Common use of Operational Matters Clause in Contracts

Operational Matters. Except as would not, individually or in the aggregate, be reasonably expected to result in a Material Adverse Effect with respect to Silvermex: (a) all rentals, royalties, overriding royalty interests, production payments, net profit interests, burdens, payments and obligations due and payable, or performable, as the case may be, on or prior to the date hereof under, with respect to, or on account of, any direct or indirect assets of Silvermex or the Silvermex Subsidiaries have been: (i) duly paid; (ii) duly performed; or (iii) provided for prior for the date hereof; (b) all costs, expenses, and liabilities payable on or prior to the date hereof under the terms of any contracts and agreements to which Silvermex or any of the Silvermex Subsidiaries is directly or indirectly bound have been properly and timely paid, except for such expenses that are being currently paid prior to delinquency in the ordinary course of business; and (c) to the knowledge of Silvermex as of the date of this Agreement there are no operational, geotechnical, geochemical or structural issues, social conflicts or limitations to surface rights, relating to the exploration and development of Silvermex’s Mineral Rights that, individually or in the aggregate, may be reasonably expected to result in a Material Adverse Effect with respect to Silvermex.

Appears in 3 contracts

Sources: Arrangement Agreement (Silvermex Resources Inc), Arrangement Agreement (Silvermex Resources Inc), Memorandum of Agreement (First Majestic Silver Corp)

Operational Matters. Except as would not, individually or in the aggregate, be reasonably expected to result in a Material Adverse Effect with respect to SilvermexOrko: (a) all rentals, royalties, overriding royalty interests, production payments, net profit interests, burdens, payments and obligations due and payable, or performable, as the case may be, on or prior to the date hereof under, with respect to, or on account of, any direct or indirect assets of Silvermex Orko or the Silvermex Orko Subsidiaries have been: (i) duly paid; (ii) duly performed; or (iii) provided for for, prior for to the date hereof; (b) all costs, expenses, and liabilities payable on or prior to the date hereof under the terms of any contracts and agreements to which Silvermex Orko or any of the Silvermex Orko Subsidiaries is directly or indirectly bound have been properly and timely paid, except for such expenses that are being currently paid prior to delinquency in the ordinary course of business; and (c) to the knowledge of Silvermex Orko, as of the date of this Agreement there are no operational, geotechnical, geochemical or structural issues, social conflicts or limitations to surface rights, relating to the exploration and development of SilvermexOrko’s Mineral Rights that, individually or in the aggregate, may be reasonably expected to result in a Material Adverse Effect with respect to SilvermexOrko.

Appears in 2 contracts

Sources: Arrangement Agreement (Coeur D Alene Mines Corp), Arrangement Agreement (First Majestic Silver Corp)

Operational Matters. Except as would not, individually or in the aggregate, be reasonably expected to result in a Minefinders Material Adverse Effect with respect to SilvermexEffect: (ai) all rentals, royalties, overriding royalty interests, production payments, net profit interestsprofits, interest burdens, payments and obligations due and payable, or performable, as the case may be, on or prior to the date hereof under, with respect to, or on account of, any direct or indirect assets of Silvermex or the Silvermex Minefinders, its Subsidiaries and its material joint ventures, have been: : (iA) duly paid; ; (iiB) duly performed; or or (iiiC) provided for prior for the date hereof;; and (bii) all costs, expenses, and liabilities payable on or prior to the date hereof under the terms of any contracts and agreements to which Silvermex Minefinders or any of the Silvermex its Subsidiaries or material joint ventures is directly or indirectly bound have been properly and timely paid, except for such expenses that are being currently paid prior to delinquency in the ordinary course of business; and (c) . Except as disclosed in the Minefinders Public Documents, to the knowledge of Silvermex Minefinders as of the date of this Agreement there are no operational, geotechnical, geochemical or structural issues, social conflicts or limitations to surface rights, issues relating to the exploration and development of Silvermex’s the Property or Mineral Rights that, individually or in the aggregate, may be reasonably expected to result in a Minefinders Material Adverse Effect with respect to SilvermexEffect.

Appears in 1 contract

Sources: Arrangement Agreement (Minefinders Corp Ltd.)