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8-K - 8-K - Thompson Creek Metals Co Inc. | a12-26774_88k.htm |
Exhibit 1.1
EXECUTION COPY
$350,000,000
THOMPSON CREEK METALS COMPANY INC.
9.75% Senior Secured Notes due 2017
Underwriting Agreement
November 16, 2012
Deutsche Bank Securities Inc.
As Representative of the
several Underwriters listed
in Schedule 1 hereto
c/o Deutsche Bank Securities Inc.
60 Wall Street
New York, New York 10005
Ladies and Gentlemen:
Thompson Creek Metals Company Inc., a Canadian corporation (the Company), proposes to issue and sell to the several Underwriters listed on Schedule 1 hereto (the Underwriters), for whom Deutsche Bank Securities Inc. is acting as representative (the Representative), $350,000000 principal amount of its 9.75% Senior Secured Notes due 2017 (the Securities). The Securities will be issued pursuant to an Indenture dated as of May 11, 2012 (the Base Indenture), to be supplemented by a fifth supplemental indenture (the Fifth Supplemental Indenture and, together with the Base Indenture, the Indenture) among the Company, the guarantors listed in Schedule 2 hereto (the U.S. Guarantors), the guarantors listed in Schedule 3 hereto (the British Columbia Guarantors), the guarantor listed in Schedule 4 hereto (the Yukon Guarantor and, together with the British Columbia Guarantors, the Canadian Guarantors, and such Canadian Guarantors, together with the U.S. Guarantors, the Guarantors), Wells Fargo Bank, National Association, as U.S. trustee (the U.S. Trustee) and U.S. collateral agent (the U.S. Collateral Agent) and Valiant Trust Company, as Canadian trustee (the Canadian Trustee, and, together with the U.S. Trustee, the Trustees) and as Canadian Collateral Agent (the Canadian Collateral Agent) and together with the U.S. Collateral Agent, the Collateral Agent) and will be guaranteed on a senior secured basis by each of the Guarantors (the Guarantees).
The Securities and the Guarantees will be secured by first-priority liens granted by the Company and the Guarantors on substantially all of the tangible and intangible assets of the Company and the Guarantors (whether now owned or hereinafter arising or acquired) pursuant to one or more Security Agreements (the Security Agreements) and the other Security Documents (as hereinafter defined) and, with respect to assets consisting of real property owned in fee, leased or otherwise held, together with any improvements thereon, or date of acquisition of such property if after the Closing Date (as defined below) and fixtures (whether now owned or
hereinafter arising or acquired), including each of the properties listed on Schedule 5 hereto (collectively, the Mortgaged Properties), pursuant to mortgages, debentures, charges, deeds of trust or deeds to secure debt (collectively, the Mortgages); provided in each case that the assets securing the Securities and the Guarantees will not include any Excluded Property (as defined in the Time of Sale Information and the Prospectus) (collectively, the Collateral) and subject to Permitted Liens (as defined in the Time of Sale Information and the Prospectus under the heading Description of Notes).
The Security Agreements, the Mortgages and other instruments evidencing or creating a first-priority security interest in or lien on the Collateral in favor of the Collateral Agent for its benefit and the benefit of the Trustees and the holders of the Securities are hereinafter sometimes referred to collectively as the Security Documents. The rights of the holders of the Securities with respect to the Collateral shall be further governed by an intercreditor agreement dated as of the Closing Date (the Intercreditor Agreement) between the Collateral Agent and RGL Royalty AG, and acknowledged by the Company and the Guarantors.
Upon completion of its offering of the Securities, the Company will terminate the Credit Agreement, dated as of December 10, 2010, as amended by the First Amendment to the Credit Agreement, dated as of February 24, 2011, the Second Amendment to the Credit Agreement, dated as of May 20, 2011, the Third Amendment to the Credit Agreement, dated as of December 14, 2011, the Fourth Amendment to the Credit Agreement, dated as of May 11, 2012, the Fifth Amendment to the Credit Agreement, dated as of August 10, 2012 and the Sixth Amendment to the Credit Agreement, dated as of November 2, 2012, among the Company, the guarantors party thereto, JPMorgan Chase Bank, N.A., as administrative agent, and the lenders party thereto from time to time, as the same may be amended, restated, modified, renewed, refunded, replaced or refinanced in whole or in part from time to time (the Credit Agreement), in connection with which, all liens thereunder will be released (the Credit Facility Termination).
