Mining Properties. The Mining Properties have been validly granted to and registered in the name of the Borrower, are owned by the Borrower and are in full force and effect and in good standing. Except as set forth in Section 3.7 of the Disclosure Schedule, no Person other than the Borrower and, to the extent provided in the Security Documents, the Administrative Agent, has any right, title or interest in, to or under the Mining Properties or in the property and rights encompassed thereby other than Permitted Liens. Taken as a whole, the Mining Properties are sufficient in duration, scope, content and effect to permit the Borrower to conduct all activities contemplated in the Feasibility Study to be conducted by it over the time periods specified therein.
Mining Properties. Neither the Company nor any of its ----------------- Subsidiaries own any real property or mining interests except as set forth on Schedule 3.8. Set forth on Schedule 3.8 is a complete list of all contracts and permits which represent Global Diamond-SA's and Nabas Diamond's mining properties and interests ("Mining Contracts"). Each of the Mining Contracts is legal, binding and enforceable, is in full force and effect, and grants to the Company or its Subsidiaries, as the case may be, the exclusive right to mine the property interest demised thereunder, except as expressly limited by the terms of the respective Mining Contract and applicable South African law. Except as set forth in the SEC Reports, none of the Mining Contracts will expire or be terminated or be subject to any modification of terms or conditions upon the consummation of the transactions contemplated by this Agreement. All amounts due and payable by the Company or its Subsidiaries under the Mining Contracts have been fully paid. There are no actual or, to the knowledge of the Company, threatened expropriations, interdicts or xxxx proclamations relating to the premises covered by the Mining Contracts, and no claims for restitution of land rights have been lodged under the South African Restitution of Lands Rights Act 20 of 1994 in relation to the premises covered by the Mining Contracts. Nabas Diamonds has all necessary statutory consents to prospect in that area of the Richtersveld National Park covered by the prospecting permit therefor and it has obtained a Section 51(3) permission in terms of the Rural Areas Act 9 of 1987 to prospect in the area covered by the Grasdrif prospecting permit. Except as set forth in the SEC Reports, neither Global Diamond-SA nor Nabas Diamonds is in default in any material respect under the terms of any Mining Contract nor has any event occurred which, with the passage of time or giving of notice, would constitute such a default by Global Diamond-SA or Nabas Diamonds and, to the Company's knowledge, no other party to any such Mining Contract is in default in any material respect thereunder nor has any such event occurred with respect to such party. The Company or its Subsidiaries, as the case may be, has good and valid title to each of the mining interests demised under the Mining Contracts free and clear of any liens or encumbrances, except those set forth in the Mining Contracts and applicable South African law. Except as provided in the SEC Reports, since J...
Mining Properties. The Owner is the exclusive owner of the following mining properties for exploitation, manifestations, and any other rights that arise from said properties that are identified as follows:
Mining Properties. The Mining Properties and the Minerals on such Mining Properties are, to the best of the Borrower's knowledge, having made due and diligent inquiry, held under valid, subsisting and enforceable title documents sufficient to permit the Loan Parties to explore, develop and conduct mining work with the Minerals relating thereto, subject to approval of necessary permits to carry out such activities; all such mining claims have been validly located and recorded in accordance with all applicable laws and are valid and subsisting and no notice to cancel or forfeit a Mining Property has been received by or on behalf of a Loan Party; and the Loan Parties have or are in the process of obtaining (and have no reason to believe they will not obtain in the ordinary course but cannot represent that they will obtain them) all necessary surface rights, access rights and other necessary rights and interests relating to the Mining Properties granting the Loan Parties the right and ability to explore for minerals, ore and metals for development purposes as are appropriate in view of the rights and interest therein of the Loan Parties, with only such exceptions as do not materially interfere with the use made by the Loan Parties of the rights or interests so held.
Mining Properties. The Mining Properties as further described in Exhibit A to this MOU are known as, and include, the following:
Mining Properties. The Mining Properties have been validly granted and recorded in the name of the relevant Obligor, are owned by the relevant Obligor and are in full force and effect. No Person other than the relevant Obligor has any right, title or interest in or to the Mining Properties owned by such Obligor. The Mining Properties are subject to the relevant Obligor’s continued compliance with Applicable Law relating thereto. The Mining Properties give the relevant Obligor the exclusive right to mine or exploit any and all minerals on the areas covered by the relevant Mining Properties. All fees, including without limitation maintenance fees, and other payments due to any Official Body in respect of the Mining Properties have been paid in full on a timely basis except any such fees which are being diligently contested in good faith and for which adequate reserves in accordance with GAAP shall have been set aside on its books or where such non-payment could not be reasonably expected to have a Material Adverse Effect. Other than the Royalties, 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 Properties. Except with respect to the SLW Silver Purchase Agreement, the Sandstorm Gold Purchase Agreement, the Royalties and payments to Official Bodies required pursuant to Applicable Law, no Obligor is a party to, and has no knowledge of, any royalty or similar agreements pursuant to which such Obligor or any other party is obligated to pay to any Person any amount with respect to any of the Mining Properties. Credit Agreement - Primero Mining
Mining Properties. (a) Schedule A attached hereto sets out all of the mining properties that comprise the Cerro Quema Project (the “Properties”). Xxxxxx Cerro Quema is the holder of record of, and is the owner of a 100% undivided beneficial interest in and to its right, title and interest in, all of the Properties, free and clear of all Encumbrances, other than the Permitted Encumbrances.
Mining Properties. (a) Schedule C attached hereto sets out all of the mining properties that comprise the La Libertad Mine (the “Properties”). Except as specified in Schedule C, Desminic is the holder of record of, and is the owner of a 100% undivided beneficial interest in and to its right, title and interest in, all of the Properties, free and clear of all Encumbrances, other than the Permitted Encumbrances.
Mining Properties. Each of the Loan Parties possesses such permits, licenses, approvals, consents and other authorizations issued by a Governmental Agency (collectively, “Governmental Licenses”) necessary to conduct the business now operated by them, except where the failure to so possess, individually or in the aggregate, could not have a Material Adverse Effect. Each of the Loan Parties is in compliance with the terms and conditions of all such Governmental Licenses, except where the failure to so comply could not, individually or in the aggregate, have a Material Adverse Effect.
Mining Properties. 19.1. Title to the Mining Properties shall be held by the Parties in proportion to their Interests as adjusted from time to time. Each of the Parties shall have the right to receive from the Operator, forthwith upon making demand therefor, such documents as it may reasonably require to confirm its Interest.
