Common use of Mining Licenses Clause in Contracts

Mining Licenses. The Mining Licenses have been validly located, staked, filed and recorded in accordance with and as may be required by Applicable Laws in the name of, and are owned by the applicable Subsidiary of the Borrower set forth in the Perfection Certificates and are in full force and effect, except as provided in the Perfection Certificates and /or the Title Opinion, including without limitation the Permitted Exceptions referenced therein, and all other conditions and qualifications set forth therein (collectively, the “Qualifications”). The applicable Company set forth in the Perfection Certificates has good legal and marketable title or possessory rights (as applicable) to the Mining Licenses set forth therein in its name subject only to the paramount title of the United States for federal mining claims and the Qualifications. There is no proceeding or claim pending or, to the Knowledge of the Borrower, threatened (in writing) against any Company with respect to the title to or use of any of the Mining Licenses. Except as disclosed in the Perfection Certificates and subject to the Qualifications, no Person has any right, title or interest in or to the Mining Licenses. The Administrative Agent for the benefit of the Finance Parties pursuant to the Credit Agreement - Solius AcquireCo Security Documents has a Lien on the Mining Licenses upon the execution, delivery and, where required, registration of the Security Documents referenced in Schedule I. The Mining Licenses grant the holders thereof the exclusive right to extract minerals from the areas covered by the Mining Licenses, subject to the Qualifications. Except as disclosed in the Perfection Certificates, all fees, including without limitation maintenance fees, and other payments due to any Official Body in respect of the Mining Licenses have been paid in full on a timely basis, except as would not materially interfere with the use made by the applicable Company of the Mining Licenses. Except as disclosed in the Perfection Certificates, no fees, royalties or other payments payable to any Person other than Official Bodies are or shall become due with respect to any of the Mining Licenses other than as set forth therein. Except as disclosed in the Perfection Certificates, the Borrower has no knowledge of any royalty or similar agreements pursuant to which the holders of the Mining Licenses or any other party are obligated to pay to any Person any amount with respect to each of the Mining Licenses other than as set forth therein.

Mining Licenses. The Mining Licenses have been validly located, staked, filed granted and recorded in accordance with and as may be required by Applicable Laws in the name of, and are owned by the applicable Subsidiary subsidiary of the Borrower set forth in the Perfection Certificates Schedule M and are in full force and effect, except as provided in the Perfection Certificates and /or the Title Opinion, including without limitation the Permitted Exceptions referenced therein, and all other conditions and qualifications set forth therein (collectively, the “Qualifications”). The applicable Company set forth in the Perfection Certificates has good legal and marketable title or possessory rights (as applicable) to the Mining Licenses set forth therein in its name subject only to the paramount title of the United States for federal mining claims and the Qualifications. There is no proceeding or claim pending or, to the Knowledge of the Borrower, threatened (in writing) against any Company with respect to the title to or use of any of the Mining Licenses. Schedule M. Except as disclosed in the Perfection Certificates and subject to the QualificationsSchedule M, no Person has any right, title or interest in or to the Mining Licenses. The Administrative Agent for the benefit of the Finance Parties pursuant to the Credit Agreement - Solius AcquireCo Security Documents referred to as, without limitation, B(4), (6), (8), (10), (12) and (14) of Schedule J has or will have, subject to Section 11.1(u), a Lien on the Mining Licenses upon the execution, delivery and, where required, registration in Mexico of the such Security Documents referenced in Schedule I. Documents. The Mining Licenses grant the holders thereof the exclusive right to extract minerals from the areas covered by the Mining Licenses, subject to clauses (b), (c), (e)-(g), (h) - (k) or (m) of the Qualificationsdefinition of Permitted Liens. Except as disclosed in Schedule M and other than any de minimis taxes and fines which do not in the Perfection Certificatesaggregate exceed $100,000, all fees, including without limitation maintenance fees, and other payments due to any Official Body in respect of the Mining Licenses have been paid in full on a timely basis, except as would not materially interfere with the use made by the applicable Company of the Mining Licenses. Except as disclosed in the Perfection CertificatesSchedule M, no fees, royalties or other payments payable to any Person other than Official Bodies are or shall become due with respect to any of the Mining Licenses other than as set forth therein. Except as disclosed in the Perfection CertificatesSchedule M, the Borrower has no knowledge of any royalty or similar agreements pursuant to which the holders of the Mining Licenses or any other party are obligated to pay to any Person any amount with respect to each of the Mining Licenses other than as set forth therein. Minera Plata's failure to maintain in good standing the concessions at the Guanacevi Project known as "La Brisa", "Elyzabeth" and "Xx Xxxxxxxxx" have no effect on the Minera Plata's day-to-day mineral extraction activities thereat.