The Company and the Guarantors hereby confirm their agreement with the several Underwriters concerning the purchase and sale of the Securities, as follows:
1. Registration Statement and Canadian Shelf Prospectus. The Company has prepared and filed with the Securities and Exchange Commission (the Commission) under the Securities Act of 1933, as amended, and the rules and regulations of the Commission thereunder (collectively, the Securities Act), a registration statement on Form S-3 (File No. 333-170232), including a prospectus, relating to the Securities. Such registration statement, as amended at the time it, and any post-effective amendment thereto, became effective, including the information, if any, deemed pursuant to Rule 430A, 430B or 430C under the Securities Act to be part of the registration statement at the time of its effectiveness (Rule 430 Information), is referred to herein as the Registration Statement; and as used herein, the term U.S. Preliminary Prospectus means each prospectus included in such registration statement (and any amendments thereto) before it becomes effective, any prospectus filed with the Commission pursuant to Rule 424(a) under the Securities Act and the prospectus included in the Registration Statement at the time of its effectiveness that omits Rule 430 Information, and the term U.S. Prospectus means the prospectus in the form first used (or made available upon request of purchasers pursuant to Rule 173 under the Securities Act) in connection with confirmation of sales of the Securities in the United States. If the Company has filed an abbreviated registration statement pursuant to Rule 462(b) under the
Securities Act (the Rule 462 Registration Statement), then any reference herein to the term Registration Statement shall be deemed to include such Rule 462 Registration Statement. Any reference herein to the term Registration Statement shall be deemed to include Post-Effective Amendment No. 1 to the Registration Statement, filed with the Commission on May 7, 2012. Any reference in this Agreement to the Registration Statement, any U.S. Preliminary Prospectus or the U.S. Prospectus shall be deemed to refer to and include the documents incorporated by reference therein pursuant to Item 12 of Form S-3 under the Securities Act, as of the effective date of the Registration Statement or the date of such U.S. Preliminary Prospectus or the U.S. Prospectus, as the case may be and any reference to amend, amendment or supplement with respect to the Registration Statement, any U.S. Preliminary Prospectus or the U.S. Prospectus shall be deemed to refer to and include any documents filed after such date under the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder (collectively, the Exchange Act) that are deemed to be incorporated by reference therein. Capitalized terms used but not defined herein shall have the meanings given to such terms in the Registration Statement and the Prospectus.
The Company has also prepared and filed with the Ontario Securities Commission (the Reviewing Authority), as the Companys principal securities regulator in Canada, and the securities commission or similar regulatory authority in each of the other provinces of Canada except the Province of Quebec (collectively with the Reviewing Authority, the Canadian Securities Commissions), on (i) April 10, 2012, a preliminary short form base shelf prospectus in accordance with National Instrument 44-101 Short Form Prospectus Distributions of the Canadian Securities Administrators (NI 44-101) and the procedures set out in National Instrument 44-102 Shelf Distributions of the Canadian Securities Administrators (NI 44-102) and was issued, on April 10, 2012, a receipt therefor by the Reviewing Authority, on its own behalf and on behalf of the other Canadian Securities Commissions pursuant to Multilateral Instrument 11-102 Passport System of certain of the Canadian Securities Administrators (MI 11-102), and (ii) April 19, 2012, a short form (final) base shelf prospectus (the Canadian Shelf Prospectus) in accordance with NI 44-101 and the procedures set out in NI 44-102 qualifying the distribution of, inter alia, the Securities, subject to the filing of a prospectus supplement in accordance with NI 44-102 in respect of the Securities, and was issued, on April 19, 2012, a receipt therefor by the Reviewing Authority, on its own behalf and on behalf of the other Canadian Securities Commissions pursuant to MI 11-102. The Company has also prepared and filed, in accordance with NI 44-102, a preliminary supplement to the Canadian Shelf Prospectus dated November 13, 2012 relating to the Securities (the Canadian Preliminary Prospectus Supplement); and as used herein, the term Canadian Preliminary Prospectus means the Canadian Preliminary Prospectus Supplement together with the Canadian Shelf Prospectus; the term Canadian Final Prospectus Supplement means the final supplement to the Canadian Shelf Prospectus relating to the Securities and includes any amendment thereto; and the term Canadian Final Prospectus means the Canadian Final Prospectus Supplement together with the Canadian Shelf Prospectus, including any amendment thereto. Any reference in this Agreement to the Canadian Preliminary Prospectus or the Canadian Final Prospectus shall be deemed to refer to and include the documents incorporated by reference therein, as the case may be and any reference to amend, amendment or supplement with respect to the Canadian Preliminary Prospectus or the Canadian Final Prospectus shall be deemed to refer to and include any documents filed after the date of such document
with the Canadian Securities Commissions that are deemed to be incorporated by reference therein.
