For Other Minerals Sample Clauses

For Other Minerals. “Net Smelter Returns”, in the case of all Minerals other than Precious Metals, and the beneficiated products thereof (“Other Minerals”), shall be determined by multiplying (a) the gross amount of the particular Other Mineral contained in the Monthly Production delivered to the Payor during the preceding calendar month by (b) the average of the New York Commodities Exchange final daily spot prices reported for the preceding calendar month of the appropriate Other Mineral, and subtracting from the product of sections 1.4(a) and 1.4(b) only the following if actually incurred: (i) charges imposed by the Payor for smelting, refining or processing Other Minerals contained in such production, but excluding any and all charges and costs related to the Operator’s or any of its affiliates’ ▇▇▇▇▇ or other processing plants constructed for the purpose of milling or processing Other Minerals, in whole or in part; (ii) penalty, assaying, and sampling charges imposed by the Payor for smelting, refining, or processing Other Minerals, contained in such production, but excluding any and all charges and costs related to the Operator’s or any of its affiliates’ ▇▇▇▇▇ or other processing plants constructed for the purpose of milling or processing Other Minerals, in whole or in part; (iii) charges and costs, if any, for transportation and insurance of Other Minerals and the beneficiated products thereof from the Operator’s or any of its affiliates’ final mill or other final processing plant to places where such Other Minerals are smelted, refined and/or sold or otherwise disposed of; and (iv) all taxes based directly on or assessed against the value or quantity of Minerals or their sale or production and which are paid by the Operator, net of any rebate, credit or refund which the Operator has received or to which it is entitled, but excluding any and all taxes based upon the net or gross income or outstanding capital of the Operator or other Operator of the Sagar Property. If for any reason the New York Commodities Exchange does not report spot pricing for a particular Other Mineral, then the Parties shall mutually agree upon an appropriate pricing mechanism that accurately reflects the market value of any such Other Mineral.
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For Other Minerals. Net Smelter Returns, in the case of Other Minerals, shall be determined by multiplying (i) the Monthly Production by (ii) the average of the New York Commodities Exchange final daily spot prices for the preceding calendar month of the appropriate Other Mineral, and subtracting from the product of (i) and (ii) only the following if actually incurred: (a) charges imposed by the Payor for smelting, refining or processing Other Minerals contained in the Monthly Production, but excluding any and all charges and costs related to Operator’s ▇▇▇▇▇ or other final processing plants constructed for the purpose of milling or processing Other Minerals, in whole or in part; and (b) penalty substance, assaying, and sampling charges imposed by the Payor for smelting, refining, or processing Other Minerals contained in the Monthly Production, but excluding any and all charges and costs of or related to Operator’s ▇▇▇▇▇ or other final processing plants constructed for the purpose of milling or processing Other Minerals, in whole or in part; (c) the net amount of mining and severance taxes assessed directly on the production of Other Minerals, but excluding without limitation all such taxes paid directly by Franco and any and all taxes based upon (i) the net or gross income of the Operator and (ii) the value of the Property or the privilege of doing business, and other similarly based taxes; (d) all reasonable transportation costs to a smelter, mint or refinery including, without restricting the generality of the foregoing, any and all costs of insurance in respect thereto; and (e) costs and expenses of marketing, if any. In the event smelting, refining, or processing of Other Minerals are carried out in custom toll facilities owned or controlled, in whole or in part, by Operator, which facilities were not constructed for the purpose of milling or processing Precious Metals or Other Minerals, then charges, costs and penalties for such smelting, refining or processing shall mean the amount Operator would have incurred if such smelting, refining or processing were carried out at facilities not owned or controlled by Operator then offering comparable services for comparable products on prevailing terms, but in no event greater than actual costs incurred by Operator with respect to such smelting and refining. In the event Operator receives insurance proceeds for loss of production, Operator shall pay to Franco the Royalty percentage of any such insurance proceeds which are recei...
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For Other Minerals. “Net Smelter Returns”, in the case of all Minerals other than Precious Metals and the beneficiated products thereof (“Other Minerals”), shall be determined by multiplying (i) the gross amount of the particular Other Mineral contained in the Monthly Production and delivered to the Payor by (ii) the average of the New York Commodities Exchange final daily spot prices of the appropriate Other Mineral for the Delivery Month, and subtracting from the product of (i) and (ii) only the following if actually incurred:
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For Other Minerals. Net Smelter Returns, in the case of all minerals other than Precious Metals and the beneficiated products thereof, hereinafter, Other Minerals, shall be determined by multiplying:
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For Other Minerals. Gross Bullion Royalty" or "GBR", in the case of all metals, minerals, mineral substances, and the beneficiated products thereof, which are not or do not contain economically recoverable Precious Metals ("Other Minerals"), means the gross spot price of the appropriate Other Mineral (New York Commodities Exchange) on the day the Payor makes payment to or otherwise credits the account of Grantor.
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For Other Minerals. In the case of all metals, minerals, mineral substances, and the beneficiated products thereof, which are not or do not contain economically recoverable Precious Metals ("Other Minerals"), means the gross spot price of the appropriate Other Mineral (New York Commodities Exchange) on the day the Payor makes payment to or otherwise credits the account of Grantor.
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For Other Minerals. Gross Bullion Royalty" or "GBR", in the case of all metals, minerals, mineral substances, and the beneficiated products thereof, which are not or do not contain economically recoverable Precious Metals ("Other Minerals"), means the gross spot price of the appropriate Other Mineral (New York Commodities Exchange) on the day the Payor makes payment to or otherwise credits the account of Grantor.
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Related to For Other Minerals

