Common use of Receipt of Instruments Clause in Contracts

Receipt of Instruments. The Lender or its counsel shall have received each of the following Instruments: (i) this Agreement, duly executed by an Authorized Officer of each Borrower; (ii) the Note, duly executed by an Authorized Officer of each Borrower; (iii) the Mortgages, the Mortgage Amendments, the Ratification and Confirmation, and each of the other Collateral Agreements, together with appropriate UCC financing statements relating thereto, duly executed by an Authorized Officer of each Borrower, as appropriate, and by all other Persons parties thereto; (iv) an Omnibus Certificate of Royal Gold, substantially in the form of Exhibit B hereto, duly executed by an Authorized Officer of Royal Gold; (v) an Omnibus Certificate of High Desert, substantially in the form of Exhibit B hereto, duly executed by an Authorized Officer of High Desert; (vi) legal opinions from legal counsel for the Borrowers, in form and content reasonably acceptable to the Lender and substantially in the form of the legal opinion delivered to the Lender in connection with the Existing Agreement; (vii) Title Opinions from Nevada legal counsel to the Borrowers, in form and content reasonably acceptable to the Lender; (viii) copies of each of the Mortgages and Mortgage Amendments, as filed with the appropriate county office to perfect the Liens described therein, together with a supplemental legal opinion from Nevada legal counsel to the Borrowers, in form and content reasonably acceptable to the Lender, confirming the perfection in favor of the Lender of enforceable first priority Liens on the Collateral Royalties and on the other property rights and interests of each Borrower subject to the Collateral Agreements, substantially in the form of the security legal opinion delivered to the Lender in connection with the Existing Agreement; (ix) certificates from the Secretary of State of Delaware confirming the good standing of each Borrower in that State; (x) certificates from the Secretaries of State of Colorado and Nevada confirming the good standing of each Borrower in each of such States; (xi) Royalty Payment Confirmations and Proceeds Agreements (or confirmations thereof) duly executed by an Authorized Officer of the applicable Borrower and each other Person a party thereto; (xii) Irrevocable Payment Instructions from each Person owing payments to a Borrower pursuant to a Collateral Royalty. (xiii) a certificate from an Authorized Officer of each Borrower setting forth a calculation of the Royalty Metals, the Projected Facility Term Revenue and the Borrowing Base as of (a) September 30, 2006, (b) December 31, 2006, (c) March 31, 2007 and (d) June 30, 2007; and (xiv) such other approvals, opinions, documents or Instruments as the Lender may reasonably request.

Appears in 1 contract

Sources: Loan Agreement (Royal Gold Inc)

Receipt of Instruments. The Lender or its counsel shall have received each of the following Instruments: (i) this Agreement, duly executed by an Authorized Officer of each the Borrower; (ii) the Note, duly executed by an Authorized Officer of each the Borrower; (iii) the Mortgages, the Mortgage AmendmentsAmendment, the Ratification and Confirmation, Confirmation and each of the other Collateral Agreements, together with appropriate UCC financing statements relating thereto, duly executed by an Authorized Officer of each Borrower, as appropriate, the Borrower and by all other Persons parties thereto; (iv) an Omnibus Certificate of Royal Goldthe Borrower, substantially in the form of Exhibit B hereto, duly executed by an Authorized Officer of Royal Goldthe Borrower; (v) an Omnibus Certificate of High Desert, substantially in the form of Exhibit B hereto, duly executed by an Authorized Officer of High Desert; (vi) a legal opinions opinion from legal counsel for the BorrowersBorrower, in form and content reasonably acceptable to the Lender and substantially in the form of the legal opinion delivered to the Lender in connection with the Existing Agreement; (viivi) a Title Opinions Opinion from Nevada legal counsel to the BorrowersBorrower, in form and content reasonably acceptable to the Lender; (viiivii) copies of each of the Mortgages and Mortgage Amendments, as filed with the appropriate county office to perfect the Liens described therein, together with a supplemental legal opinion from Nevada legal counsel to the BorrowersBorrower, in form and content reasonably acceptable to the Lender, confirming the perfection in favor of the Lender of enforceable first priority Liens on the Collateral Royalties and on the other property rights and interests of each the Borrower subject to the Collateral Agreements, substantially in the form of the security legal opinion delivered to the Lender in connection with the Existing Agreement; (ixviii) certificates a certificate from the Secretary of State of Delaware confirming the good standing of each the Borrower in that State; (xix) certificates from the Secretaries of State of Colorado and Nevada confirming the good standing of each the Borrower in each of such States; (xix) Royalty Payment Confirmations and Proceeds Agreements (or confirmations thereof) duly executed by an Authorized Officer of the applicable Borrower and each other Person a party thereto; (xii) Irrevocable Payment Instructions from each Person owing payments to a Borrower pursuant to a Collateral Royalty. (xiiixi) a certificate from an Authorized Officer of each the Borrower setting forth a calculation of the Royalty MetalsOunces, the Projected Facility Term Revenue and the Borrowing Base as of (a) September 30, 20062005, (b) December 31, 20062005, (c) March 31, 2007 2006 and (d) June 30, 20072006; and (xivxii) such other approvals, opinions, documents or Instruments as the Lender may reasonably request.

