Common use of Payment Generally Clause in Contracts

Payment Generally. (a) All amounts payable by Borrower or Guarantor hereunder shall be paid to [Redacted – Affiliate of Sprott Private Resource Streaming & Royalty Corp.] (the “Collector”) on behalf of the Lenders in United States Dollars, in immediately available funds by wire transfer at such account or financial institution as the Lenders may from time to time notify Borrower. Any payments received after 12:00 p.m. (Vancouver time) will be considered for all purposes as having been made on the next following Business Day. (b) If the due date of any payment under this Agreement would otherwise fall on a day that is not a Business Day, such payment shall be due on the next succeeding Business Day, together with interest that has accrued to the Business Day on which such payment was due. (c) For the purposes of Section 2(a), the aggregate Principal Amount may be advanced by the Lenders through the Collector to the Borrower. All amounts that an Obligor is required pursuant to this Agreement to pay to the Lenders or any of them including on account of principal, interest, Prepayment Interest Premium, default interest or any other amount, shall be paid to the Collector for distribution by it to the Lenders. All amounts received by [Redacted – Affiliate of Sprott Private Resource Streaming & Royalty Corp.] in respect of the Principal Amount, interest thereon or Prepayment Interest Premium shall be applied and distributed by it to the Lenders rateably according to each Lender’s Proportionate Share. All amounts received by the Collector from the Obligors for the benefit of the Lenders or from the Lenders for the benefit of the Borrower shall, in each case, be received by the Collector acting as agent for and on behalf of the Lenders hereunder. (d) Each Lender will maintain in accordance with its usual practice one or more accounts evidencing the Principal Amount owing by Borrower to such Lender hereunder. Such account(s) will be prima facie evidence of the obligations recorded therein, provided that any failure by Lender to maintain any account or any error therein shall not affect the obligation of Borrower or Guarantor to repay the Obligations to such Lender in accordance with this Agreement.

Payment Generally. (a) All amounts payable by Borrower or Guarantor hereunder shall be paid to [Redacted – Affiliate of Sprott Private Resource Streaming & Royalty Corp.] (the “Collector”) Agent on behalf of the Lenders Sprott Lender Parties in United States Dollars, in immediately available funds by wire transfer at such account or financial institution as the Lenders Agent may from time to time notify Borrower. Any payments received after 12:00 2:00 p.m. (Vancouver Toronto time) will be considered for all purposes as having been made on the next following Business Day. (b) If the due date of any payment under this Agreement would otherwise fall on a day that is not a Business Day, such payment shall be due on the next succeeding Business Day, together with interest that has accrued to the Business Day on which such payment was due. (c) For the purposes of Section 2(a), the aggregate Principal Amount each Advance may be advanced by the Lenders through the Collector Agent to the Borrower. All amounts that an Obligor is required pursuant to this Agreement to pay to the Lenders Sprott Lender Parties or any of them including on account of principal, interest, Prepayment Interest Premium, default interest or any other amount, shall be paid to the Collector Agent for distribution by it to the LendersSprott Lender Parties. All amounts received by [Redacted – Affiliate of Sprott Private Resource Streaming & Royalty Corp.] the Agent in respect of the Principal Amount, Amount or interest thereon or Prepayment Interest Premium shall be applied and distributed by it to the Lenders rateably according to each Lender’s Proportionate Share. All amounts received by /HQGHUV UDWHDEO\ DFFRUGLQJ WR HDFK /HQGHU¶V the Collector Agent from the Obligors for the benefit of the Lenders or from the Lenders for the benefit of the Borrower shall, in each case, be received by the Collector Agent acting as agent for and on behalf of the Lenders hereunder. (d) Each Lender will maintain in accordance with its usual practice one or more accounts evidencing the Principal Amount of the Advances owing by Borrower to such Lender hereunder. Such account(s) will be prima facie evidence of the obligations recorded therein, provided that any failure by Lender to maintain any account or any error therein shall not affect the obligation of Borrower or Guarantor to repay the Obligations to such Lender in accordance with this Agreement.