  • Gas Imbalances, Take-or-Pay or Other Prepayments The Borrower will not, and will not permit any Restricted Subsidiary to, allow gas imbalances, take-or-pay or other prepayments with respect to the Oil and Gas Properties of the Borrower or any Restricted Subsidiary that would require the Borrower or such Restricted Subsidiary to deliver Hydrocarbons at some future time without then or thereafter receiving full payment therefor to exceed one half bcf of gas (on an mcf equivalent basis) in the aggregate.

  • Adjustments for Dividends in Stock or Other Securities or Property If while this Warrant, or any portion hereof, remains outstanding and unexpired, the holders of any class of securities as to which purchase rights under this Warrant exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, this Warrant shall represent the right to acquire, in addition to the number of shares of such class of security receivable upon exercise of this Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the class of security receivable upon exercise of this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during said period, giving effect to all adjustments called for during such period by the provisions of this Section 4.

  • No Transfer Taxes or Other Fees There are no transfer taxes or other similar fees or charges under Federal law or the laws of any state, or any political subdivision thereof, required to be paid in connection with the execution and delivery of this Agreement or the issuance and sale by the Company of the shares.

  • No Unlawful Contributions or Other Payments Neither the Company nor any of its subsidiaries nor, to the best of the Company’s knowledge, any employee or agent of the Company or any subsidiary, has made any contribution or other payment to any official of, or candidate for, any federal, state or foreign office in violation of any law or of the character required to be disclosed in the Registration Statement, the Time of Sale Prospectus or the Prospectus.

  • Fire or Other Casualty 13.1 Tenant immediately shall deliver written notice to Landlord of any damage caused to the Building by fire or other casualty. 13.2 If the Building shall be damaged or destroyed by fire or other casualty and Landlord does not elect to terminate this Lease as hereinafter provided, Landlord shall proceed with reasonable diligence and at its sole cost and expense to rebuild and repair the Building, and this Lease shall continue in full force and effect. If the Building shall be destroyed or materially damaged, then Landlord may elect either to terminate this Lease as hereinafter provided or to proceed to rebuild and repair the Building. If Landlord elects to terminate this Lease it shall give written notice of such election to Tenant within ninety (90) days after the occurrence of such casualty, and this Lease shall terminate as of the date of such notice. If Landlord should not elect to terminate this Lease, Landlord shall proceed with reasonable diligence and at its sole cost and expense to rebuild and repair the Premises; provided, however, that if any Holder (defined below) of an Encumbrance (defined below) requires that the insurance proceeds be applied under such Encumbrance as a result of any such casualty, Landlord shall have no obligation to rebuild and this Lease shall terminate upon notice to Tenant. So long as the casualty does not result from any willful or negligent action or inaction of Tenant or Tenant’s agents, employees, customers, contractors, or invitees, Landlord shall allow Tenant a reduction of Base Rent during the time the Building is unfit for occupancy, which reduction shall be based upon the proportion of square feet of the Building unfit for occupancy to the total square feet in the Building. Any insurance which may be carried by Landlord or Tenant against loss or damage to the Building shall be for the sole benefit of the party carrying such insurance and under its sole control. 13.3 Landlord’s obligation to repair shall be limited to the restoration of the Building, and further shall be limited to the extent of insurance proceeds available to Landlord for such restoration. In no event shall Landlord be obligated to rebuild, or otherwise be liable for, any damage to Tenant’s fixtures, signs, furnishings, equipment or personal property within the Building. 13.4 Tenant agrees that during any period of reconstruction or repair of the Building, Tenant will continue the operation of its business within the Building to the extent practicable.