Common use of Interest in Properties Clause in Contracts

Interest in Properties. (i) Subject to the paramount title of the United States in and to any unpatented mining claims, and subject to the paramount title of the State of Wyoming, Arizona or Utah, as applicable, in and to any leases with the State of Wyoming, Arizona or Utah, respectively, each of the Company and its Subsidiaries, as applicable, holds the legal and beneficial interest, and has valid and sufficient right, title and interest free and clear of any Lien (other than Permitted Liens) in and to the following (collectively, the “Company Properties”): (A) its concessions, claims, leases and licences of any nature whatsoever and all other rights relating in any manner whatsoever to the interest in, or exploration, development, extraction, production, processing, and sale of or for minerals on or from the mineral properties (including, without limitation, the Company Material Property), all of which have been accurately identified in Schedule 3.1(w)(i) of the Company Disclosure Letter, and, in each case, as are necessary to perform the operations of the Company and each of its Subsidiaries’ businesses as presently owned and conducted; (B) its real property interests of any nature whatsoever including fee simple estate of and in real property, licences (from landowners and authorities permitting the use of land by the Company or any of its Subsidiaries), leases, rights of way, occupancy rights, surface rights, mineral rights, easements, unpatented mining claims, and all other real property interests all of which have been accurately identified in Schedule 3.1(w)(i) of the Company Disclosure Letter, and, in each case, as are necessary to perform the operations of its business as presently owned and conducted; and