Conversion of Interest. If at any time the Participating Interest of a Participant is reduced to ten percent (10%) or less by an affirmative election not to contribute all or some portion of its share pursuant to a Program and Budget as provided in Article 9, the diluted Participant shall be deemed to have withdrawn from the Venture and this Agreement shall terminate; provided, however, the diluting Participant shall have the right to receive through the 2.5% Net Smelter Return Royalty, as set out in Schedule C, and not from any other source, an amount equal to one hundred and fifteen percent (115%) of the diluting Participant's actual or deemed expenditures contributed hereunder, whichever expenditure is greater. Upon receipt of such amount the diluting Participant shall thereafter have no further right, title, or interest under this Agreement or in the Assets.
Appears in 2 contracts
Sources: Joint Venture Agreement (Trend Mining Co), Joint Venture Agreement (Aurora Metals Bvi LTD)