Concentrate Agreement definition
Examples of Concentrate Agreement in a sentence
The Lender has received a copy, certified as true and correct by an officer of each of the Obligors, of each approval and consent of any governmental or other regulatory authorities which are necessary for the execution, performance and delivery by it of the Finance Documents to which it is a party and the Concentrate Agreement or confirmation in writing by a duly authorised officer of it that no such consents, authorisations or approvals are required in relation to the Obligors.
The Lender is satisfied that each of the Finance Documents and the Concentrate Agreement are legal, valid, binding and enforceable in accordance with their terms.
Delivery of the Business Sale Concentrate will take place on the Delivery Date, by the Seller continuing to possess the Business Sale Concentrate, on and with effect from the Delivery Date, on behalf of the Purchaser rather than on its own behalf, subject to the further provisions of the Concentrate Agreement.
It being noted that at any time during this period, the Concentrate Agreement may be amended by mutual agreement between the contracting parties.
Thereafter, the Concentrate Agreement will be renewable every 5 years on terms that are agreeable to both Parties.
The Concentrate Agreement constitutes the valid and binding obligations of each Obligor, is in full force and effect and has not been varied or modified in any way or cancelled (save for any variations or modifications made to the Concentrate Agreement with the Lender’s prior written consent), and, to the best of such Obligor’s knowledge (having made all reasonable enquiries), none of the parties thereto are in default thereunder.
Any litigation, arbitration, administrative, governmental, regulatory or other investigations, proceedings or disputes are commenced or threatened in relation to the Finance Documents and/or the Concentrate Agreement or the transactions contemplated therein or against Impala and/or either Obligor or its assets which constitutes a Material Adverse Event.
The Borrower irrevocably and unconditionally undertakes in favour of the Lender that it will not exercise any rights which it has under Concentrate Agreement or any other agreement to request from Impala the delivery of processed Approved Minerals in lieu of payment for any Concentrate delivered to Impala without the prior written consent of the Lender.
Rustenburg Platinum Mines Limited and Richtrau No 177 (Proprietary) Limited shall sign the Sale of Concentrate Agreement, a draft of which is annexed to this addendum, contemporaneously with the signature of this addendum.