At or prior to 12:00 p.m. on November 16, 2012, the time when sales of the Securities were first made pursuant to the Registration Statement (the Time of Sale), the Company had prepared the following information (collectively, the Time of Sale Information): a U.S. Preliminary Prospectus dated November 13, 2012, and each free-writing prospectus used in the United States (as defined pursuant to Rule 405 under the Securities Act) listed on Annex A hereto.
When used in this Agreement: (i) the term Preliminary Prospectus means both the U.S. Preliminary Prospectus and the Canadian Preliminary Prospectus; and (ii) the term Prospectus means both the U.S. Prospectus and the Canadian Final Prospectus.
2. Purchase of the Securities by the Underwriters.
(a) The Company agrees to issue and sell the Securities to the several Underwriters as provided in this Agreement, and each Underwriter, on the basis of the representations, warranties and agreements set forth herein and subject to the conditions set forth herein, agrees, severally and not jointly, to purchase from the Company the respective principal amount of Securities set forth opposite such Underwriters name in Schedule 2 hereto for a payment equal to 97.116% of the principal amount thereof plus accrued interest, if any, from November 27, 2012 to the Closing Date (as defined below). 1.96% of the principal amount of such Securities shall be credited to the respective Underwriter as a commission under this Agreement. The Company will not be obligated to deliver any of the Securities except upon payment for all the Securities to be purchased as provided herein.
(b) The Company understands that the Underwriters intend to make a public offering of the Securities as soon after the effectiveness of this Agreement as in the judgment of the Representative is advisable, and initially to offer the Securities on the terms set forth in the Time of Sale Information. The Company acknowledges and agrees that the Underwriters may offer and sell Securities to or through any affiliate of an Underwriter and that any such affiliate may offer and sell Securities purchased by it to or through any Underwriter.
(c) Payment for and delivery of the Securities will be made at the offices of Cahill Gordon & Reindel LLP at 10:00 A.M., New York City time, on November 27, 2012, or at such other time or place on the same or such other date, not later than the fifth business day thereafter, as the Representative and the Company may agree upon in writing. The time and date of such payment and delivery is referred to herein as the Closing Date.
(d) Payment for the Securities shall be made by wire transfer in immediately available funds to the account(s) specified by the Company to the Representative against delivery to the U.S. Trustee, as custodian for The Depository Trust Company (DTC), for the account of the Underwriters, of one or more global notes representing the Securities (collectively, the Global Note), with any transfer taxes payable in connection with the sale of the Securities duly paid by the Company. The Global Note will be made available for inspection by the Representative not later than 5:00 P.M., New York City time, on the business day prior to the Closing Date.
(e) The Company and the Guarantors acknowledge and agree that each Underwriter is acting solely in the capacity of an arms length contractual counterparty to the Company and the Guarantors with respect to the offering of Securities contemplated hereby (including in connection with determining the terms of the offering) and not as a financial advisor or a fiduciary to, or an agent of, the Company, the Guarantors or any other person. Additionally, neither the Representative nor any other Underwriter is advising the Company, the Guarantors or any other person as to any legal, tax, investment, accounting or regulatory matters in any jurisdiction. The Company and the Guarantors shall consult with their own advisors concerning such matters and shall be responsible for making their own independent investigation and appraisal of the transactions contemplated hereby, and neither the Representative nor any other Underwriter shall have any responsibility or liability to the Company or the Guarantors with respect thereto. Any review by the Representative or any Underwriter of the Company, the Guarantors, the transactions contemplated hereby or other matters relating to such transactions will be performed solely for the benefit of the Representative or such Underwriter and shall not be on behalf of the Company or the Guarantors or any other person.
3. Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors jointly and severally represent and warrant to each Underwriter that:
(a) Preliminary Prospectus. No order preventing or suspending the use of any Preliminary Prospectus has been issued by the Commission or by any Canadian Securities Commission, and each Preliminary Prospectus, at the time of filing thereof (or, in the case of the Canadian Preliminary Prospectus as of its date), complied in all material respects with the applicable requirements of the Securities Act and the securities laws in each of the Provinces of Canada other than the Province of Quebec (the Qualifying Provinces) and the respective rules and regulations under such laws, including national or multilateral instruments adopted in the Qualifying Provinces, together with the published policy statements, blanket orders and notices of the Canadian Securities Commissions (collectively, Canadian Securities Laws), and did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that the Company and the Guarantors make no representation or warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company and the Guarantors in writing by such Underwriter through the Representative expressly for use in any Preliminary Prospectus, it being understood and agreed that the only such information is that described as such in Schedule 6.
(b) Time of Sale Information. The Time of Sale Information, at the Time of Sale, did not, and at the Closing Date will not, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that the Company and the Guarantors make no representation or warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company and the Guarantors in writing by such Underwriter through the Representative expressly for use in any Preliminary Prospectus, it being understood and agreed that the only such information is that described as such in Schedule 6.
(c) Issuer Free Writing Prospectus. The Company and the Guarantors (including their agents and representatives, other than the Underwriters in their capacity as such) have not prepared, made, used, authorized, approved or referred to and will not prepare, make, use, authorize, approve or refer to any written communication (as defined in Rule 405 under the Securities Act) that constitutes an offer to sell or solicitation of an offer to buy the Securities (each such communication by the Company and the Guarantors or their agents and representatives (other than a communication referred to in clauses (i) (ii) and (iii) below) an Issuer Free Writing Prospectus) other than (i) any document not constituting a prospectus pursuant to Section 2(a)(10)(a) of the Securities Act or Rule 134 under the Securities Act, (ii) the Preliminary Prospectus, (iii) the Prospectus, (iv) the documents listed on Annex A hereto as constituting part of the Time of Sale Information and (v) any electronic road show or other written communications, in each case approved in writing in advance by the Representative. Each such Issuer Free Writing Prospectus complies in all material respects with the Securities Act, has been or will be (within the time period specified in Rule 433) filed in accordance with the Securities Act (to the extent required thereby) and, when taken together with the Preliminary Prospectus accompanying, or delivered prior to delivery of, such Issuer Free Writing Prospectus, did not at the Time of Sale, and at the Closing Date will not, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that the Company and the Guarantors make no representation or warranty with respect to any statements or omissions made in each such Issuer Free Writing Prospectus in reliance upon and in conformity with information relating to any Underwriter furnished to the Company and the Guarantors in writing by such Underwriter through the Representative expressly for use in any Issuer Free Writing Prospectus, it being understood and agreed that the only such information is that described as such in Schedule 6.
