Existing Royalty definition
Examples of Existing Royalty in a sentence
If any Existing Royalty is other than a net smelter returns royalty, then the Members shall negotiate in good faith to agree on an equivalent value net smelter returns royalty for purposes of determining the amount of such Existing Royalty that is netted pursuant to clause (B) above.
Except as may arise under or pursuant to the Existing Royalty Agreements, the Borrower will not allow Marigold Mining Company to, create or suffer to exist any royalty, overriding royalty, production payment or other interest with respect to the Marigold Project.
Sections 9.2, 9.3, 9.4, 9.7(b)-(d), 9.8, 9.9, 9.11, 9.12, 9.13 and 9.14 of the Existing Royalty Purchase Agreement are hereby incorporated by reference into this Amendment, mutatis mutandis, and the parties hereto hereby agree that such provisions shall apply to this Amendment with the same force and effect as if set forth herein in their entirety.
The Borrower shall not permit Marigold Mining Company to amend or modify the Existing Royalty Agreements in any manner that increases or accelerates (or may potentially increase or accelerate) its liabilities thereunder; provided that the UNR Lease may be amended to allow for an increased upfront payment or annual instalment payments (or any combination thereof) in an aggregate amount of not more than U.S.$30,000,000 in return for a decrease in the production royalty.
To the extent a Development Project includes a Royalty Product, the Royalty Product will be added to the written Royalty Product list at that time, either as an Existing Royalty Product or a New Royalty Product.
The summary for each Approved Development Concept will include the date of approval (the “Development Concept Approval Date”), description of the Approved Development Concept, any potential Royalty Products that could result from the Approved Development Concept and whether such Royalty Products would be Existing Royalty Products or New Royalty Products.
On Closing, Argonaut and Richmont shall assume full financial responsibility for payment of the Existing Royalties and shall indemnify and hold harmless each other from and against their obligations to pay the Existing Royalties to the Existing Royalty Holders pursuant to the provisions of the Existing Agreements.
Taisho shall bear all associated costs and expenses (including attorneys' fees) incurred after the execution of this Agreement and pay all damages and settlement amounts with respect to the making, having made, using, selling or having sold NBI-6024 in the Licensed Territory other than those with respect to Existing Royalty Obligation Patent Rights by the holders of those rights, which shall be borne by Neurocrine.
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To the extent any term or provision of this Amendment conflicts with any term or provision of the Existing Royalty Right Agreement, the terms and provisions of this Amendment shall control.