Payment Generally. (a) All amounts Landlord shall pay all taxes, including municipal and school taxes, assessments, rates and charges, county taxes, excises, levies, and all other license and permit fees and other governmental charges, which during the Term may be assessed, levied, confirmed, imposed upon, or become due and payable with respect to the Premises or any part thereof (all of which are hereinafter collectively called “Taxes”). Tenant shall pay to Landlord on the same day in which Tenant pays the Base Monthly Rent, an amount equal to one-twelfth (1/12th) of such Taxes, determined on the basis of the Landlord’s estimated taxes for the current tax year. If the actual amount of Tenant’s share of Taxes with respect to any tax year once determined, is less than the total amount theretofore paid by Borrower or Guarantor hereunder Tenant for such period, as aforesaid, the excess shall be credited on Tenant’s next succeeding payment(s) pursuant to this Section. If the actual amount of Tenant’s share of Taxes with respect to any tax year, once determined, shall exceed the total amount theretofore paid by Tenant for such period, as aforesaid, Tenant shall pay to [Redacted – Affiliate of Sprott Private Resource Streaming & Royalty Corp.] (Landlord the “Collector”) on behalf of difference between the Lenders in United States Dollars, in immediately available funds actual amount paid by wire transfer at such account or financial institution as Tenant and the Lenders may from time to time notify Borrower. Any payments received after 12:00 p.m. (Vancouver time) will be considered for all purposes as having been made amount due on the next following Business Daybasis of such tax bills for such period within thirty (30) days after written notice thereof from Landlord. If the amount of Taxes paid by Landlord for the Premises is adjusted after the tax xxxx is prepared, any reduction shall be refunded to Tenant such that Tenant’s payment equals the tax as actually paid. (b) In the event that an increase in Taxes is caused by the Tenant’s improvements made to the Premises, Tenant shall pay the increase attributable to such improvements. If the due date improvements, the taxes for which are to be paid separately by Tenant, are not separately assessed, Tenant’s portion of that tax shall be equitably determined by Landlord from the respective valuations assigned in the assessor’s worksheets or such other information (which may include the cost of construction) as may be reasonably available. Notwithstanding anything herein to the contrary, Tenant shall not be responsible for any increase in Taxes which results solely from the creation of additional rentable area in the Building or on the Premises or from improvements or alterations made by Landlord or other tenants, and Tenant shall not be responsible for any increases in Taxes for the Premises resulting from a refinancing or sale of the Premises during the initial Term. If there is a tax abatement program in effect at any time during the Term which reduces Taxes or Taxes are “phased-in” during the Term, Taxes shall be adjusted so that they are computed on the same basis as Taxes for the tax years during which the tax abatement or phase-in is in effect. If Tenant seeks to dispute any increase in Taxes on its improvements, the burden of proof with respect thereto shall fall solely upon Tenant and Landlord shall give Tenant the necessary authority to challenge any such assessment on Landlord’s behalf, and Tenant shall bear the full cost and expense of any payment under this Agreement would otherwise fall on a day that is not a Business Day, such payment shall be due on the next succeeding Business Day, together with interest that has accrued to the Business Day on which such payment was duechallenge. (c) For the purposes of Section 2(a), the aggregate Principal Amount may be advanced by the Lenders through the Collector to the Borrower. All amounts that an Obligor is required pursuant to this Agreement to pay to the Lenders or any of them including on account of principal, interest, Prepayment Interest Premium, default interest or any other amount, shall be paid to the Collector for distribution by it to the Lenders. All amounts received by [Redacted – Affiliate of Sprott Private Resource Streaming & Royalty Corp.] in respect of the Principal Amount, interest thereon or Prepayment Interest Premium shall be applied and distributed by it to the Lenders rateably according to each Lender’s Proportionate Share. All amounts received by the Collector from the Obligors for the benefit of the Lenders or from the Lenders for the benefit of the Borrower shall, in each case, be received by the Collector acting as agent for and on behalf of the Lenders hereunder. (d) Each Lender will maintain in accordance with its usual practice one or more accounts evidencing the Principal Amount owing by Borrower to such Lender hereunder. Such account(s) will be prima facie evidence of the obligations recorded therein, provided that any failure by Lender to maintain any account or any error therein shall not affect the obligation of Borrower or Guarantor to repay the Obligations to such Lender in accordance with this Agreement.

