Mining and Environmental Matters Sample Clauses

The "Mining and Environmental Matters" clause sets out the obligations and standards that parties must follow regarding environmental protection and regulatory compliance in mining operations. Typically, this clause requires adherence to all applicable environmental laws, mandates obtaining necessary permits, and may specify procedures for handling hazardous materials or remediating environmental damage. Its core function is to ensure that mining activities are conducted responsibly, minimizing environmental impact and legal risk for all parties involved.
Mining and Environmental Matters. ▇. ▇▇▇▇▇, directly or through its subsidiaries, owns, controls and has legal rights to such mineral claims, licenses, concessions, rights, titles, leases and interests (collectively, the “Mining Rights”) as are materially necessary or appropriate to authorize and enable it to access each of the Material Projects and carry on the material mining activities and mineral exploration as currently being undertaken (as described in the Prospectus and U.S. Prospectus) and is not in default of such Mining Rights; B. all assessments or other work required to be performed in relation to the Mining Rights in order to maintain its interest therein, if any, have been performed to date and Tahoe and its subsidiaries have complied in all material respects with all applicable Laws in this regard as well as with regard to contractual obligations to third parties in this regard except for any non-compliance which would not, either individually or in the aggregate, have a Material Adverse Effect, and, except as disclosed in the Prospectus and U.S. Prospectus, all such Mining Rights are in good standing in all material respects; C. Tahoe, directly or through its subsidiaries, is the absolute legal and beneficial owner of, and has good and marketable title to, the Material Projects, the Mining Rights and other assets thereof free of all Liens, except as set out in the Prospectus and U.S. Prospectus and in respect of equipment leases. Except as disclosed in the Prospectus and U.S. Prospectus, Tahoe does not know of any claim or the basis for any claim, including a claim with respect to native rights, that could adversely affect its rights to access, use, transfer or otherwise exploit the Mining Rights. Except as disclosed in the Prospectus and U.S. Prospectus, neither Tahoe nor any of its subsidiaries has any responsibility or obligation to pay any commission, royalty, licence fee or similar payment to any Person with respect to the Mining Rights; D. except as disclosed in the Prospectus and U.S. Prospectus, there are no ongoing environmental audits, evaluations, assessments, studies or tests relating to Tahoe or any of its subsidiaries except for ongoing evaluations, assessments, studies or tests conducted by or on behalf of Tahoe or a subsidiary thereof in the ordinary course; ▇. ▇▇▇▇▇ and its subsidiaries are in compliance with the provisions of NI 43-101 and have filed all technical reports required thereby and all such reports comply with the requirements of NI 43-101 and r...
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Mining and Environmental Matters. (i) Following completion of the Transaction, the Marathon Properties will be the only material property of the Corporation; (ii) the Corporation is, and following completion of the Transaction, to the knowledge of the Corporation, will be, in material compliance with all applicable federal, provincial, state, municipal and local laws, statutes, ordinances, by-laws and regulations and orders, and decisions rendered by any ministry, department or administrative or agency, domestic or foreign (the “Mining and Environmental Laws”) relating the protection of the environment, occupational health and safety, current or proposed mining, exploration or development activities, use, treatment, storage, disposal, discharge, transport or handling of any pollutants, contaminants, chemicals or industrial, toxic or hazardous wastes or substance (“Hazardous Substances”); (iii) the Corporation has, and following completion of the Transaction, to the knowledge of the Corporation, will have, directly or indirectly, obtained the rights to use, all material licenses, permits, approvals, consents, certificates, registrations and other authorizations under all applicable legislation including Mining and Environmental Laws (the “Permits”) necessary as at the date hereof or thereof for the operation of its businesses carried on or proposed to be commenced by the Corporation as described in the public disclosure record of the Corporation, and each Permit is or will be at the time of such commencement be valid, subsisting and in good standing and the Corporation is not, and following completion of the Transaction, to the knowledge of the Corporation will not be, in material default or breach of any permit and, to the knowledge of the Corporation, no proceeding is pending or threatened to revoke or limit any Permit; (iv) the Corporation has not used, and following completion of the Transaction, to the knowledge of the Corporation, will not use, any property or facility which it owns or leases or previously owned or leased, to generate, manufacture, process, distribute, use, treat, store, dispose of, transport or handle any Hazardous Substance, except in material compliance with all Mining and Environmental Laws and Permits; (v) the Corporation has not received, and, to the knowledge of the Corporation, Sibanye has not received in respect of the Marathon Properties, any notice of, or been prosecuted for an offence alleging, material non-compliance with any Mining and Environmental Law,...
