Common use of Warranties by the Seller Clause in Contracts

Warranties by the Seller. 14.1 The Seller hereby warrants to and in favour of the Purchaser that – 14.1.1 the Seller is the sole and beneficial owner of the Sale Assets (other than the Surface Right Permits) and the Liquidators have the right and are able to sell and give free and unencumbered title to the Sale Assets to the Purchaser; 14.1.2 the Seller is the beneficial holder of the Surface Right Permits, same being registered in the name of Free State Consolidated Gold Mines (Operations) Limited, and the Seller and the Liquidators will use their best endeavours to give free and unencumbered title to the Surface Right Permits to the Purchaser; and 14.1.3 subject to the fulfilment of the Conditions Precedent, no person has any right (whether pursuant to any option, right of first refusal or otherwise) to purchase or acquire (whether as security or otherwise) any of the Sale Assets other than the right to purchase trading stock in the normal course of business for value. 14.2 Each Warranty will - 14.2.1 be a separate Warranty and will in no way be limited or restricted by reference to or inference from the terms of any other Warranty or by any other words in this Agreement; 14.2.2 unless the context indicates a contrary intention, be given as at the Signature Date and the Effective Date; and 14.2.3 continue and remain in force notwithstanding the completion of the Sale. 14.3 It is recorded that the Purchaser has entered into this Agreement on the strength of the Warranties and on the basis that the Warranties will be correct on the Signature Date and the Effective Date. 14.4 Save for the Warranties and representations expressly given or made in this Agreement, no warranties or representations are given or made, in respect of the Sale Assets, or any other matter whatsoever, whether express, tacit or implied, and the Sale Assets are being sold on a voetstoots basis.

Warranties by the Seller. 14.1 18.1 The Seller hereby warrants to and in favour of the Purchaser that –— 14.1.1 18.1.1 the Seller is the sole and beneficial owner of the Sale Assets (other than the Surface Right Permits) and the Liquidators have the right and are able to sell and give free and unencumbered title to the Sale Assets to the Purchaser; 14.1.2 18.1.2 the Seller is the beneficial holder of the Surface Right Permits, same being registered in the name of Free State Consolidated Gold Mines (Operations) Limited, and the Seller and the Liquidators will use their best endeavours to give free and unencumbered title to the Surface Right Permits to the Purchaser; and 14.1.3 18.1.3 subject to the fulfilment of the Conditions Precedent, no person has any right (whether pursuant to any option, right of first refusal or otherwise) to purchase or acquire (whether as security or otherwise) any of the Sale Assets other than the right to purchase trading stock in the normal course of business for value. 14.2 18.2 Each Warranty will -— 14.2.1 18.2.1 be a separate Warranty and will in no way be limited or restricted by reference to or inference from the terms of any other Warranty or by any other words in this Agreement; 14.2.2 18.2.2 unless the context indicates a contrary intention, be given as at the Signature Date and the Effective Date; and 14.2.3 18.2.3 continue and remain in force notwithstanding the completion of the Sale. 14.3 18.3 It is recorded that the Purchaser has entered into this Agreement on the strength of the Warranties and on the basis that the Warranties will be correct on the Signature Date and the Effective Date. 14.4 18.4 Save for the Warranties and representations expressly given or made in this Agreement, no warranties or representations are given or made, in respect of the Sale Assets, or any other matter whatsoever, whether express, tacit or implied, and the Sale Assets are being sold on a voetstoots basis.

Warranties by the Seller. 14.1 18.1 The Seller hereby warrants to and in favour of the Purchaser that –— 14.1.1 18.1.1 the Seller is the sole and beneficial owner of the Sale Assets (other than the Surface Right Permits) and the Liquidators have the right and are able to sell and give free and unencumbered title to the Sale Assets to the Purchaser; 14.1.2 18.1.2 the Seller is the beneficial holder of the Surface Right Permits, same being registered in the name names of Free State Consolidated Gold Mines (Operations) Limited or Freddies Consolidated Mines Limited, as the case may be, and the Seller and the Liquidators will use their best endeavours to give free and unencumbered title to the Surface Right Permits to the Purchaser; and 14.1.3 18.1.3 subject to the fulfilment of the Conditions Precedent, no person has any right (whether pursuant to any option, right of first refusal or otherwise) to purchase or acquire (whether as security or otherwise) any of the Sale Assets other than the right to purchase trading stock in the normal course of business for value. 14.2 18.2 Each Warranty will -— 14.2.1 18.2.1 be a separate Warranty and will in no way be limited or restricted by reference to or inference from the terms of any other Warranty or by any other words in this Agreement; 14.2.2 18.2.2 unless the context indicates a contrary intention, be given as at the Signature Date and the Effective Date; and 14.2.3 18.2.3 continue and remain in force notwithstanding the completion of the Sale. 14.3 18.3 It is recorded that the Purchaser has entered into this Agreement on the strength of the Warranties and on the basis that the Warranties will be correct on the Signature Date and the Effective Date. 14.4 18.4 Save for the Warranties and representations expressly given or made in this Agreement, no warranties or representations are given or made, in respect of the Sale Assets, or any other matter whatsoever, whether express, tacit or implied, and the Sale Assets are being sold on a voetstoots basis.

Warranties by the Seller. 14.1 16.1 The Seller hereby warrants to and in favour of the Purchaser that –— 14.1.1 16.1.1 the Seller is the sole and beneficial owner of the Sale Assets (other than the Surface Right Permits) and the Liquidators have the right and are able to sell and give free and unencumbered title to the Sale Assets to the Purchaser; 14.1.2 16.1.2 the Seller is the beneficial holder of the Surface Right Permits, same being registered in the name of Free State Consolidated Gold Mines (Operations) Limited, and the Seller and the Liquidators will use their best endeavours to give free and unencumbered title to the Surface Right Permits to the Purchaser; and 14.1.3 16.1.3 subject to the fulfilment of the Conditions Precedent, no person has any right (whether pursuant to any option, right of first refusal or otherwise) to purchase or acquire (whether as security or otherwise) any of the Sale Assets other than the right to purchase trading stock in the normal course of business for value. 14.2 16.2 Each Warranty will -— 14.2.1 16.2.1 be a separate Warranty and will in no way be limited or restricted by reference to or inference from the terms of any other Warranty or by any other words in this Agreement; 14.2.2 16.2.2 unless the context indicates a contrary intention, be given as at the Signature Date and the Effective Date; and 14.2.3 16.2.3 continue and remain in force notwithstanding the completion of the Sale. 14.3 16.3 It is recorded that the Purchaser has entered into this Agreement on the strength of the Warranties and on the basis that the Warranties will be correct on the Signature Date and the Effective Date. 14.4 16.4 Save for the Warranties and representations expressly given or made in this Agreement, no warranties or representations are given or made, in respect of the Sale Assets, or any other matter whatsoever, whether express, tacit or implied, and the Sale Assets are being sold on a voetstoots basis.