Common use of Operational Matters Clause in Contracts

Operational Matters. Except as would not, individually or in the aggregate, be reasonably expected to result in a Xxxxxxx Material Adverse Effect: (i) all rentals, royalties, overriding royalty interests, production payments, net profits, interest burdens, payments and obligations due and payable, or performable, as the case may be, on or prior to the date hereof under, with respect to, or on account of, any direct or indirect assets of Xxxxxxx and its material joint ventures, have been: (A) duly paid; (B) duly performed; or (C) provided for prior to the date hereof; and (ii) all costs, expenses, and liabilities payable on or prior to the date hereof under the terms of any contracts and agreements to which Xxxxxxx 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.

Appears in 2 contracts

Samples: Arrangement Agreement (Mountain Province Diamonds Inc.), Arrangement Agreement (Mountain Province Diamonds Inc.)

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Operational Matters. Except as would not, individually or in the aggregate, be reasonably expected to result in have a Xxxxxxx Material Adverse Effect: (i) all rentals, royalties, overriding royalty interests, production payments, net profits, interest burdens, payments and obligations due and payable, or performable, as the case may be, on or prior to the date hereof under, with respect to, or on account of, any direct or indirect assets of Xxxxxxx the Purchaser and its material joint venturessubsidiaries and affiliates, have been: (A) duly paid; (B) duly performed; or (C) provided for prior to the date hereof; and (ii) all costs, expenses, and liabilities payable on or prior to the date hereof under the terms of any contracts Contracts and agreements to which Xxxxxxx the Purchaser or material joint ventures its subsidiaries and affiliates 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.

Appears in 2 contracts

Samples: Arrangement Agreement (Nomad Royalty Co Ltd.), Arrangement Agreement (Sandstorm Gold LTD)

Operational Matters. Except as would not, individually or in the aggregate, be reasonably expected to result in a Xxxxxxx Material Adverse EffectEffect on Excellon: (ia) all rentals, royalties, overriding royalty interests, production payments, net profits, interest burdens, payments and obligations due and payable, or performable, as the case may be, on or prior to the date hereof under, with respect to, or on account of, any direct or indirect assets of Xxxxxxx Excellon and its material joint venturesthe Excellon Subsidiaries, have been: : (A) duly paid; (B) duly performed; or (C) provided for prior to the date hereof; and (iib) all costs, expenses, and liabilities payable on or prior to the date hereof under the terms of any material contracts and agreements to which Xxxxxxx Excellon or material joint ventures the Excellon 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 businesscourse.

Appears in 1 contract

Samples: Arrangement Agreement

Operational Matters. Except as would not, individually or in the aggregate, be reasonably expected to result in a Xxxxxxx Company Material Adverse Effect: (ia) all rentals, royalties, overriding royalty interests, production payments, net profits, interest burdens, payments and obligations due and payable, or performable, as the case may be, on or prior to the date hereof under, with respect to, or on account of, any direct or indirect assets of Xxxxxxx the Company and its material joint ventures, Subsidiaries have been: (Ai) duly paid; (Bii) duly performed; or (Ciii) provided for prior to for the date hereof; and (iib) all costs, expenses, and liabilities payable on or prior to the date hereof under the terms of any contracts and agreements to which Xxxxxxx the Company or material joint ventures any of its 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.

Appears in 1 contract

Samples: Support Agreement (Kinross Gold Corp)

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Operational Matters. Except as would not, individually or in the aggregate, be reasonably expected to result in a Xxxxxxx Material Adverse EffectEffect with respect to the Purchaser: (ia) all rentals, royalties, overriding royalty interests, production payments, net profits, interest burdens, payments and obligations due and payable, or performable, as the case may be, on or prior to the date hereof under, with respect to, or on account of, any direct or indirect assets of Xxxxxxx and its material joint venturesthe Purchaser, have been: (A) duly paid; (B) duly performed; or (C) provided for prior to the date hereof; and (iib) all costs, expenses, and liabilities payable on or prior to the date hereof under the terms of any contracts and agreements to which Xxxxxxx or material joint ventures the Purchaser 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 businessOrdinary Course.

Appears in 1 contract

Samples: Arrangement Agreement (Nevsun Resources LTD)

Operational Matters. Except as would not, individually or in the aggregate, be reasonably expected to result in a Xxxxxxx Bonterra Material Adverse Effect: (i) all rentals, royalties, overriding royalty interests, production payments, net profits, interest burdens, payments and obligations due and payable, or performable, as the case may be, on or prior to the date hereof under, with respect to, or on account of, any direct or indirect assets of Xxxxxxx Bonterra and its material joint ventures, have been: (A) duly paid; (B) duly performed; or (C) provided for prior to for the date hereof; and (ii) all costs, expenses, and liabilities payable on or prior to the date hereof under the terms of any contracts and agreements to which Xxxxxxx Bonterra 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.

Appears in 1 contract

Samples: Arrangement Agreement

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