Title to Properties and Condition of Assets. The EFI Disclosure Memorandum provides a list of all of the mineral properties that are material to EFI, taken as a whole (the “EFI Material Properties”). Except as disclosed in either the EFI Disclosure Memorandum or the EFI Public Disclosure Documents, applying customary standards in the mining industry, EFI has sufficient title to or valid leasehold interests in the EFI Material Properties to operate such properties in the ordinary course and consistent with past practice, free and clear of any title defect or Encumbrance, except for such defects in title or Encumbrances that, individually or in the aggregate, do not have, and would not reasonably be expected to have, a Material Adverse Effect on EFI. Each lease and agreement granting rights to the EFI Material Properties is in full force and effect and constitutes a legal, valid and binding agreement of EFI or an EFI Material Subsidiary thereof and EFI and/or the EFI Material Subsidiary, as the case may be, is not in violation or breach of or default under any such lease or agreement except such violations, breaches or defaults which, individually, or in the aggregate, would not reasonably be expected to have a Material Adverse Effect on EFI. Furthermore, all real and tangible personal property of EFI and the EFI Material Subsidiaries is in generally good repair and is operational and usable in the manner in which it is currently being utilized, subject to normal wear and tear and technical obsolescence, repair or replacement except for such property where the failure to be in such condition would not reasonably be expected to have a Material Adverse Effect on EFI.
Title to Properties and Condition of Assets. Except as disclosed by Peak, applying customary standards in the mining industry, Peak and each of the Peak Subsidiaries has sufficient title to or valid leasehold interests in the Peak Properties to operate such properties in the ordinary course and consistent with past practices, free and clear of any title defect or Encumbrance, except for such defects in title or Encumbrances that, individually or in the aggregate, do not have, and would not reasonably be expected to have, a Material Adverse Effect on Peak. Each lease and agreement granting rights to the Peak Properties is in full force and effect and constitutes a legal, valid and binding agreement of Peak and the Peak Subsidiaries and neither Peak nor the Peak Subsidiaries is in violation of, breach of or default under any such lease or agreement except such violations, breaches or defaults which, individually, or in the aggregate, would not reasonably be expected to have a Material Adverse Effect on Peak. Furthermore, all real and tangible personal property of Peak and each of the Peak Subsidiaries is in generally good repair and is operational and usable in the manner in which it is currently being utilized, subject to normal wear and tear and technical obsolescence, repair or replacement, except for such property where the failure to be in such condition would not reasonably be expected to have a Material Adverse Effect or Peak.
Title to Properties and Condition of Assets. Except as disclosed in the Disclosure Letter, each of Caza and each Caza Subsidiary has sufficient title (whether in fee simple or equivalent or by means of an exploration, retention, reconnaissance, development or mining permit, right or license), free and clear of any title defect or Lien, to its mineral projects with estimated, measured, indicated or inferred resources, such properties being described in the Disclosure Letter, except for such defects in title or Liens that, individually or in the aggregate, do not have a Material Adverse Effect on Caza or the Caza Subsidiaries that has such title. All tangible personal property of Caza and the Caza Subsidiaries is in generally satisfactory repair and is operational and usable in the manner in which it is currently being utilized, subject to normal wear and tear and technical obsolescence, repair or replacement, except for such property whose failure to be in such condition does not have a Material Adverse Effect on Caza or any of the Caza Subsidiaries. All required permits or registrations necessary to perfect title in and to such assets have been carried out in compliance with applicable law and are in full force and effect, except for any non-compliance that, individually or in the aggregate, does not have a Material Adverse Effect on Caza or any of the Caza Subsidiaries.
Title to Properties and Condition of Assets. Except as disclosed by New Gold, applying customary standards in the mining industry, New Gold has sufficient title to or valid leasehold interests in the New Gold Property to operate such property in the ordinary course and consistent with past practice, free and clear of any title defect or Encumbrance, except for such defects in title or Encumbrances that, individually or in the aggregate, do not have, and would not reasonably be expected to have, a Material Adverse Effect on New Gold. Each lease and agreement granting rights to the New Gold Property is in full force and effect and constitutes a legal, valid and binding agreement of New Gold and New Gold is not in violation or breach of or default under any such lease or agreement except such violations, breaches or defaults which, individually, or in the aggregate, would not reasonably be expected to have a Material Adverse Effect on New Gold. Furthermore, all real and tangible personal property of New Gold is in generally good repair and is operational and usable in the manner in which it is currently being utilized, subject to normal wear and tear and technical obsolescence, repair or replacement, except for such property where the failure to be in such condition would not reasonably be expected to have a Material Adverse Effect on New Gold.