Mining Licenses. The Mining Licenses have been validly located, staked, filed and recorded in accordance with and as may be required by Applicable Laws in the name of, and are owned by the applicable Subsidiary of the Borrower Equinox set forth in the Perfection Certificates and are in full force and effect, except as provided in the Perfection Certificates and /or the Title OpinionOpinions, including without limitation the Permitted Exceptions referenced therein, and all other conditions and qualifications set forth therein (collectively, the “Qualifications”). The applicable Company Obligor set forth in the Perfection Certificates has good legal and marketable title or possessory rights (as applicable) to the Mining Licenses set forth therein in its name subject only to the paramount title of the United States for federal mining claims and the Qualifications. There is no proceeding or claim pending or, to the Knowledge of the BorrowerEquinox, threatened (in writing) against any Company Obligor with respect to the title to or use of any of the Mining Licenses. Except as disclosed in the Perfection Certificates and subject to the Qualifications, no Person has any right, title or interest in or to the Mining Licenses. The Administrative Agent for the benefit of the Finance Parties pursuant to the Credit Agreement - Solius AcquireCo Security Documents has a Lien on the Mining Licenses upon the execution, delivery and, where required, registration of the Security Documents (or the Confirmation thereof) referenced in Schedule I. The Mining Licenses grant the holders thereof the exclusive right to extract minerals from the areas covered by the Mining Licenses, subject to the Qualifications. Except as disclosed in the Perfection Certificates, all fees, including without limitation maintenance fees, and other payments due to any Official Body in respect of the Mining Licenses have been paid in full on a timely basis, except as would not materially interfere with the use made by the applicable Company Obligor of the Mining Licenses. Except as disclosed in the Perfection Certificates, no fees, royalties or other payments payable to any Person other than Official Bodies are or shall become due with respect to any of the Mining Licenses other than as set forth therein. Except as disclosed in the Perfection Certificates, the neither Borrower has no knowledge of any royalty or similar agreements pursuant to which the holders of the Mining Licenses or any other party are obligated to pay to any Person any amount with respect to each of the Mining Licenses other than as set forth therein.

