Common use of Operational Matters Clause in Contracts

Operational Matters. Except as would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect with respect to Parent: (a) all rentals, royalties, overriding royalty interests, production payments, net profits, interest burdens and other payments due or payable on or prior to the date hereof under or with respect to the direct or indirect assets of Parent and its Subsidiaries have been properly and timely paid; (b) all rentals, payments, and obligations due and payable or performable on or prior to the date hereof under or on account of any of the direct or indirect assets of Parent and its Subsidiaries have been duly paid, performed, or provided for prior to the date hereof; (c) all (i) mines where Parent or a Subsidiary of Parent is the operator at the relevant time have been developed and operated in accordance with good mining practices and in compliance with all then-Applicable Laws, (ii) mines located in or on the lands of Parent or any Subsidiary, or lands pooled or unitized therewith, which have been abandoned by Parent or any Subsidiary, have been developed, managed, and abandoned in accordance with good mining practices and in compliance with all Applicable Laws, (iii) all future abandonment, remediation and reclamation obligations have been accurately disclosed in Parent SEC Documents without omission of information necessary to make the disclosure not misleading, and (iv) all costs, expenses, and liabilities payable on or prior to the date hereof under the terms of any Material Parent Contract have been properly and timely paid, except for such expenses that are being currently paid prior to delinquency in the ordinary course of business.

Operational Matters. Except as would not reasonably be expectednot, individually or in the aggregate, be reasonably expected to have a Material Adverse Effect with respect to Parentthe Offeror: (ai) all rentals, royalties, overriding royalty interests, production payments, net profits, interest burdens and other payments due or payable on or prior to the date hereof under or with respect to the direct or indirect assets of Parent the Offeror, its Subsidiaries and its Subsidiaries material joint ventures have been properly and timely paid; (bii) all rentals, payments, and obligations due and payable or performable on or prior to the date hereof under or on account of any of the direct or indirect assets of Parent the Offeror, its Subsidiaries and its Subsidiaries material joint ventures have been duly paid, performed, or provided for prior to the date hereof; (ciii) all all: (i) mines where Parent the Offeror or a Subsidiary of Parent the Offeror is the operator at the relevant time have been developed and operated in accordance with good mining practices and in compliance with all then-Applicable applicable Laws, ; and (ii) mines located in or on the lands of Parent the Offeror, any Subsidiary or any Subsidiarymaterial joint venture, or lands pooled or unitized therewith, which have been abandoned by Parent the Offeror or any SubsidiarySubsidiary or material joint venture of the Offeror, have been developed, managed, and abandoned in accordance with good mining practices and in compliance with all Applicable applicable Laws, ; and (iii) all future abandonment, remediation and reclamation obligations have been accurately disclosed in Parent SEC Documents Disclosed Publicly by the Offeror without omission of information necessary to make the disclosure not misleading, and ; and (iv) all costs, expenses, and liabilities payable on or prior to the date hereof under the terms of any Material Parent Contract contracts and agreements to which the Offeror or any of its Subsidiaries or material joint ventures is directly or indirectly bound have been properly and timely paid, except for such expenses that are being currently paid prior to delinquency in the ordinary course of business.

Operational Matters. Except as would not reasonably be expectednot, individually or in the aggregate, be reasonably expected to have a Material Adverse Effect with respect to Parentthe Company: (ai) all rentals, royalties, overriding royalty interests, production payments, net profits, interest burdens and other payments due or payable on or prior to the date hereof under or with respect to the direct or indirect assets of Parent the Company, its Subsidiaries and its Subsidiaries material joint ventures, have been properly and timely paid; (bii) all rentals, payments, and obligations due and payable or performable on or prior to the date hereof under or on account of any of the direct or indirect assets of Parent the Company, its Subsidiaries and its Subsidiaries material joint ventures have been duly paid, performed, or provided for prior to the date hereof; (ciii) all all: (i) mines where Parent the Company or a Subsidiary of Parent the Company is the operator at the relevant time have been developed and operated in accordance with good mining practices and in compliance with all then-Applicable applicable Laws, ; and (ii) mines located in or on the lands of Parent the Company, any Subsidiary or any Subsidiarymaterial joint venture, or lands pooled or unitized therewith, which have been abandoned by Parent the Company or any SubsidiarySubsidiary or material joint venture of the Company, have been developed, managed, and abandoned in accordance with good mining practices and in compliance with all Applicable applicable Laws, ; and (iii) all future abandonment, remediation and reclamation obligations have been accurately disclosed in Parent SEC Documents Disclosed Publicly by the Company without omission of information necessary to make the disclosure not misleading, and ; and (iv) all costs, expenses, and liabilities payable on or prior to the date hereof under the terms of any Material Parent Contract contracts and agreements to which the Company or any of its Subsidiaries or material joint ventures is directly or indirectly bound have been properly and timely paid, except for such expenses that are being currently paid prior to delinquency in the ordinary course of business.

Operational Matters. Except as would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect with respect to Parentthe Company: (a) all rentals, royalties, overriding royalty interests, production payments, net profits, interest burdens and other payments due or payable on or prior to the date hereof under or with respect to the direct or indirect assets of Parent the Company and its Subsidiaries have been properly and timely paid; (b) all rentals, payments, and obligations due and payable or performable on or prior to the date hereof under or on account of any of the direct or indirect assets of Parent the Company and its Subsidiaries have been duly paid, performed, or provided for prior to the date hereof; (c) all (i) mines where Parent the Company or a Subsidiary of Parent the Company is the operator at the relevant time have been developed and operated in accordance with good mining practices and in compliance with all then-Applicable Laws, (ii) mines located in or on the lands of Parent the Company or any Subsidiary, or lands pooled or unitized therewith, which have been abandoned by Parent the Company or any Subsidiary, have been developed, managed, and abandoned in accordance with good mining practices and in compliance with all Applicable Laws, (iii) all future abandonment, remediation and reclamation obligations have been accurately disclosed in Parent Company SEC Documents without omission of information necessary to make the disclosure not misleading, and (iv) all costs, expenses, and liabilities payable on or prior to the date hereof under the terms of any Material Parent Company Contract have been properly and timely paid, except for such expenses that are being currently paid prior to delinquency in the ordinary course of business.

