Mining Properties Sample Clauses

Mining Properties. The Mining Properties have been validly granted to and registered in the name of the Borrower, are owned by the Borrower and are in full force and effect and in good standing. Except as set forth in Section 3.7 of the Disclosure Schedule, no Person other than the Borrower and, to the extent provided in the Security Documents, the Administrative Agent, has any right, title or interest in, to or under the Mining Properties or in the property and rights encompassed thereby other than Permitted Liens. Taken as a whole, the Mining Properties are sufficient in duration, scope, content and effect to permit the Borrower to conduct all activities contemplated in the Feasibility Study to be conducted by it over the time periods specified therein.

Mining Properties. Neither the Company nor any of its ----------------- Subsidiaries own any real property or mining interests except as set forth on Schedule 3.8. Set forth on Schedule 3.8 is a complete list of all contracts and permits which represent Global Diamond-SA's and Nabas Diamond's mining properties and interests ("Mining Contracts"). Each of the Mining Contracts is legal, binding and enforceable, is in full force and effect, and grants to the Company or its Subsidiaries, as the case may be, the exclusive right to mine the property interest demised thereunder, except as expressly limited by the terms of the respective Mining Contract and applicable South African law. Except as set forth in the SEC Reports, none of the Mining Contracts will expire or be terminated or be subject to any modification of terms or conditions upon the consummation of the transactions contemplated by this Agreement. All amounts due and payable by the Company or its Subsidiaries under the Mining Contracts have been fully paid. There are no actual or, to the knowledge of the Company, threatened expropriations, interdicts or xxxx proclamations relating to the premises covered by the Mining Contracts, and no claims for restitution of land rights have been lodged under the South African Restitution of Lands Rights Act 20 of 1994 in relation to the premises covered by the Mining Contracts. Nabas Diamonds has all necessary statutory consents to prospect in that area of the Richtersveld National Park covered by the prospecting permit therefor and it has obtained a Section 51(3) permission in terms of the Rural Areas Act 9 of 1987 to prospect in the area covered by the Grasdrif prospecting permit. Except as set forth in the SEC Reports, neither Global Diamond-SA nor Nabas Diamonds is in default in any material respect under the terms of any Mining Contract nor has any event occurred which, with the passage of time or giving of notice, would constitute such a default by Global Diamond-SA or Nabas Diamonds and, to the Company's knowledge, no other party to any such Mining Contract is in default in any material respect thereunder nor has any such event occurred with respect to such party. The Company or its Subsidiaries, as the case may be, has good and valid title to each of the mining interests demised under the Mining Contracts free and clear of any liens or encumbrances, except those set forth in the Mining Contracts and applicable South African law. Except as provided in the SEC Reports, since J...

Mining Properties. (a) Schedule C attached hereto sets out all of the mining properties that comprise the La Libertad Mine (the “Properties”). Except as specified in Schedule C, Desminic is the holder of record of, and is the owner of a 100% undivided beneficial interest in and to its right, title and interest in, all of the Properties, free and clear of all Encumbrances, other than the Permitted Encumbrances. (b) There are no adverse interests or options to acquire or purchase the Properties or any portion thereof or any right, title or interest therein. No Person has any proprietary or possessory interest in such mining properties other than Desminic and subject only to the rights of any Governmental Authority having jurisdiction and as described in Schedule G attached hereto, no Person is entitled to any royalty or other payment in the nature of rent or royalty on any minerals, metals or concentrates or any other such products removed or produced from such mining properties. (c) Desminic has all necessary rights of entry and exit to and from the Properties and the surfaces thereof to carry out all necessary mining operations on such mining properties. (d) Except for those notices previously disclosed to the Buyer (including the notice in respect of environmental obligations pending from 2005), to the knowledge of the Seller, Desminic has not received any notice from any Governmental Authority alleging that it or any of its predecessors in interests in respect of the Properties has violated or is violating in any material respect any Environmental Law to which such mining properties are subject. (e) To the knowledge of the Seller, the Properties are in good standing in all material respects with respect to the performance of all material obligations required under Applicable Law (including, without limitation, the payment of all maintenance costs, the performance of all minimum assessment work and the filing of reports with respect to minimum assessment work) and the condition of such mining properties is in material compliance with all Applicable Laws and all Orders of all Governmental Authorities having jurisdiction, including in respect of any material Environmental liability related to or arising out of such mining properties.