Mining Licenses. The Mining Licenses have been validly located, staked, filed granted and recorded in accordance with and as may be required by Applicable Laws in the name of, and are owned by the applicable Subsidiary subsidiary of the Borrower set forth in the Perfection Certificates Schedule M and are in full force and effect, except as provided in the Perfection Certificates and /or the Title Opinion, including without limitation the Permitted Exceptions referenced therein, and all other conditions and qualifications set forth therein (collectively, the “Qualifications”). The applicable Company set forth in the Perfection Certificates has good legal and marketable title or possessory rights (as applicable) to the Mining Licenses set forth therein in its name subject only to the paramount title of the United States for federal mining claims and the Qualifications. There is no proceeding or claim pending or, to the Knowledge of the Borrower, threatened (in writing) against any Company with respect to the title to or use of any of the Mining Licenses. Schedule M. Except as disclosed in the Perfection Certificates and subject to the QualificationsSchedule M, no Person has any right, title or interest in or to the Mining Licenses. The Administrative Agent for the benefit of the Finance Parties pursuant to the Credit Agreement - Solius AcquireCo Security Documents referred to as, without limitation, B(5), (7), (9), (12), (14) and (17) of Schedule Schedule M has or will have, subject to Section 11.1(u), a Lien on the Mining Licenses upon the execution, delivery and, where required, registration in Mexico of the such Security Documents referenced in Schedule I. Documents. The Mining Licenses grant the holders thereof the exclusive right to extract minerals from the areas covered by the Mining Licenses, subject to clauses (b), (c), (e)-(g), (h) - (k) or (m) of the Qualificationsdefinition of Permitted Liens. Except as disclosed in Schedule M and other than any de minimis taxes and fines which do not in the Perfection Certificatesaggregate exceed $100,000, all fees, including without limitation maintenance fees, and other payments due to any Official Body in respect of the Mining Licenses have been paid in full on a timely basis, except as would not materially interfere with the use made by the applicable Company of the Mining Licenses. Except as disclosed in the Perfection CertificatesSchedule M, no fees, royalties or other payments payable to any Person other than Official Bodies are or shall become due with respect to any of the Mining Licenses other than as set forth therein. Except as disclosed in the Perfection CertificatesSchedule M, the Borrower has no knowledge of any royalty or similar agreements pursuant to which the holders of the Mining Licenses or any other party are obligated to pay to any Person any amount with respect to each of the Mining Licenses other than as set forth therein. Minera Plata’s failure to maintain in good standing the concessions at the Guanacevi Project known as “La Brisa”, “Elyzabeth” and “Xx Xxxxxxxxx” have no effect on the Minera Plata’s day-to-day mineral extraction activities thereat.

Mining Licenses. The Mining Licenses necessary for the Mining Operations, as of the relevant date this representation is made and necessary for the maintaining and preserving the rights of the relevant Subject Entities, have been validly located, staked, filed granted and recorded in accordance with and as may be required by Applicable Laws in the name of, and are owned by the applicable Subsidiary of the Borrower set forth in the Perfection Certificates Certificate and are in full force and effect, except as provided in the Perfection Certificates and /or the Title Opinion, including without limitation the Permitted Exceptions referenced therein, and all effect (other conditions and qualifications set forth therein (collectively, the “Qualifications”). The applicable Company set forth in the Perfection Certificates than any Mining License which by its terms has good legal and marketable title or possessory rights (as applicable) to the Mining Licenses set forth therein in its name subject only to the paramount title of the United States for federal mining claims and the Qualifications. There is no proceeding or claim pending or, to the Knowledge of the Borrower, threatened (in writing) against any Company expired but with respect to which an application for its renewal has been submitted prior to such expiry date or an application for its renewal has not been submitted as the title Subject Entity has determined that exploration results on the applicable property are not economically sufficient to or use of any of the Mining Licenses. Except as disclosed in the Perfection Certificates and subject to the Qualifications, no Person has any right, title or interest in or to the Mining Licensesmerit renewal). The Administrative Agent for the benefit of the Finance Parties pursuant to the Credit Agreement - Solius AcquireCo Security Documents has or will have a Lien in its favour on the Mining Licenses upon the execution, delivery and, where required, registration of the Security Documents referenced in Schedule I. The Mining Licenses grant the holders thereof the exclusive right to extract minerals from the areas covered by the Mining Licenses, subject to Licenses in accordance with the Qualificationsrespective terms and conditions thereof and applicable thereto. Except as disclosed in the Perfection CertificatesCertificate, as such disclosure may be updated from time to time to the extent required pursuant to Section 11.1(b)(iii): (i) no Person has any material right, title or interest in or to the Mining Licenses other than Permitted Liens; (ii) except for Permitted Liens, all fees, including without limitation maintenance fees, and other payments due to any Official Body in respect of the Mining Licenses have been paid in full on a timely basis, except as would not materially interfere with the use made by the applicable Company Subject Entity of the Mining Licenses. Except as disclosed in the Perfection Certificates, ; (iii) no fees, royalties or other similar payments payable to any Person other than Official Bodies are or shall become due with respect to any of the Mining Licenses other than as set forth therein. Except as disclosed in the Perfection Certificates, the Borrower has no knowledge of any royalty or similar agreements pursuant to which the holders of the Mining Licenses or any other party are obligated to pay to any Person any amount with respect to each of the Mining Licenses other than as set forth therein.