(d) Registration Statement and Prospectus. The Registration Statement is an automatic shelf registration statement as defined under Rule 405 of the Securities Act that has been filed with the Commission not earlier than three years prior to the date hereof; and no notice of objection of the Commission to the use of such registration statement or any post-effective amendment thereto pursuant to Rule 401(g)(2) under the Securities Act has been received by the Company. No order suspending the effectiveness of the Registration Statement has been issued by the Commission, and no proceeding for that purpose or pursuant to Section 8A of the Securities Act against the Company or related to the offering has been initiated or threatened by the Commission; as of the applicable effective date of the Registration Statement, and any amendment thereto, the Registration Statement complied and will comply in all material respects with the Securities Act and the Trust Indenture Act of 1939, as amended, and the rules and regulations of the Commission thereunder (collectively, the Trust Indenture Act), and did not and will not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein not misleading; and as of the date of the Prospectus and any amendment or supplement thereto and as of the Closing Date, the Prospectus will not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; and as of the date of the Canadian Final Prospectus and any amendment or supplement thereto and as of the Closing Date, the Canadian Final Prospectus will contain full, true and plain disclosure of all material facts relating
to the Securities; provided that the Company makes no representation or warranty with respect to (i) that part of the Registration Statement that constitutes the Statement of Eligibility and Qualification (Form T-1) of the U.S. Trustee under the Trust Indenture Act or (ii) any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representative expressly for use in the Registration Statement and the Prospectus and any amendment or supplement thereto, it being understood and agreed that the only such information is that described as such in Schedule 6.
(e) Incorporated Documents. The documents incorporated by reference in each of the Registration Statement, the U.S. Prospectus and the Time of Sale Information, when they were filed with the Commission, conformed in all material respects to the requirements of the Exchange Act, and the documents incorporated by reference in the Canadian Final Prospectus, when they were filed with the Canadian Securities Commissions, conformed in all material respects to the requirements of Canadian Securities Laws; none of such documents contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; and any further documents so filed and incorporated by reference in the Registration Statement, the Prospectus or the Time of Sale Information, when such documents become effective or are filed with the Commission and the Canadian Securities Commissions, as the case may be, will conform in all material respects to the applicable requirements of the Securities Act, the Exchange Act, or Canadian Securities Laws, and will not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.
(f) Financial Statements. The financial statements and the related notes thereto included in or incorporated by reference in each of the Registration Statement, the Time of Sale Information and the Prospectus comply in all material respects with the applicable requirements of the Securities Act, the Exchange Act and Canadian Securities Laws, as applicable, and present fairly the financial position of the Company and its subsidiaries as of the dates indicated and the results of their operations and the changes in their cash flows for the periods specified; such financial statements have been prepared in conformity with generally accepted accounting principles applied on a consistent basis throughout the periods covered thereby, and the supporting schedules included or incorporated by reference in each of the Registration Statement, the Prospectus and the Time of Sale Information present fairly the information required to be stated therein; and the other financial information included or incorporated by reference in each of the Registration Statement, the Time of Sale Information and the Prospectus has been derived from the accounting records of the Company and its subsidiaries and presents fairly the information shown thereby. The interactive data in eXtensbile Business Reporting Language (XBRL) incorporated by reference in the Registration Statement, the U.S. Prospectus and the Time of Sale Information fairly presents the information called for in all material respects and is prepared in accordance with the Commissions rules and guidelines applicable thereto.
(g) No Material Adverse Change.Since the date of the most recent financial statements of the Company included or incorporated by reference in each of the Registration Statement,
the Time of Sale Information and the Prospectus, (i) there has not been any change in the capital stock or long-term debt of the Company or any of its subsidiaries, or any dividend or distribution of any kind declared, set aside for payment, paid or made by the Company on any class of capital stock, or any material adverse change, or any development involving a prospective material adverse change, in or affecting the business, properties, management, financial position or results of operations of the Company and its subsidiaries taken as a whole; (ii) neither the Company nor any of its subsidiaries has entered into any transaction or agreement that is material to the Company and its subsidiaries taken as a whole or incurred any liability or obligation, direct or contingent, that is material to the Company and its subsidiaries taken as a whole, except as disclosed in each of the Registration Statement, the Time of Sale Information and the Prospectus; and (iii) neither the Company nor any of its subsidiaries has sustained any material loss or interference with its business from fire, explosion, flood or other calamity, whether or not covered by insurance, or from any labor disturbance or dispute or any action, order or decree of any court or arbitrator or governmental or regulatory authority, except in each case as otherwise disclosed in each of the Registration Statement, the Time of Sale Information and the Prospectus.
