Surety Arrangements. (a) The Members acknowledge that (i) as of the date of this Agreement, there are outstanding Surety Arrangements provided by the Members or their Affiliates prior to the date of this Agreement that relate to the Barrick Contributed Assets or the Newmont Contributed Assets that have not been released or discharged, as described on attached Schedule K (each a “Legacy Surety Arrangement”), and (ii) the Legacy Surety Arrangements are subject to Section 5.15 of the Implementation Agreement, governing the substitution of such Legacy Surety Arrangements with Surety Arrangements provided by the Nevada JV or the implementation of alternative arrangements in the event substitution of any Legacy Surety Arrangement is not so substituted within one year following the date of this Agreement.
Surety Arrangements. The Acquiror acknowledges the list of Surety Arrangements set forth on Schedule 5.09(c) to the Parent's Disclosure Letter. The Acquiror agrees to use all commercially reasonable efforts prior to the Closing Date to substitute the credit of the Acquiror or a Subsidiary of the Acquiror for that of the Parent or the Retained Subsidiary of the Parent in each such Surety Arrangement, such substitution to take effect at the First Closing. The Acquiror agrees that it will, from and after the Closing Date, indemnify and hold the Parent and each Retained Subsidiary harmless from and against any and all losses, claims and damages arising from any Surety Arrangement extant at the First Closing and, to the extent that the Acquiror is not able to effect such a substitution prior to the Closing Date, the Acquiror also agrees (a) to continue to use, and to cause each Buyer to use, its commercially reasonable efforts thereafter to effect such a substitution with respect to each Surety Arrangement and (b) to provide to the Parent at the First Closing a letter of credit issued by a responsible commercial bank reasonably acceptable to the Parent against which the Parent and the Retained Subsidiaries may draw to the extent of any loss or damage they may incur or suffer as a result of being required to perform any obligations under any Surety Arrangements from and after the Closing Date.
Surety Arrangements. (a) XxXxxx will assume responsibility for providing financial assurance for the Closure Plans with regard to the Acquired Properties from and after the Closing Time.
Surety Arrangements. Schedule 4.14 describes all Surety Arrangements maintained by the Company, Seller or any Affiliate of Seller with respect to the operation, closure, Reclamation or remediation of all owned, leased or operated properties of the Company or Rock Creek, including the Hollister Mine and the Xxxxxxxxx Mine (collectively, “Seller Surety Arrangements”). The Governmental Authorities have not called on the Seller Surety Arrangements. Rock Creek does not maintain any Surety Arrangements.
Surety Arrangements. Buyer shall arrange for and provide substitute Surety Arrangements for each of the Seller Surety Arrangements in form and amount acceptable to each of the Governmental Authorities that hold or are benefitted by the Seller Surety Arrangements, to be tendered as soon as practicable after the Closing Date and in any event within 120 days of the Closing Date. Buyer shall use its commercially reasonable efforts to obtain the final release and return to Seller of the Seller Surety Arrangements within 60 days of the Closing Date.
Surety Arrangements. (a) Xxxxxxxx and Legendary agree that Xxxxxxxx may, within forty-five (45) days of the Closing, provide to Legendary a request (a “Return of Financial Assurance Monies Request”) to the ENDM for the return of Legendary Financial Assurance monies held in association with the Closure Plan, including a response to comments contained in inspection reports for the property from ENDM and the Ministry of Environment, Conservation and Parks in 2017. If so provided within such time period, Legendary shall promptly submit the Return of Financial Assurance Monies Request (or authorize Tartisan to do so on its behalf) to the ENDM, and Tartisan shall provide Legendary with reasonable commercial assistance and support and enable it to address any requests or requirements of the ENDM in responding to the Return of Financial Assurance Monies Request. All reasonable costs and expenses incurred by each of Tartisan or Legendary in connection with the preparation of the Return of Financial Assurance Monies Request submissions and support of the Return of Financial Assurance Monies Request shall be borne entirely by Tartisan.
Surety Arrangements. 47 Section 9.04. Dresser Valve Division Contracts.......................... 47 ARTICLE X MUTUAL COVENANTS
Surety Arrangements. 56 5.5 Supplemental Programs and Budgets. .......................................................................... 57 5.6 Member Contributions. .................................................................................................. 58 5.7 Procedures Related to Programs and Budgets and Funding Plans. .............................. 58
Surety Arrangements. As soon as practicable after Closing, Buyer shall post letters of credit or other financial assurances to suppliers under Contracts as necessary to release Seller or its affiliates from or to terminate the letters of credit or other financial surety arrangements listed in Schedule 3.01(j) but only as to transactions conducted by or for the benefit of Buyer after the Effective Date. As soon as practicable after Closing, Buyer also shall substitute those bonds posted by Seller to any agency or taxing authority in connection with the operation of the Assets, as set forth in Schedule 3.01(j), with surety bonds or other acceptable financial assurance.
Surety Arrangements. Schedule 4.11 describes all Surety Arrangements maintained by the Seller or any Affiliate of the Seller including with respect to the operation, closure, Reclamation or remediation of the Properties (collectively, Seller Surety Arrangements).