Title to Properties and Condition of Assets. Except as disclosed in the New Gold Public Disclosure Documents, applying customary standards in the mining industry, New Gold either directly or through the New Gold Material Subsidiaries has sufficient title to or valid leasehold interests in the New Gold Material Properties to operate such properties in the ordinary course and consistent with past practice, free and clear of any title defect or Encumbrance, except for such defects in title or Encumbrances that, individually or in the aggregate, do not have, and would not reasonably be expected to have, a Material Adverse Effect on New Gold. Each lease and agreement granting rights to the New Gold Material Properties is in full force and effect and constitutes a legal, valid and binding agreement of New Gold and the New Gold Material Subsidiaries, and neither New Gold nor the New Gold Material Subsidiaries is not in violation or breach of or default under any such lease or agreement except such violations, breaches or defaults which, individually, or in the aggregate, would not reasonably be expected to have a Material Adverse Effect on New Gold. Furthermore, all real and tangible personal property of New Gold or the New Gold Material Subsidiaries, as applicable is in generally good repair and is operational and usable in the manner in which it is currently being utilized, subject to normal wear and tear and technical obsolescence, repair or replacement except for such property where the failure to be in such condition would not reasonably be expected to have a Material Adverse Effect on New Gold.
Title to Properties and Condition of Assets. Except as disclosed in the Western Public Disclosure Documents, applying customary standards in the mining industry, Western either directly or indirectly through the Western Subsidiaries has sufficient title to or valid leasehold interests in the Western Properties to operate such properties in the ordinary course and consistent with past practices, free and clear of any title defect or Encumbrance, except for such defects in title or Encumbrances that, individually or in the aggregate, do not have, and would not reasonably be expected to have, a Material Adverse Effect on Western. Each lease and agreement granting rights to the Western Properties is in full force and effect and constitutes a legal, valid and binding agreement of Western and the Western Subsidiaries and neither Western nor the Western Subsidiaries is in violation of, breach of or default under any such lease or agreement except such violations, breaches or defaults which, individually, or in the aggregate, would not reasonably be expected to have a Material Adverse Effect on Western. Furthermore, all real and tangible personal property of Western and each of the Western Subsidiaries is in generally good repair and is operational and usable in the manner in which it is currently being utilized, subject to normal wear and tear and technical obsolescence, repair or replacement, except for such property where the failure to be in such condition would not reasonably be expected to have a Material Adverse Effect on Western.
Title to Properties and Condition of Assets. Except as disclosed in the Silvermex Disclosure Letter, Silvermex and the Silvermex Material Subsidiaries, collectively, are the holders of record of the Silvermex Properties, and except as set forth in the Silvermex Disclosure Letter, applying customary standards in the mining industry, Silvermex and the Silvermex Material Subsidiaries, collectively, are the owners of a 100% undivided beneficial interest in and to the Silvermex Properties, free and clear of any title defect or Encumbrance, the Silvermex Properties (other than property as to which it is a lessee, in which case it has a valid leasehold interest), such properties being disclosed in the Silvermex Disclosure Letter except for such defects in title or Encumbrances that, individually or in the aggregate, do not have, and would not be reasonably likely to have, a Material Adverse Change or Effect on Silvermex. Furthermore, all real and tangible personal property of each of Silvermex and the Silvermex Material Subsidiaries is in generally good repair and is operational and usable in the manner in which it is currently being utilized, subject to normal wear and tear and technical obsolescence, repair or replacement.
Title to Properties and Condition of Assets. Except as disclosed in the Genco Disclosure Letter, Genco and the Genco Material Subsidiaries, collectively, are the holders of record of the Genco Properties, and except as set forth in the Genco Disclosure Letter, applying customary standards in the mining industry, Genco and the Genco Material Subsidiaries, collectively, are the owners of a 100% undivided beneficial interest in and to the Genco Properties, free and clear of any title defect or Encumbrance, the Genco Properties (other than property as to which it is a lessee, in which case it has a valid leasehold interest), such properties being disclosed in the Genco Disclosure Letter except for such defects in title or Encumbrances that, individually or in the aggregate, do not have, and would not be reasonably likely to have, a Material Adverse Change or Effect on Genco. Furthermore, all real and tangible personal property of each of Genco and the Genco Material Subsidiaries is in generally good repair and is operational and usable in the manner in which it is currently being utilized, subject to normal wear and tear and technical obsolescence, repair or replacement.
Title to Properties and Condition of Assets. (§3.1(q)). Xxxxx owns good and marketable title to its property and assets free and clear of any and all mortgages, liens, pledges, charges, security interests, encumbrances, actions, claims or demands of any nature whatsoever or howsoever arising which would be a Material Adverse Effect with respect to the property or assets of Xxxxx.
Title to Properties and Condition of Assets. Except as disclosed in the Titan Public Disclosure Documents, applying customary standards in the mining industry, the Titan Entities have sufficient title to or valid leasehold interests in the Titan Properties to operate such properties in the ordinary course and consistent with past practice, free and clear of any title defect or Encumbrance, except for such defects in title or Encumbrances that, individually or in the aggregate, do not have, and would not reasonably be expected to have, a Material Adverse Effect on Titan. Each lease and agreement granting rights to the Titan Properties is in full force and effect and constitutes a legal, valid and binding agreement of a Titan Entity and such Titan Entity is not in violation or breach of or default under any such lease or agreement except such violations, breaches or defaults which, individually, or in the aggregate, would not reasonably be expected to have a Material Adverse Effect on Titan. Furthermore, all real and tangible personal property of the Titan Entities is in generally good repair and is operational and usable in the manner in which it is currently being utilized, subject to normal wear and tear and technical obsolescence, repair or replacement except for such property where the failure to be in such condition would not reasonably be expected to have a Material Adverse Effect on Titan.
