Project Property. The Real Property set forth on Schedule 3.05(e) constitutes all of the real property currently owned or leased by Borrower and used in the development of the Project, and no other Real Property is necessary to complete the development of the Project and begin operations.
Project Property. 6.1 Except to the extent set out in paragraph 2 , labelled “Mining Rights” and paragraph 3, labelled “Access Rights”, of the Disclosure Letter, the MineCos are collectively the legal and beneficial holders of a one hundred percent (100%) interest in the Project Real Property, free of any Encumbrance (other than any Permitted Encumbrance).
6.2 Except to the extent set out in paragraph 2, labelled “Mining Rights” and paragraph 3, labelled “Access Rights”, of the Disclosure Letter, the ProjectCo and Magazynskraal MineCo are the lawful holders and sole beneficial owners of the Mining Rights and so far as the Seller Group Members are aware, no other Person is claiming to be entitled to a mining or prospecting right in respect of all or part of the Mining Areas and there is no dispute between the ProjectCo, IBMR MineCo, Magazynskraal MineCo, the DMR or the Minister of Mineral Resources, Mining Titles Office or any third party regarding the grant or registration of the Mining Rights or notarial deeds of amendment or cessions relating to the Mining Rights.
6.3 Except to the extent set out in paragraph 2, labelled “Mining Rights”, of the Disclosure Letter in respect only of the IBMR Mining Right and the Richtrau Mining Right, the Mining Rights and each other Material Project Authorization are in good standing under the MPRDA, the Mining Charter and any other applicable regulations, have been fully and effectively acquired and are, to the knowledge of each Seller Group Member not liable to suspension, cancellation or forfeiture for any reason and, they are not aware of any circumstances which may give rise to such suspension, cancellation or forfeiture.
6.4 Except to the extent set out in paragraph 3, labelled “Access Rights”, of the Disclosure Letter, the MineCos have complied with all Applicable Laws in respect of the relevant Project Property in all material respects and all fees (including annual fees per hectare and state inspection fees), rents, rates, royalties (including statutory royalty and landowner’s royalty), taxes and other similar payments due and payable in respect of all of the Mining Rights have been paid.
6.5 That none of the Project Entities, the Guarantors or the MineCos are engaged in any litigation, arbitration or other proceeding concerning any of the Project Property and no Project Entity, Guarantor or MineCo is aware of any pending or threatened litigation, arbitration or other proceeding concerning the Project Property, which if successful...
Project Property. 0000 Xxxxxxxxx Xxxx, Xxxxx 00000 Loan Amount: $2,720,000
Project Property. Without limiting the generality of Sections 3.1(l) and 3.1(m):
(i) all of the Project Property is leased, held or owned by the Project Parties, and no Person other than the Project Parties has any rights to operate or exploit the Material Projects, other than for and on behalf of the Project Parties or in connection with the Royalty Agreement, the Royalty Obligations or another Permitted Encumbrance;
(ii) other than as described in Schedule 3.1(n)(ii), none of the Project Real Property 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; and
(iii) other than pursuant to the Project Authorizations and Applicable Laws, there are no restrictions on the ability of the Project Parties to exploit the Project Real Property.
Project Property. Seller shall sell the Project Property and the improvements currently located thereon, as described in Article 1 of this Agreement and identified in Exhibit 1 (Project Map), Together with: Seller’s interest in all tenements, hereditaments and appurtenances (belonging or in any manner appertaining) including all easements, reversions, remainders, issues, franchises, leases, rents, profits, mineral rights, royalties, minerals, oil and gas rights and profits, geothermal rights (whether or not appurtenant); i) water rights, applications and permits to appropriate any of the public waters, all certificates of appropriation, adjudicated or unadjudicated water rights, and applications or permits to change the place of diversion, manner of use or place of use of water appurtenant to the land, and water service agreements or credits thereunder;
Project Property. Without limiting the generality of Sections (25) and (26) above: (i) the Company and its Subsidiaries own or otherwise have valid rights to lease or use all of the Project Property, and no Person other than any of the Company or its Subsidiaries has any rights to participate in the Project Property, except for Permitted Liens; (ii) all prospecting licenses, mining claims, mining leases and mining concessions in respect of the Project Property in which the Company or any of its Subsidiaries have an interest or right have been validly obtained and, registered in accordance with all Laws and are valid and subsisting; (iii) the Company and its Subsidiaries have all necessary surface rights, access rights and other rights and interests relating to the Project Property, as may be necessary or desirable to grant the Company and its Subsidiaries the right and ability to explore for minerals, ore and metals for development purposes, with only such exceptions as do not materially interfere with the use made by the Company and its Subsidiaries of the rights or interests so held, and each of the property interests or rights and each of the documents, agreements, instruments and obligations relating thereto and referred to above is currently in good standing in the name of the Company or its Subsidiaries, free and clear of all material Liens; C-20 (iv) the Project Real Property constitutes all real property, Water Rights, mineral, surface interests and ancillary rights necessary for the activities of the Company and its Subsidiaries with respect to the North Bullfrog Project and the Mother Lode Project, as currently operated and as contemplated to be developed and operated, substantially in accordance with the Technical Reports; (v) except as disclosed in Schedule C (27)(v) of the Company Disclosure Letter, the Company and its Subsidiaries have Good Mining Title with respect to all Project Real Property, subject to Permitted Liens, and there are no material pending, or, to the knowledge of the Company, threatened proceedings by any Governmental Entity or any other Person to cancel, terminate or modify such Good Mining Title. The Company has made all filings, recordings, and other paid assessments and fees sufficient to maintain Good Mining Title with respect to all Project Real Property; (vi) there are no Abandoned Mine Workings on the Project Real Property, except as disclosed in Schedule C (27)(vi) of the Company Disclosure Letter; (vii) there are no adverse claims, ...
Project Property. Without limiting the generality of Section 4.1.11 and Section 4.1.12:
(i) all of the Project Property is leased, held or owned by the Borrower or another Obligor, and no Person other than the Borrower or another Obligor has any rights to operate or exploit the Project, other than for and on behalf of the Borrower and Obligors or in connection with the Offtake Agreements or another Permitted Encumbrance;
(ii) the Project Real Property constitutes all real property, Mining Rights, surface interests and ancillary rights necessary for the development, construction and mining operations of the Project, as currently operated and as contemplated to be developed and operated, substantially in accordance with the Development Budget;
(iii) other than the Offtake Agreements or any other Permitted Encumbrance, none of the Project Real Property 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 a Production Interest; and
(iv) other than pursuant to the Offtake Agreements, Project Authorizations and Applicable Laws, there are no restrictions on the ability of the Obligors to exploit the Project Real Property.
Project Property. The project property consists of approximately 3,350 acres, as legally described and depicted in Exhibit J (the “Project Property”).
Project Property. Developer shall obtain title to the Project Property prior to or concurrent with its acquisition of the Old Second Avenue Parcel. City shall not be obligated to convey the Old Second Avenue Parcel unless and until Developer obtains title to the Project Property.