(h) Organization and Good Standing. The Company and each of its subsidiaries have been duly organized and are validly existing and in good standing under the laws of their respective jurisdictions of organization, are duly qualified to do business and are in good standing in each jurisdiction in which their respective ownership or lease of property or the conduct of their respective businesses requires such qualification, and have all power and authority necessary to own or hold their respective properties and to conduct the businesses in which they are engaged, except where the failure to be so qualified, in good standing or have such power or authority would not, individually or in the aggregate, reasonably be expected to have a material adverse effect on the business, properties, management, financial position or results of operations of the Company and its subsidiaries taken as a whole or on the performance by the Company and the Guarantors of their obligations under this Agreement, the Securities, the Guarantees and the Security Documents (a Material Adverse Effect). The Company does not own or control, directly or indirectly, any corporation, association or other entity other than the subsidiaries listed in Schedule 7 to this Agreement.
(i) Capitalization. The Company has an authorized capitalization as set forth in each of the Registration Statement, the Time of Sale Information and the Prospectus under the heading Capitalization, and all the outstanding shares of capital stock or other equity interests of each subsidiary of the Company have been duly and validly authorized and issued, are fully paid and non-assessable (except, in the case of any foreign subsidiary, for directors qualifying shares) and are owned directly or indirectly by the Company, free and clear of any lien, charge, encumbrance, security interest, restriction on voting or transfer or any other claim of any third party, other than those arising under the Credit Agreement.
(j) Due Authorization. The Company and each of the Guarantors have full power and authority to execute and deliver this Agreement, the Securities (including the Guarantees), the Indenture, the Intercreditor Agreement and the Security Documents (collectively, the Transaction Documents) and to perform their respective obligations hereunder and thereunder; and all action required to be taken for the due and proper authorization, execution and delivery of each of the
Transaction Documents to which it is a party and the consummation by each of them of the transactions contemplated thereby has been duly and validly taken.
(k) The Indenture. The Indenture has been duly authorized by the Company and each of the Guarantors and upon effectiveness of the Registration Statement was or will have been duly qualified under the Trust Indenture Act and, when duly executed and delivered in accordance with its terms by each of the parties thereto, will constitute a valid and legally binding agreement of the Company and each of the Guarantors enforceable against the Company and each of the Guarantors in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium or similar laws affecting the enforcement of creditors rights generally or by equitable principles relating to enforceability (collectively, the Enforceability Exceptions).
(l) The Securities and the Guarantees. The Securities have been duly authorized by the Company and, when duly executed, authenticated, issued and delivered as provided in the Indenture and paid for as provided herein, will be duly and validly issued and outstanding and will constitute valid and legally binding obligations of the Company enforceable against the Company in accordance with their terms, subject to the Enforceability Exceptions, and will be entitled to the benefits of the Indenture; and the Guarantees contained in the Indenture have been duly authorized by each of the Guarantors and, when the Indenture has been duly executed and delivered in accordance with its terms by each of the parties thereto and the Securities have been duly executed, authenticated, issued and delivered as provided in the Indenture and paid for as provided herein, the Guarantees will be valid and legally binding obligations of each of the Guarantors, enforceable against each of the Guarantors in accordance with their terms, subject to the Enforceability Exceptions, and will be entitled to the benefits of the Indenture.
(m) Underwriting Agreement. This Agreement has been duly authorized, executed and delivered by the Company and each of the Guarantors.
(n) Mortgages. When the Mortgages are duly recorded, registered and/or indexed (as applicable) in the proper recorders offices or appropriate public records and the mortgage recording or registration fees and taxes, if any, in respect thereof are paid and compliance is otherwise had with the formal requirements of state, provincial and other local law applicable to the recording of real estate mortgages generally, each such Mortgage shall constitute a validly perfected and enforceable first-priority mortgage lien and security interest in the related Mortgaged Property in favor of the Collateral Agent for its benefit and the benefit of the Trustees and the holders of the Securities, subject to Permitted Liens and the Enforceability Exceptions (as defined in the Time of Sale Information and the Prospectus under the heading Description of Notes).
