, the Assignor undertakes to replace the relevant Assignment Form Deed by delivery of a new Assignment FormDeed, which shall be acceptable to the Security Agent, acting reasonably, after consultation of the Assignees. (c) Where any new Each Assignment Form (the “New Assignment Form”) Deed shall be delivered by the Assignor relates to Receivables the Security Agent who shall hold such Assignment Deed on behalf of the Assignees and shall ascertain the date thereof. Each Assignee hereby appoints the Security Agent, which have already been assigned (the “Re-assigned Receivables”) under any Assignment Form previously delivered by that Assignor hereby accepts, to (i) be the Re-assigned Receivables shall not be deemed assigned under any New addressee of each Assignment Form and shall not be included in the scope of any new Assignment granted Deed remitted by virtue of the New Assignment Form with respect to any outstanding Drawings of the Assignor already secured by such Re-assigned Receivables but pursuant to this Master Agreement, (ii) provided any Drawing to ascertain the date of each Assignment Deed as the date on which were previously assigned the Re-assigned Receivables Assignment Deed is no longer outstandingremitted by the Assignor, and (iii) hold each such Assignment Deed on its behalf. (d) Upon the reasonable request of the Security Agent, the Re-Assignor shall confirm the assignment of any Eligible Receivable assigned Receivables shall be deemed assigned under by the Assignor to the Assignees pursuant to this Agreement and not repaid in full by the relevant New Assignment Form Debtor thereof, by giving the information on any such Eligible Receivable as are sufficient for the purposes of identifying any such Eligible Receivable and shall be included in evidencing the scope of any new Assignment granted by virtue rights of the New Assignment Form with respect Assignees to any new Drawings such Eligible Receivable, at the satisfaction of the AssignorSecurity Agent (acting reasonably) in each instance.

Method of Assignment. (a) Each Assignment made pursuant to this Master Agreement shall be made by the Assignor to the Assignees by remittance of an Assignment Form to the Security Agent on each date of Assignment in accordance with Clause 3.2 (Date of Assignment). Each Assignment Form shall (i) list and clearly identify the relevant Assigned Receivables and incorporate all of the specific requirements of the Law and all regulations in force relating thereto, (ii) be signed by a legally authorised representative of the Assignor and (iii) set out the Assignees as beneficiaries and set out the respective proportion of the benefit taken by each Assignee. (b) The Security Agent shall, on its reasonable judgement or after consultation of the Assignees, be entitled to reject any Assignment Form to the extent that such Assignment Form does not comply with the provisions of this Master Agreement or the Law. Immediately upon notice thereof by the Security Agent to the Assignor, the Assignor undertakes to replace the relevant Assignment Form by delivery of a new Assignment Form, which shall be acceptable to the Security Agent, acting reasonably, after consultation of the Assignees. (c) Where any new Assignment Form (the “New Assignment Form”) delivered by the Assignor relates to Receivables which have already been assigned (the “Re-assigned Receivables”) under any Assignment Form previously delivered by that Assignor (i) the Re-assigned Receivables shall not be deemed assigned under any New Assignment Form and shall not be included in the scope of any new Assignment granted by virtue of the New Assignment Form with respect to any outstanding Drawings of the Assignor already secured by such Re-assigned Receivables but (ii) provided any Drawing to which were previously assigned the Re-assigned Receivables is no longer outstanding, the Re-assigned Receivables shall be deemed assigned under the relevant New Assignment Form and shall be included in the scope of any new Assignment granted by virtue of the New Assignment Form with respect to any new Drawings of the Assignor. (d) Each Assignment Form shall be delivered by the Assignor to the Security Agent who shall hold such Assignment Form on behalf of the Assignees and shall ascertain the date thereof. Each Assignee hereby appoints the Security Agent, which hereby accepts, to (i) be the addressee of each Assignment Form remitted by the Assignor pursuant to this Master Agreement, (ii) ascertain the date of each Assignment Form as the date on which the Assignment Form is remitted by the Assignor, and (iii) hold each such Assignment Form on its behalf.

