Common use of Reacquisition Clause in Contracts

Reacquisition. If any Properties are abandoned or surrendered under the provisions of this Article XII, then, unless this Agreement is earlier terminated, neither Member nor any Affiliate thereof shall acquire any interest in such Properties or a right to acquire such Properties for a period of two years following the date of such abandonment or surrender. If a Member reacquires any Properties in violation of this Section 12.3, the other Member may elect by notice to the reacquiring Member within 45 days after it has actual notice of such reacquisition, to have such properties made subject to the terms of this Agreement and transferred, without charge, to the Company. In the event such an election is made, the reacquired properties shall thereafter be treated as Properties, and the costs of reacquisition shall be borne solely by the reacquiring Member and shall not be included for purposes of calculating the Members' respective Ownership Interests.

Appears in 4 contracts

Samples: Technical Services Agreement (U S Gold Corp), Members Agreement (U S Gold Corp), Operating Agreement (U S Gold Corp)

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Reacquisition. If any Properties are abandoned or Property is surrendered under the provisions of this Article XII13, then, unless this Agreement is earlier terminated, neither Member Participant nor any Affiliate thereof shall acquire any interest in such Properties Property or a right to acquire such Properties Property for a period of two years following the date of such abandonment or surrender. If a Member Participant reacquires any Properties Property in violation of this Section 12.313.2, the other Member Participant may elect by notice to the reacquiring Member Participant within 45 forty-five (45) days after it has actual notice of such reacquisition, to have such properties Property made subject to the terms of this Agreement and transferred, without charge, to the CompanyAgreement. In the event such an election is made, the reacquired properties shall thereafter be treated as PropertiesProperty, and the costs of reacquisition shall be borne solely pro rata by the reacquiring Member Participants and shall not be included for purposes of calculating the MembersParticipants' respective Ownership Participating Interests.

Appears in 2 contracts

Samples: Joint Venture Agreement (Idaho Consolidated Metals Corp), Joint Development Agreement (Idaho Consolidated Metals Corp)

Reacquisition. If any Properties are abandoned or surrendered under the provisions of this Article XII13, then, unless this Agreement is earlier terminated, the neither the surrendering Member nor any Affiliate thereof of its Affiliates shall acquire any interest in such Properties or a right to acquire such Properties for a period of two years one (1) year following the date of such abandonment or surrender. If a Member reacquires any Properties in violation of this Section 12.313.2, the other Member may elect by notice Notice to the reacquiring Member within 45 forty-five (45) days after it has actual notice of such reacquisition, to have such properties conveyed to the Company and made subject to the terms of this Agreement and transferred, without charge, to the CompanyAgreement. In the event such an election is made, the reacquired properties shall thereafter be treated as Properties, and the costs of reacquisition shall be borne solely by the reacquiring Member and shall not be included for purposes of calculating the Members' respective Ownership Interests.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Hecla Mining Co/De/)

Reacquisition. If any Properties are all or part of the Property is abandoned or surrendered under the provisions of this Article XII15 to a third party, then, then unless this Agreement is earlier terminated, and except as provided for assignment to an objecting Member in Section 15.2, neither Member nor any Affiliate thereof shall acquire any interest in such Properties or a right to acquire such Properties Property for a period of two years following the date of such abandonment or surrender. If a Member reacquires any Properties the Property in violation of this Section 12.315.3, the other Member may elect by notice to the reacquiring Member Member, within 45 days after it has actual notice of such reacquisition, to have such properties made subject to the terms of this Agreement and transferred, without charge, to the CompanyAgreement. In the event such an election is made, the reacquired properties shall will thereafter be treated as Propertiespart of the Property, and the costs of reacquisition shall be borne solely by the reacquiring Member and shall not be included for purposes of calculating the Members' respective Ownership Participating Interests.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Minera Andes Inc /Wa)

Reacquisition. If any Properties are abandoned or surrendered under the provisions of this Article XIIXIV, then, unless this Agreement is earlier terminated, neither Member nor any Affiliate thereof shall acquire any interest in such Properties or a right to acquire such Properties for a period of two years following the date of such abandonment or surrender. If a Member reacquires any Properties in violation of this Section 12.314.2, the other Member may elect by notice to the reacquiring Member within 45 days after it has actual notice of such reacquisition, to have such properties made subject to the terms of this Agreement and transferred, without charge, contributed to the Company. In the event such an election is made, the reacquired properties shall thereafter be treated as Properties, and the costs of reacquisition shall be borne solely by the reacquiring Member and required to contribute such Properties to the Company, but shall not be included credited to the Capital Account of the contributing member or taken into account for purposes of calculating the Members' ’ respective Ownership Interests.Percentage Interests.35

Appears in 1 contract

Samples: Limited Liability Company Agreement

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Reacquisition. If any Properties are abandoned or surrendered under the provisions of this Article XII, then, unless this Agreement is earlier terminated, neither Member nor a Participant or any Affiliate thereof of its Affiliates shall not acquire any interest in such Properties or a right to acquire such Properties for a period of two years following the date of such abandonment or surrender. If a Member Participant reacquires any Properties in violation of this Section 12.3provision, the other Member Participant may elect by notice to the reacquiring Member Participant within 45 forty-five (45) days after it has actual notice of such reacquisition, to have such properties made subject to the terms of this Agreement and transferred, without charge, to the CompanyAgreement. In the event such an election is made, the reacquired properties shall thereafter be treated as Properties, and the costs of reacquisition shall be borne solely by the reacquiring Member Participant and shall not be included for purposes of calculating the MembersParticipants' respective Ownership Participating Interests.. SECTION

Appears in 1 contract

Samples: Kennecott Agreement (Golden Phoenix Minerals Inc /Fa/)

Reacquisition. If any Properties are abandoned or surrendered under the provisions of this Article XIIXIII, then, unless this Agreement is earlier terminated, neither Member nor any Affiliate thereof shall acquire any interest in such Properties or a right to acquire such Properties for a period of two (2) years following the date of such abandonment or surrender. If a Member reacquires any Properties in violation of this Section 12.313.2, the other Member may elect by notice to the reacquiring Member within 45 forty-five (45) days after it has actual notice of such reacquisition, to have such properties made subject to the terms of this Agreement and transferred, without charge, contributed to the Company. In the event such an election is made, the reacquired properties shall thereafter be treated as Properties, and the costs of reacquisition shall be borne solely by the reacquiring Member and required to contribute such Properties to the Company, but shall not be included credited to the Capital Account of the contributing member or taken into account for purposes of calculating the Members' ’ respective Ownership Percentage Interests.

Appears in 1 contract

Samples: Limited Liability Company Agreement (General Moly, Inc)

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