(o) Pledged Collateral and Filings. Upon the delivery to the Collateral Agent of certificates representing shares of capital stock and any other certificates or instruments required to be delivered in accordance with the provisions of the Security Documents, and the filing of financing statements or Mortgages filed as fixture filings (Fixture Filings), as applicable, with respect to the Collateral described in the Security Agreements and the fixtures described in the financing statements or Fixture Filings (such Collateral, collectively, the Personal Property Collateral), in the proper filing or recording office and taking of other perfection steps specified in
the Security Documents (if required pursuant to the Security Documents), the security interests granted thereby will constitute valid, perfected and, to the extent applicable in the relevant jurisdictions, first-priority liens and security interests in the Personal Property Collateral of each grantor or mortgagor, as applicable, in favor of the Collateral Agent for the benefit of itself, the Trustees and the holders of the Securities, enforceable in accordance with the terms contained therein, to the extent such security interests can be perfected by possession or control of such certificates representing shares of capital stock or other equity interests, by filing a financing statement or under (A) the Uniform Commercial Code (the UCC) of the jurisdiction of organization of such grantor, or (B) the Personal Property Security Act (British Columbia) (the PPSA), or (C) the personal property security legislation applicable to the Personal Property Collateral, or under the local law of the jurisdiction in which the fixtures are located or by such other actions, and subject only to any exceptions permitted by the Indenture and the Security Documents, and to the Enforceability Exceptions.
(p) Security Documents. Each of the Security Documents has been duly authorized by the Company and each of the Guarantors and, when duly executed and delivered in accordance with its terms by each of the parties thereto, will constitute a valid and legally binding agreement of the Company and each of the Guarantors enforceable against the Company and each of the Guarantors in accordance with its terms, subject to the Enforceability Exceptions. The Security Documents, except for the Mortgages, when executed and delivered in connection with the sale of the Securities, will create in favor of the Collateral Agent for the benefit of itself, the Trustees and the holders of the Securities, valid and (to the extent all required filings, recording, notices or other perfection steps with respect to, and deliveries of, Personal Property Collateral have been made as described in the Security Documents) enforceable security interests in and liens on the Personal Property Collateral, subject to Permitted Liens and the Enforceability Exceptions.
(q) Descriptions of the Transaction Documents. Each Transaction Document conforms in all material respects to the description thereof contained in each of the Registration Statement, the Time of Sale Information and the Prospectus.
(r) No Violation or Default. Neither the Company nor any of its subsidiaries is (i) in violation of its charter or by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is subject; or (iii) in violation of any law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority have jurisdiction over the Company or any of its subsidiaries or any of their respective properties, assets or operations, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
(s) No Conflicts. The execution, delivery and performance by the Company and each of the Guarantors of each of the Transaction Documents to which it is a party, the issuance and sale of the Securities (including the Guarantees) and compliance by the Company and each of the Guarantors
with the terms thereof, the grant and perfection of security interests and the consummation of the transactions contemplated by the Transaction Documents will not (i) conflict with or result in a breach or violation of any of the terms or provisions of, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any property or assets of the Company or any of its subsidiaries pursuant to, any indenture, mortgage, charge, debenture, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is subject, (ii) result in any violation of the provisions of the charter or by-laws or similar organizational documents of the Company or any of its subsidiaries or (iii) result in the violation of any law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority having jurisdiction over the Company or any of its subsidiaries or any of their respective properties, assets or operations, except, in the case of clauses (i) and (iii) above, for any such conflict, breach, violation or default that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
(t) No Consents Required. No consent, approval, authorization, order, registration or qualification of or with any court or arbitrator or governmental or regulatory authority having jurisdiction over the Company or any of its subsidiaries or any of their respective properties, assets or operations is required for the execution, delivery and performance by the Company and each of the Guarantors of each of the Transaction Documents to which it is a party, the issuance and sale of the Securities (including the Guarantees) and compliance by the Company and each of the Guarantors with the terms thereof and the consummation of the transactions contemplated by the Transaction Documents, except for the registration of the Securities and the Guarantees under the Securities Act, the filing of the Canadian Final Prospectus with the Canadian Securities Commissions to qualify the distribution of the Securities, the qualification of the Indenture under the Trust Indenture Act, such filings and recordings as may be required to perfect liens under the Security Documents and such consents, approvals, authorizations, orders and registrations or qualifications as may be required under applicable state securities laws and Canadian Securities Laws in connection with the purchase and distribution of the Securities (including the Guarantees) by the Underwriters.