Appears in 1 contract

Sources: Loan Agreement (Royal Gold Inc)

Receipt of Instruments. The Lender or its counsel shall have ---------------------- received each of the following Instruments: (i) this Agreement, duly executed by an Authorized Officer of each the Borrower; (ii) the Note, duly executed by an Authorized Officer of each the Borrower; (iii) the MortgagesMortgage, the Mortgage Amendments, the Ratification and Confirmation, Proceeds Agreement and each of the other Collateral Agreements, together with appropriate UCC financing statements Form 1 Financing Statements relating thereto, duly executed by an Authorized Officer of each Borrower, as appropriate, the Borrower and by all other Persons parties thereto; (iv) an Omnibus Certificate of Royal Goldthe Borrower, substantially in the form of Exhibit B hereto, duly executed by an Authorized Officer --------- of Royal Goldthe Borrower; (v) an Omnibus Certificate of High Deserta legal opinion from legal counsel for the Borrower, reasonably acceptable to the Lender, substantially in the form of Exhibit B ------- F-1 hereto, duly executed by an Authorized Officer of High Desert;; --- (vi) legal opinions from legal counsel for the Borrowers, in form and content reasonably acceptable to the Lender and substantially in the form of the legal opinion delivered to the Lender in connection with the Existing Agreement; (vii) Title Opinions Opinion from Nevada legal counsel to the BorrowersBorrower, in form and content reasonably acceptable to the Lender; (viiivii) copies of each of the Mortgages and Mortgage Amendments, as filed with the appropriate county office to perfect the Liens described therein, together with a supplemental legal opinion from Nevada legal counsel to the Borrowers, in form and content Borrower reasonably acceptable to the Lender, confirming the perfection in favor of the Lender of enforceable first priority Liens on the Collateral Royalties GSR #3 Royalty and on the other property rights and interests of each the Borrower subject to the Collateral Agreements, substantially in the form of the security legal opinion delivered to the Lender in connection with the Existing Agreement;Exhibit F-2 hereto; ----------- (ixviii) certificates a certificate from the Secretary of State of Delaware confirming the good standing of each the Borrower in that State; (xix) certificates from the Secretaries of State of Colorado and Nevada confirming the good standing of each the Borrower in each of such States; (xix) Royalty Payment Confirmations and Proceeds Agreements (or confirmations thereof) the Metals Options Agreement, duly executed by an Authorized Officer of the applicable Borrower and each other Person a party theretoBorrower; (xii) Irrevocable Payment Instructions from each Person owing payments to a Borrower pursuant to a Collateral Royalty. (xiii) a certificate from an Authorized Officer of each Borrower setting forth a calculation of the Royalty Metals, the Projected Facility Term Revenue and the Borrowing Base as of (a) September 30, 2006, (b) December 31, 2006, (c) March 31, 2007 and (d) June 30, 2007; and (xiv) such other approvals, opinions, documents or Instruments as the Lender may reasonably request.

Appears in 1 contract

Sources: Loan Agreement (Royal Gold Inc /De/)