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Mining and Environmental Matters. Notwithstanding any other representation or warranty contained in this Article IV, the representations and warranties contained in this Section 4.12 and Sections 4.6, 4.7, 4.8, 4.11 and 4.14 constitute the sole and exclusive representations and warranties of the Seller on behalf of the Company relating to compliance with or Liability under any Mining Law, Environmental Law, Releases of Hazardous Materials and any other Environmental matters. Except as set forth on Schedule 4.12: (a) to the Seller’s knowledge and except as may be due solely to the action or omission to act of the Buyer, the Company is and has been in compliance with all Mining and Environmental Laws since September 30, 2020; (b) to the Seller’s Knowledge, the Company has obtained and is in material compliance with, except as may be due solely to the action or omission to act of the Buyer, all Environmental or Mining Permits required for the conduct of its business and operations, and the ownership, occupation, operation and use of its Real Property and other property, under Mining or Environmental Law, and all such Environmental or Mining Permits are valid and in good standing; (c) there are no pending nor, to the Seller’s Knowledge, threatened Environmental Claims or other actions to deny, revoke or terminate any Environmental or Mining Permits possessed or applied for by the Company, and there has not been any such Environmental Claim since September 30, 2020; (d) to Seller’s Knowledge, there are no polychlorinated biphenyls, per-and polyfluoroalkyl substances or any asbestos or asbestos containing materials located on or within the Real Property or any real property formerly owned, leased or operated by Company, and the Company nor any of its predecessors sells or has sold any product containing asbestos or that utilizes or incorporates asbestos containing materials in any way; (e) the Company has not received any pending Environmental Claim or notice of any currently threatened Environmental Claim; (f) the Company has not agreed to nor is it subject to any outstanding Order under any Environmental or Mining Law; (g) to Seller’s Knowledge, there has been no Release or threatened Release of any Hazardous Materials at the Real Property or any real property formerly owned, leased or operated by Company in a manner that would reasonably be expected to result in Liability under any Environmental or Mining Law; (h) no Real Property or any real property formerly owned, leased or operated by Com...
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Mining and Environmental Matters. Except as expressly set forth on Schedule 4.17: (a) To Sellers’ Knowledge, each Seller is, and since March 31, 2016, has been, in compliance in all material respects with all Mining Laws and Environmental Laws in respect of all of the Purchased Assets except with respect to violations that have been abated or resolved. To Sellers’ Knowledge, the Purchased Assets are, and since March 31, 2016, have been, in compliance in all material respects with all Mining Laws and Environmental Laws except with respect to violations that have been abated or resolved. Sellers have obtained, and are in compliance in all material respects with, all Mining Permits required for the ownership, occupation, operation and use of each of the Purchased Assets in accordance with all Mining Laws and Environmental Laws, and all such Mining Permits are valid and in full force and effect.
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Mining and Environmental Matters. _Properties and Assets. Minera Canam is the legal and beneficial owner of and holds title to all of the mineral concessions comprising the Panuco Property, and all other properties or assets of the Company or the Subsidiaries as described in the Prospectus and the Public Record, and in all cases such properties and assets are free of all mortgages, liens, charges, pledges, security interests, encumbrances, claims or demands whatsoever, and no other property rights (including surface or access rights) are necessary for the conduct of the business of the Company and the Subsidiaries as currently conducted; neither the Company nor any Subsidiary knows of any claim or basis for any claim that might or could adversely affect the right of the Company or the Subsidiaries to use, transfer, access or otherwise exploit such property rights; and, except as disclosed in the Prospectus and the Public Record, neither the Company nor any Subsidiary has any responsibility or obligation to pay any commission, royalty, licence fee or similar payment to any person with respect to the property rights thereof. The title opinions of ALN Abogados Consultores, Mexican counsel to the Company, in satisfaction of the closing condition in Section 9(i) hereof will address all of the material concessions and claims in respect of the Panuco Property.