Method of Assignment. (a) Each Assignment made pursuant During the Option Period, the Optionors shall not sell, transfer, assign, mortgage, pledge or otherwise encumber all or any part of their interest in this Agreement or their right or interest in the Option, Underlying Agreements, Owned Claims, or Water Rights and Appurtenances (if any) without the prior written consent of the Optionee, such consent not to be unreasonably withheld, provided that any such sale, transfer, assignment, mortgage, pledge or other encumbrances shall be subject and subordinate in all respects to this Master Option Agreement, and further provided that either the Optionors or the Optionee will be permitted to assign this Agreement shall to an “Affiliate,” as that term is defined in the Business Corporations Act (British Columbia). Any purchaser, grantee, assignee, transferee, mortgagee, pledgee or other holder of any interest assigned or encumbered by either the Optionors or Optionee will be made by the Assignor required to execute and deliver to the Assignees by remittance of an Assignment Form Optionors and the Optionee its agreement related to this Agreement and to the Security Agent on each date of Assignment in accordance with Clause 3.2 (Date of Assignment). Each Assignment Form shall Property, containing: (i) list a covenant to be bound by, and clearly identify to perform all the relevant Assigned Receivables and incorporate all obligations of the specific requirements assigning party to be performed under this Agreement in respect of the Law interest to be acquired by it therefrom to the same extent as if this Agreement had been originally executed by such party and all regulations in force relating theretothe Optionors or Optionee, and the case may be, as joint and several obligors making joint and several covenants; and (ii) be signed by a legally authorised representative provision subjecting any further sale, transfer, assignment, mortgage, pledge or other encumbrance of such interest or any portion thereof to the Assignor and (iii) set out the Assignees as beneficiaries and set out the respective proportion of the benefit taken by each Assigneerestrictions contained in this Section. (b) The Security Agent shallNo assignment of any interest less than its entire interest in this Agreement, on the Owned Claims, or Water Rights and Appurtenances will discharge an assigning party from any of its reasonable judgement or after consultation of obligations hereunder, but upon the Assigneesassignment by a party, be entitled consented to reject any Assignment Form by the other party as and to the extent that required by this Section, of the entire interest at the time held by it in this Agreement (whether to one or more assignees and whether in one or in a number of successive assignments), such Assignment Form does not comply with assigning party or parties will be deemed to be discharged from all obligations hereunder save and except for the provisions fulfillment of this Master Agreement or the Law. Immediately upon notice thereof by the Security Agent contractual commitments accrued due prior to the Assignor, date on which the Assignor undertakes to replace assigning party completes the relevant Assignment Form by delivery transfer of a new Assignment Form, which shall be acceptable to the Security Agent, acting reasonably, after consultation of the Assigneesits entire interest. (c) Where any new Assignment Form (the “New Assignment Form”) delivered by the Assignor relates to Receivables which have already been assigned (the “Re-assigned Receivables”) under any Assignment Form previously delivered by that Assignor (i) the Re-assigned Receivables shall not be deemed assigned under any New Assignment Form and shall not be included in the scope of any new Assignment granted by virtue of the New Assignment Form with respect to any outstanding Drawings of the Assignor already secured by such Re-assigned Receivables but (ii) provided any Drawing to which were previously assigned the Re-assigned Receivables is no longer outstanding, the Re-assigned Receivables shall be deemed assigned under the relevant New Assignment Form and shall be included in the scope of any new Assignment granted by virtue of the New Assignment Form with respect to any new Drawings of the Assignor.

Method of Assignment. (a) Each Assignment made pursuant During the Option Period, the Optionors shall not sell, transfer, assign, mortgage, pledge or otherwise encumber all or any part of their interest in this Agreement or their right or interest in the Option, Underlying Agreements, Property, or Water Rights and Appurtenances (if any) without the prior written consent of the Optionee, such consent not to be unreasonably withheld, provided that any such sale, transfer, assignment, mortgage, pledge or other encumbrances shall be subject and subordinate in all respects to this Master Option Agreement, and further provided that either the Optionors or the Optionee will be permitted to assign this Agreement shall to an “Affiliate,” as that term is defined in the Business Corporations Act (British Columbia). Any purchaser, grantee, assignee, transferee, mortgagee, pledgee or other holder of any interest assigned or encumbered by either the Optionors or Optionee will be made by the Assignor required to execute and deliver to the Assignees by remittance of an Assignment Form Optionors and the Optionee its agreement related to this Agreement and to the Security Agent on each date of Assignment in accordance with Clause 3.2 (Date of Assignment). Each Assignment Form shall Property, containing: (i) list a covenant to be bound by, and clearly identify to perform all the relevant Assigned Receivables and incorporate all obligations of the specific requirements assigning party to be performed under this Agreement in respect of the Law interest to be acquired by it therefrom to the same extent as if this Agreement had been originally executed by such party and all regulations in force relating theretothe Optionors or Optionee, and the case may be, as joint and several obligors making joint and several covenants; and (ii) be signed by a legally authorised representative provision subjecting any further sale, transfer, assignment, mortgage, pledge or other encumbrance of such interest or any portion thereof to the Assignor and (iii) set out the Assignees as beneficiaries and set out the respective proportion of the benefit taken by each Assigneerestrictions contained in this Section. (b) The Security Agent shallNo assignment of any interest less than its entire interest in this Agreement, on the Property, or Water Rights and Appurtenances will discharge an assigning party from any of its reasonable judgement or after consultation of obligations hereunder, but upon the Assigneesassignment by a party, be entitled consented to reject any Assignment Form by the other party as and to the extent that required by this Section, of the entire interest at the time held by it in this Agreement (whether to one or more assignees and whether in one or in a number of successive assignments), such Assignment Form does not comply with assigning party or parties will be deemed to be discharged from all obligations hereunder save and except for the provisions fulfillment of this Master Agreement or the Law. Immediately upon notice thereof by the Security Agent contractual commitments accrued due prior to the Assignor, date on which the Assignor undertakes to replace assigning party completes the relevant Assignment Form by delivery transfer of a new Assignment Form, which shall be acceptable to the Security Agent, acting reasonably, after consultation of the Assigneesits entire interest. (c) Where any new Assignment Form (the “New Assignment Form”) delivered by the Assignor relates to Receivables which have already been assigned (the “Re-assigned Receivables”) under any Assignment Form previously delivered by that Assignor (i) the Re-assigned Receivables shall not be deemed assigned under any New Assignment Form and shall not be included in the scope of any new Assignment granted by virtue of the New Assignment Form with respect to any outstanding Drawings of the Assignor already secured by such Re-assigned Receivables but (ii) provided any Drawing to which were previously assigned the Re-assigned Receivables is no longer outstanding, the Re-assigned Receivables shall be deemed assigned under the relevant New Assignment Form and shall be included in the scope of any new Assignment granted by virtue of the New Assignment Form with respect to any new Drawings of the Assignor.