Mining Properties. The Mining Properties and the Minerals on such Mining Properties are, to the best of the Borrower's knowledge, having made due and diligent inquiry, held under valid, subsisting and enforceable title documents sufficient to permit the Loan Parties to explore, develop and conduct mining work with the Minerals relating thereto, subject to approval of necessary permits to carry out such activities; all such mining claims have been validly located and recorded in accordance with all applicable laws and are valid and subsisting and no notice to cancel or forfeit a Mining Property has been received by or on behalf of a Loan Party; and the Loan Parties have or are in the process of obtaining (and have no reason to believe they will not obtain in the ordinary course but cannot represent that they will obtain them) all necessary surface rights, access rights and other necessary rights and interests relating to the Mining Properties granting the Loan Parties the right and ability to explore for minerals, ore and metals for development purposes as are appropriate in view of the rights and interest therein of the Loan Parties, with only such exceptions as do not materially interfere with the use made by the Loan Parties of the rights or interests so held.

Mining Properties. (i) Schedule 1.1.9, Schedule 1.1.145 and Schedule 1.1.62 hereto set forth true, correct and complete list and description of all of the mining concession contracts (or other mineral interests) in which the Obligors have a right, title or interest, each of which is owned solely and exclusively by Red Eagle Mining Colombia. [REDACTED: PROPRIETARY INFORMATION] [REDACTED: PROPRIETARY INFORMATION] (ii) The Obligors do not lease any mining concession contracts (or other mineral interests); (iii) Red Eagle Mining Colombia has an undivided 100% legal and beneficial good, valid, marketable and exclusive title to, and exclusive possession of, the Santa Xxxx Mining Property and the Ancillary Mining Properties, free and clear of all Encumbrances, other than Permitted Encumbrances. The Santa Xxxx Mining Property and the Ancillary Mining Properties have been duly and validly issued to Red Eagle Mining Colombia and, except as described in the title opinion of Xxxx Xxxxxxx Xxxxxxx & Co delivered to the Lenders on November 3, 2015, all amounts payable thereunder have been duly and timely paid in full since the date of the constitution of the respective mining concession contract (or other mineral interest); (iv) The Santa Xxxx Mining Property and the Santa Xxxx Real Property constitute all real property, mineral interests and surface rights, necessary for the development, construction and mining operations of the Santa Xxxx Project, as currently operated and as contemplated to be operated, substantially in accordance with the current Santa Xxxx Mine Plan; (v) No Person other than Red Eagle Mining Colombia has any rights to participate in or operate the Santa Xxxx Mining Property, the Ancillary Mining Properties and the Santa Xxxx Project; (vi) Other than the Royalties, none of the Santa Xxxx Mining Property, the Ancillary Mining Properties or any minerals produced therefrom are subject to an option, right of first refusal or right title, interest, reservation, claim, rent, royalty, or payment in the nature of rent or royalty, or right capable of becoming an agreement, option, right of first refusal or right, title, interest, reservation, claim, rent, royalty, or payment in the nature of rent or royalty; (vii) There are no artisanal miners conducting any activity on the Santa Xxxx Mining Property or on any mining concession directly adjacent thereto; (viii) The Obligors have no right to use or access any other real property or mining concessions other than the Real Property...

Mining Properties. The Mining Properties as further described in Exhibit A to this MOU are known as, and include, the following: (a) Marysvale Project comprising 89 unpatented lode mining claims lying in Piute and Sevier Counties, Utah as further described in Section 1 of Exhibit A to this MOU. (b) North Hatch Project comprising 80 unpatented lode mining claims lying in Garfield County, Utah as further described in Section 2 of Exhibit A to this MOU. (c) Fry Canyon Project comprising 23 unpatented lode mining claims lying in San Xxxx County, Utah as further described in Section 3 of Exhibit A to this MOU. (d) Xxxxx Canyon Project comprising 19 unpatented lode mining claims lying in San Xxxx County, Utah as further described in Section 4 of Exhibit A to this MOU. (e) Hilltop Project comprising 44 unpatented lode mining claims lying in San Xxxx County, Utah, as further described in Section 5 of Exhibit A to this MOU. The unpatented mining claims comprising the Hilltop Project are the subject of a Mining Lease between South American Minerals Company and ANR. (f) Xxxxxxx Xxxx Project comprised of Utah State Metalliferous Lease # 50916 covering 1645 acres, more or less, in San Xxxx County, Utah, as further described in Section 6 of Exhibit A to this MOU. The Utah State Lease comprising the Xxxxxxx Xxxx Project is the subject of a Mining Lease between South American Minerals Company and ANR. (g) Xxxxxxxxx Flats-Xxxxxxxx Mesa Project comprising 136 mining claims on Xxxxxxxx Mesa and Xxxxxxxxx Flats in Montrose County, Colorado as further described in Section 7 of Exhibit A to this MOU. The unpatented mining claims comprising the Xxxxxxxxx Flats Project are the subject of five Mining Leases between ANR and the five claimholders of the Xxxxxxxxx Flats-Xxxxxxxx Mesa claims.