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Mining and Environmental Matters. (i) In each case, other than (A) as disclosed in the Prospectus or (B) such as do not materially and adversely affect the value of such Mining Rights (as defined below) and do not materially interfere with the use of such Mining Rights by the Corporation or its Significant Subsidiary, the Corporation or its GSV Subsidiaries own, control and have legal rights to, through mining tenements of various types and descriptions or agreements, as applicable, and by ownership of real property, such rights, titles, leases and interests as are materially necessary or appropriate to authorize it to carry on the mining activities and the mineral exploration as currently being undertaken or proposed to be undertaken and each of the Pinion Deposit, the Dark Star Deposit and the North Bullion Deposit (in each case as described in the Prospectuses) (collectively, the “Mining Rights”) and the Corporation and its GSV Subsidiaries are not in default of such Mining Rights. (ii) The Corporation or one of its subsidiaries has good title to the Mining Rights and other material assets related thereto free of all mortgages, liens, charges, pledges, security interests, encumbrances or claims, (A) except as disclosed in the Prospectus and (B) except such as do not materially and adversely affect the value of such property and do not materially interfere with the use made or proposed to be made of such property by the Corporation or such subsidiary. The real property, improvements, equipment and personal property held under lease by the Corporation and the subsidiaries are held under valid and enforceable leases, except for such exceptions as are not material and do not materially interfere with the current use of such real property, improvements, equipment or personal property by the Corporation or such subsidiary or except as would not result in a Material Adverse Effect. (iii) The Corporation has complied with the requirements of NI 43-101 in all material respects, including, but not limited to, the preparation and filing of technical reports and the technical report filed with respect to the Pinion Deposit, the Dark Star Deposit and the North Bullion Deposit accurately and completely sets forth all material facts relating to the properties that are subject thereto as at the date of such report and there is no new material scientific or technical information nor any other fact or circumstance that creates a requirement for updated reports to be filed. (iv) With respect to informatio...
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Mining and Environmental Matters 
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Mining and Environmental Matters 
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Related to Mining and Environmental Matters

  • Certain Environmental Matters (i) The Company and its subsidiaries (x) are in compliance with all, and have not violated any, applicable federal, state, local and foreign laws (including common law), rules, regulations, requirements, decisions, judgments, decrees, orders and other legally enforceable requirements relating to pollution or the protection of human health or safety, the environment, natural resources, hazardous or toxic substances or wastes, pollutants or contaminants (collectively, “Environmental Laws”); (y) have received and are in compliance with all, and have not violated any, permits, licenses, certificates or other authorizations or approvals required of them under any Environmental Laws to conduct their respective businesses; and (z) have not received notice of any actual or potential liability or obligation under or relating to, or any actual or potential violation of, any Environmental Laws, including for the investigation or remediation of any disposal or release of hazardous or toxic substances or wastes, pollutants or contaminants, and have no knowledge of any event or condition that would reasonably be expected to result in any such notice, and (ii) there are no costs or liabilities associated with Environmental Laws of or relating to the Company or its subsidiaries, except in the case of each of (i) and (ii) above, for any such matter as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect; and (iii) except as described in each of the Pricing Disclosure Package and the Prospectus, (x) there is no proceeding that is pending, or that is known to be contemplated, against the Company or any of its subsidiaries under any Environmental Laws in which a governmental entity is also a party, other than such proceeding regarding which it is reasonably believed no monetary sanctions of $100,000 or more will be imposed, (y) the Company and its subsidiaries are not aware of any facts or issues regarding compliance with Environmental Laws, or liabilities or other obligations under Environmental Laws or concerning hazardous or toxic substances or wastes, pollutants or contaminants, that could reasonably be expected to have a material effect on the capital expenditures, earnings or competitive position of the Company and its subsidiaries, and (z) none of the Company or its subsidiaries anticipates material capital expenditures relating to any Environmental Laws.