Payment Generally. 6.1.1 Lessee agrees to pay or cause to be paid, as and when they become due and payable, and before any fine, penalty, interest or cost may be added thereto, or become due or be imposed by operation of law for the nonpayment thereof, all taxes, assessments, franchises, excises, license and permit fees, and other governmental levies and charges, general and special, ordinary and extraordinary, unforeseen and foreseen of any kind and nature whatsoever which at any time during the Lease Term may be assessed, levied, confirmed, imposed upon, or grow or become due and payable out of or in respect of, or become a lien on, solely arising from Lessee’s interest in: (ai) the Site and Improvements or any part thereof or any appurtenance thereto; or (ii) this transaction or any document to which a Lessee is a party, creating or transferring an interest or estate in the Site and Improvements. All amounts payable by Borrower such taxes, franchises, excises, license and permit fees, and other governmental levies and charges shall hereinafter be referred to as “Impositions”, and any of the same shall hereinafter be referred to as an “Imposition.” As to the Site, any Imposition relating to a fiscal period of the taxing authority, a part of which period is included within the term of this Lease and a part of which is included in a period of time after the expiration of this Lease, shall (whether or Guarantor hereunder not such Imposition shall be paid to [Redacted – Affiliate assessed, levied, confirmed, imposed upon, become a lien upon the Site and Improvements, or shall become payable, during the term of Sprott Private Resource Streaming & Royalty Corp.] (this Lease) be adjusted between Lessor and the “Collector”) on behalf Lessee as of the Lenders expiration of the Lease so that Lessee shall pay that portion of such Imposition which that part of such fiscal period included in United States Dollarsthe period of time before the expiration of such term of this Lease bears to such fiscal period, and Lessor shall pay the remainder thereof; provided, however, that Lessee shall not be entitled to receive any apportionment if Lessee shall be in immediately available funds default in the performance of any of the covenants and agreements as provided in this Lease. 6.1.2 Notwithstanding any other provision of this Lease, Lessee shall not be subject to any new tax or any increase in any existing tax that is imposed by wire transfer at such account or financial institution Lessor as the Lenders may from time to time notify Borrowertaxing authority. Any payments received after 12:00 p.m. (Vancouver time) will be considered This paragraph has no effect on Lessee’s liability for all purposes as having been made on the next following Business Daya tax imposed by a tax authority other than Lessor. 6.1.3 Lessee hereby agrees to defend, indemnify and hold harmless Lessor and its respective officers, employees and consultants from and against all claims, liability, loss, damage, costs, or expenses (bincluding reasonable attorneys’ fees and court costs) If the due date arising from or as a result of any payment under this Agreement would otherwise fall on a day that is not a Business Day, such payment shall be due on the next succeeding Business Day, together with interest that has accrued to the Business Day on which such payment was due. (c) For the purposes of Section 2(a), the aggregate Principal Amount may be advanced by the Lenders through the Collector to the Borrower. All amounts that an Obligor is required pursuant to this Agreement Lessee’s failure to pay to the Lenders or any of them including on account of principal, interest, Prepayment Interest Premium, default interest or any other amount, shall be paid to the Collector for distribution by it to the Lenders. All amounts received by [Redacted – Affiliate of Sprott Private Resource Streaming & Royalty Corp.] in respect of the Principal Amount, interest thereon or Prepayment Interest Premium shall be applied and distributed by it to the Lenders rateably according to each Lender’s Proportionate Share. All amounts received by the Collector from the Obligors for the benefit of the Lenders or from the Lenders for the benefit of the Borrower shall, in each case, be received by the Collector acting as agent for and on behalf of the Lenders hereunderImposition. (d) Each Lender will maintain in accordance with its usual practice one or more accounts evidencing the Principal Amount owing by Borrower to such Lender hereunder. Such account(s) will be prima facie evidence of the obligations recorded therein, provided that any failure by Lender to maintain any account or any error therein shall not affect the obligation of Borrower or Guarantor to repay the Obligations to such Lender in accordance with this Agreement.

Payment Generally. (a) All amounts payable by Borrower or Guarantor hereunder shall be paid to [Redacted – Affiliate of Sprott Private Resource Streaming & Royalty Corp.] (the “Collector”) Agent on behalf of the Lenders Sprott Lender Parties in United States Dollars, in immediately available funds by wire transfer at such account or financial institution as the Lenders Agent may from time to time notify Borrower. Any payments received after 12:00 2:00 p.m. (Vancouver Toronto time) will be considered for all purposes as having been made on the next following Business Day. (b) If the due date of any payment under this Agreement would otherwise fall on a day that is not a Business Day, such payment shall be due on the next succeeding Business Day, together with interest that has accrued to the Business Day on which such payment was due. (c) For the purposes of Section 2(a), the aggregate Principal Amount each Advance may be advanced by the Lenders through the Collector Agent to the Borrower. All amounts that an Obligor is required pursuant to this Agreement to pay to the Lenders Sprott Lender Parties or any of them including on account of principal, interest, Prepayment Interest Premium, default interest or any other amount, shall be paid to the Collector Agent for distribution by it to the LendersSprott Lender Parties. All amounts received by [Redacted – Affiliate of Sprott Private Resource Streaming & Royalty Corp.] the Agent in respect of the Principal Amount, Amount or interest thereon or Prepayment Interest Premium shall be applied and distributed by it to the Lenders rateably according to each Lender’s Proportionate Share. All amounts received by the Collector Agent from the Obligors for the benefit of the Lenders or from the Lenders for the benefit of the Borrower shall, in each case, be received by the Collector Agent acting as agent for and on behalf of the Lenders hereunder. (d) Each Lender will maintain in accordance with its usual practice one or more accounts evidencing the Principal Amount of the Advances owing by Borrower to such Lender hereunder. Such account(s) will be prima facie evidence of the obligations recorded therein, provided that any failure by Lender to maintain any account or any error therein shall not affect the obligation of Borrower or Guarantor to repay the Obligations to such Lender in accordance with this Agreement.