Mining Properties. The Owner is the exclusive owner of the following mining property for exploitation, manifestations, and any other rights that arise from said properties that are identified as follows: 1) Exploitation concession “Quina 1-56” registered on file 96, No. 26, of Property Register of the Freirina Registrar of Mines, corresponding to year 2011; For the purposes of the present document, all of the rights and mining concessions “Quina 1-56”, referred to above shall be designated the “Mining Concession” With respect to the Mining Concession, the Owner declares that: 1) it has sole and exclusive ownership of the Mining Concession; 2) there exists no overlap of any third party rights that may enable this third party to explore the same terrain of the Mining Concession; 3) the Mining Concession are free from mortgages, liens, prohibitions, promises or options of any nature, prohibitions, litigations, and other third party rights as in all other legal, judicial or voluntary measures that may affect, disturb or hinder their free disposal or transfer; 4) there exists no pending litigation in which the Owner may be a party or third party and there is no known reason to initiate judicial action nor pending judicial action that affects, may affect, be related or may be related in any way to the Mining Concessions, or that affect or may affect the ownership of the Owner; 5) there neither exists nor is there knowledge of other mining concessions nor mineral rights of the owner and/or other related persons - understood as such, for all purposes of this contract, as that which is referred to in Article 100 of Law 18045 - that are currently valid on the area that comprises the superficial face of the Mining Concessions, hereinafter “Area of Interest”; 6) the Mining Concessions have not been the object of other currently valid contracts for promise of sale or mining option, nor have they been leased, contracted, nor any title assigned to a third party; and 7) the Mining Concessions are validly established, and those which are being processed are currently valid, and none are affected by expiration or nullity of any kind, nor is there any knowledge that any third party has tried to form opposition, action of expiration or nullity against them, having fully and timely paid the taxes and mining patents necessary for their establishment and protection. The circumstances and facts to which the preceding declaration refers have the essential and decisive nature for the execution of the...

Mining Properties. The Owner is the exclusive owner of the following mining properties for exploitation, manifestations, and any other rights that arise from said properties that are identified as follows: 1) Exploitation concession “Perth 1 to 36”, registered on page 7, number 6, of the 2003 Property Register of the Freirina Registrar of Mines; 2) Manifestation “Lancelot I 1 to 30”, registered on page 1,272, number 669, of the 2008 Discoveries Register of the Freirina Registrar of Mines; 3) Manifestation “Xxxxxxxx XX 1-20”, registered on page 1,274, number 670, of the 2008 Discoveries Register of the Freirina Registrar of Mines;

Mining Properties. 19.1. Title to the Mining Properties shall be held by the Parties in proportion to their Interests as adjusted from time to time. Each of the Parties shall have the right to receive from the Operator, forthwith upon making demand therefor, such documents as it may reasonably require to confirm its Interest.

Mining Properties. The Mining Properties have been validly granted and recorded in the name of the relevant Obligor, are owned by the relevant Obligor and are in full force and effect. No Person other than the relevant Obligor has any right, title or interest in or to the Mining Properties owned by such Obligor. The Mining Properties are subject to the relevant Obligor’s continued compliance with Applicable Law relating thereto. The Mining Properties give the relevant Obligor the exclusive right to mine or exploit any and all minerals on the areas covered by the relevant Mining Properties. All fees, including without limitation maintenance fees, and other payments due to any Official Body in respect of the Mining Properties have been paid in full on a timely basis except any such fees which are being diligently contested in good faith and for which adequate reserves in accordance with GAAP shall have been set aside on its books or where such non-payment could not be reasonably expected to have a Material Adverse Effect. Other than the Royalties, no fees, royalties or other payments payable to any Person other than Official Bodies are or shall become due with respect to any of the Mining Properties. Except with respect to the SLW Silver Purchase Agreement, the Sandstorm Gold Purchase Agreement, the Royalties and payments to Official Bodies required pursuant to Applicable Law, no Obligor is a party to, and has no knowledge of, any royalty or similar agreements pursuant to which such Obligor or any other party is obligated to pay to any Person any amount with respect to any of the Mining Properties.