  • Litigation and Environmental Matters (a) There are no actions, suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened against or affecting the Borrower or any of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters) or (ii) that involve this Agreement or the Transactions. (b) Except for the Disclosed Matters and except with respect to any other matters that, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, neither the Borrower nor any of its Subsidiaries (i) has failed to comply with any Environmental Law or to obtain, maintain or comply with any permit, license or other approval required under any Environmental Law, (ii) has become subject to any Environmental Liability, (iii) has received notice of any claim with respect to any Environmental Liability or (iv) knows of any basis for any Environmental Liability. (c) Since the date of this Agreement, there has been no change in the status of the Disclosed Matters that, individually or in the aggregate, has resulted in, or materially increased the likelihood of, a Material Adverse Effect.

  • Environmental Matters (i) There are, to the Company’s knowledge, with respect to the Company or any of its Subsidiaries or any predecessor of the Company, no past or present violations of Environmental Laws (as defined below), releases of any material into the environment, actions, activities, circumstances, conditions, events, incidents, or contractual obligations which may give rise to any common law environmental liability or any liability under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 or similar federal, state, local or foreign laws and neither the Company nor any of its Subsidiaries has received any notice with respect to any of the foregoing, nor is any action pending or, to the Company’s knowledge, threatened in connection with any of the foregoing. The term “Environmental Laws” means all federal, state, local or foreign laws relating to pollution or protection of human health or the environment (including, without limitation, ambient air, surface water, groundwater, land surface or subsurface strata), including, without limitation, laws relating to emissions, discharges, releases or threatened releases of chemicals, pollutants contaminants, or toxic or hazardous substances or wastes (collectively, “Hazardous Materials”) into the environment, or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Materials, as well as all authorizations, codes, decrees, demands or demand letters, injunctions, judgments, licenses, notices or notice letters, orders, permits, plans or regulations issued, entered, promulgated or approved thereunder.

  • Notice of Environmental Matters Promptly, but in any event within five (5) Business Days from the date Lessee has actual knowledge thereof, Lessee shall provide to Lessor written notice of any pending or threatened claim, action or proceeding involving any Environmental Law or any Release on or in connection with any Property or Properties. All such notices shall describe in reasonable detail the nature of the claim, action or proceeding and Lessee's proposed response thereto. In addition, Lessee shall provide to Lessor, within five (5) Business Days of receipt, copies of all material written communications with any Governmental Authority relating to any Environmental Law in connection with any Property. Lessee shall also promptly provide such detailed reports of any such material environmental claims as may reasonably be requested by Lessor.

  • Environmental and Safety Matters (a) The Company and its Subsidiaries have at all times complied in all material respects with all applicable Environmental and Safety Requirements, which compliance has included obtaining and complying in all material respects at all times with all material permits, licenses and other authorizations required pursuant to Environmental and Safety Requirements for the occupation of their facilities and the operation of their respective businesses. (b) Except as set forth in Section 4.27(b) of the Disclosure Schedule, since February 19, 2008, neither the Company nor any of its Subsidiaries has received any notice, report, order, or directive regarding any, and is not subject to any litigation, proceedings or order regarding any, actual or alleged violation of Environmental and Safety Requirements, or any liability or potential liability arising under Environmental and Safety Requirements, in effect prior to and as of the date of the applicable Closing, relating to the business, the Owned Real Property or Leased Real Property. (c) Except as set forth in Section 4.27(c) of the Disclosure Schedule, neither the Company nor any of its Subsidiaries has treated, stored, disposed of, arranged for or permitted the disposal of, transported, handled, released, or exposed any Person to, any substance (including without limitation any hazardous substance), owned or operated any property or facility which is or has been contaminated by any substance, so as to give rise to any current or future liabilities under any Environmental and Safety Requirements in effect at the time of such treatment, storage, disposal, transportation, handling, release or exposure. (d) Except as set forth in Section 4.27(d) of the Disclosure Schedule, neither the Company nor any of its Subsidiaries has assumed, undertaken, or provided any indemnity with respect to, any liability of any other Person relating to Environmental and Safety Requirements. (e) The Company has furnished to Investor true and correct copies of all environmental audits, reports, assessments and all other documents materially bearing on environmental, health or safety liabilities relating to the past or current operations or facilities of the Company and all of its Subsidiaries, in each case which are in its possession or under its reasonable control.