Nyrstar definition
Examples of Nyrstar in a sentence
The amount of expense funded by Nyrstar will be subject to the further adjustment contemplated by paragraph (g).
The Purchaser has agreed to purchase all the shares in the Company from Nyrstar on the terms and conditions of a share purchase agreement dated December [ ], 2016 (the “Share Purchase Agreement”) and consequently will, on Completion, become the owner and holder 100 per cent of the issued share capital of the Company.
Nyrstar will permit the Purchaser to review and comment on each such Tax Return (to the extent not filed as of Completion) described in the preceding sentence prior to filing.
In relation to all Tax Returns relating to the period in which Completion occurs, the Purchaser will permit Nyrstar to review and comment on each such Tax Return.
Subject to the terms and conditions of this Agreement, the Purchaser will pay, or will cause the Company to pay, to Nyrstar the earn-out consideration in respect of the Earn-Out Period (the “Earn-Out Consideration”) as additional consideration for the sale of the Company pursuant to the Share Purchase Agreement, which obligations will be guaranteed by GPS in accordance with the Share Purchase Agreement.
The Seller will provide notice to Nyrstar and the same terms in paragraph (c) will apply.
No waiver of any of its rights hereunder, and no modification or amendment of this GPS, shall be deemed to be made by Nyrstar unless the same shall be in writing, duly signed by Nyrstar and each such waiver or modification, if any, shall apply only with respect to the specific instance involved, and shall in no way impair the rights of Nyrstar or the liabilities of GPS hereunder in any other respect or at any other time.
In the event that Nyrstar has not provided funding for the amount of the estimate of the reclamation work in respect of a quarter, as determined and provided for herein, the Purchaser will have the right to cause the Company not to proceed with such reclamation work until such time as payment is received.
Nyrstar will only be responsible for the costs of any re-filing or amendment or any Taxes, penalties and interest arising from such re-filing or amendment, if the re-filing or amendment is necessary to correct an error in the original filing.
If the Governmental Body responds that it does not provide confirmations of that sort, Nyrstar may seek the appointment of an independent professional engineer who will, at Nyrstar’s cost, assess the relevant works and make a decision whether such works have been completed.