Operational Matters. Except as would not reasonably be expectednot, individually or in the aggregate, be reasonably expected to have a Material Adverse Effect with respect to ParentYamana: (ai) all rentals, royalties, overriding royalty interests, production payments, net profits, interest burdens and other payments due or payable on or prior to the date hereof under or with respect to the direct or indirect assets of Parent Yamana and its Subsidiaries material subsidiaries have been properly and timely paid; (bii) all rentals, payments, and obligations due and payable or performable on or prior to the date hereof under or on account of any of the direct or indirect assets of Parent Yamana and its Subsidiaries material subsidiaries have been duly paid, performed, or provided for prior to the date hereof; (ciii) all (i) mines where Parent Yamana or a Subsidiary material subsidiary of Parent Yamana is the operator at the relevant time have been developed and operated in accordance with good standard mining practices and in compliance with all then-Applicable applicable Laws, ; (iiiv) mines located in or on the lands of Parent Yamana or any Subsidiarymaterial subsidiary, or lands pooled or unitized therewith, which have been abandoned by Parent Yamana or any Subsidiarymaterial subsidiary of Yamana, have been developed, managed, and abandoned in accordance with good mining practices and in compliance with all Applicable applicable Laws, ; (iiiv) all future abandonment, remediation and reclamation obligations have been accurately disclosed in Parent SEC Documents Disclosed Publicly by Yamana without omission of information necessary to make the disclosure not misleading, and ; and (ivvi) all costs, expenses, and liabilities payable on or prior to the date hereof under the terms of any Material Parent Contract contracts and agreements to which Yamana or any of its material subsidiaries is directly or indirectly bound have been properly and timely paid, except for such expenses that are being currently paid prior to delinquency in the ordinary course of business.

Operational Matters. Except as would not reasonably be expectednot, individually or in the aggregate, be reasonably expected to have a Material Adverse Effect with respect to ParentViceroy: (ai) all rentals, royalties, overriding royalty interests, production payments, net profits, interest burdens and other payments due or payable on or prior to the date hereof under or with respect to the direct or indirect assets of Parent Viceroy, its subsidiaries and its Subsidiaries material joint ventures, have been properly and timely paid; (bii) all rentals, payments, and obligations due and payable or performable on or prior to the date hereof under or on account of any of the direct or indirect assets of Parent Viceroy, its subsidiaries and its Subsidiaries material joint ventures have been duly paid, performed, or provided for prior to the date hereof; (ciii) all (i) mines where Parent Viceroy or a Subsidiary subsidiary of Parent Viceroy is the operator at the relevant time have been developed and operated in accordance with good standard mining practices and in compliance with all then-Applicable applicable Laws, ; and (iiiv) mines located in or on the lands of Parent Viceroy, any subsidiary or any Subsidiarymaterial joint venture, or lands pooled or unitized therewith, which have been abandoned by Parent Viceroy or any Subsidiarysubsidiary or material joint venture of Viceroy, have been developed, managed, and abandoned in accordance with good mining practices and in compliance with all Applicable applicable Laws, ; and (iiiv) all future abandonment, remediation and reclamation obligations have been accurately disclosed in Parent SEC Documents Disclosed Publicly by Viceroy without omission of information necessary to make the disclosure not misleading, and ; and (ivvi) all costs, expenses, and liabilities payable on or prior to the date hereof under the terms of any Material Parent Contract contracts and agreements to which Viceroy or any of its subsidiaries or material joint ventures is directly or indirectly bound have been properly and timely paid, except for such expenses that are being currently paid prior to delinquency in the ordinary course of business.

Operational Matters. Except as would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect with respect to Parentthe Company: (a) all rentals, royalties, overriding royalty interests, production payments, net profits, interest burdens and other payments due or payable on or prior to the date hereof under or with respect to the direct or indirect assets of Parent the Company and its Subsidiaries have been properly and timely paid; (b) all rentals, payments, and obligations due and payable or performable on or prior to the date hereof under or on account of any of the direct or indirect assets of Parent the Company and its Subsidiaries have been duly paid, performed, or provided for prior to the date hereof; (c) all (i) mines where Parent the Company or a Subsidiary of Parent the Company is the operator at the relevant time have been developed and operated in accordance with good mining practices and in compliance with all then-Applicable Laws, (ii) mines located in or on the lands of Parent the Company or any Subsidiary, or lands pooled or unitized therewith, which have been abandoned by Parent the Company or any Subsidiary, have been developed, managed, and abandoned in accordance with good mining practices and in compliance with all Applicable Laws, (iii) all future abandonment, remediation and reclamation obligations have been accurately disclosed in Parent Company SEC Documents without omission of information necessary to make the disclosure not misleading, and (iv) all costs, expenses, and liabilities payable on or prior to the date hereof under the terms of any Material Parent Company Contract have been properly and timely paid, except for such expenses Table of Contents that are being currently paid prior to delinquency in the ordinary course of business.