(u) Legal Proceedings. Except as described in each of the Registration Statement, the Time of Sale Information and the Prospectus, there are no legal, governmental or regulatory investigations, actions, suits or proceedings pending to which the Company or any of its subsidiaries is or may be a party or to which any property of the Company or any of its subsidiaries is or may be the subject that, individually or in the aggregate, if determined adversely to the Company or any of its subsidiaries, could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect; and no such investigations, actions, suits or proceedings are threatened or, to the best knowledge of the Company and each of the Guarantors, contemplated by any governmental or regulatory authority or threatened by others.
(v) Independent Accountants. KPMG LLP and PricewaterhouseCoopers LLP, who have certified certain financial statements of the Company and its subsidiaries, are each an independent registered public accounting firm with respect to the Company and its subsidiaries within the applicable rules and regulations adopted by the Commission and the Public Company
Accounting Oversight Board (United States) and as required by the Securities Act and any applicable Canadian auditor independence professional standards or other applicable requirements.
(w) Title to Real and Personal Property. The Company and its subsidiaries have good and (x)in the case of each Mortgaged Property located in the United States of America (each, a U.S. Mortgaged Property), insurable title and (y) in the case of each Mortgaged Property located in Canada (each, a Canadian Mortgaged Property), marketable title; in fee simple to, or valid leasehold or subleasehold interests in, or have valid mining tenements, mining rights, easements, rights of way, auxiliary rights or rights to lease or otherwise use, all items of real and personal property that are material to the respective businesses of the Company and its subsidiaries (the Material Properties), in each case free and clear of all liens, encumbrances, claims and defects and imperfections of title except Permitted Liens.
Each of the Material Properties (including the Mortgaged Properties) comply with all applicable codes, laws and regulations (including without limitation, building and zoning codes, laws and regulations and laws relating to access to such properties), except if and to the extent disclosed in the Time of Sale Information and the Prospectus or except for such failures to comply that would not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect. On the Closing Date, except as described in the Time of Sale Information and the Prospectus, no portion of any Mortgaged Properties of the Company or the Guarantors that is a Material Property (a Material Real Property) has suffered any material damage by fire or other casualty loss that has not heretofore been repaired and restored in all material respects to its original condition or otherwise remedied. On the Closing Date, all material permits required to have been issued or appropriate to enable such Material Real Property to be lawfully occupied and used for all of the purposes for which it is currently occupied and used have been lawfully issued and are in full force and effect. Except as would not reasonably be expected to have a Material Adverse Effect, the assets and properties owned, leased or otherwise used by the Company or the Guarantors are in good repair, working order and condition (reasonable wear and tear excepted).
Except as could not reasonably be expected to have a Material Adverse Effect, (A) each Mortgaged Property is served by water, electric, sewer, sanitary sewer, storm drain facilities and other utilities to the extent necessary for the continued use and enjoyment of such Mortgaged Property as presently used and enjoyed, (B) all public utilities necessary to the continued use and enjoyment of each Mortgaged Property as presently used and enjoyed are located in the public right-of-way abutting the premises or within easements serving the premises, and all such utilities are connected so as to serve such Mortgaged Property, (C) no material improvements on adjoining properties encroach upon any Mortgaged Property, (D) no easements or other encumbrances upon any Mortgaged Property encroach upon any of the improvements so as to affect the value or marketability of such Mortgaged Property and (E) no material improvements constituting Mortgaged Property materially encroach upon a property or easement requiring removal and relocation of all or a portion of such improvements.
Neither the Company nor any subsidiary has reason to believe that its mineral reserves are materially different in an adverse manner than the estimated amount of such reserves contained in the Time of Sale Information and the Prospectus, as of the Closing Date, and, to the knowledge of the Company, there have been no material changes to the estimates contained in the Time of Sale Information and the Prospectus, as of the Closing Date, or the underlying assumptions and methodologies
used to calculate the estimates. The Time of Sale Information and the Prospectus, as of the Closing Date, describe each of the material mines of the Company and its subsidiaries, together with all material lands used in connection with the extraction, transport, storage, processing and preparation currently owned, leased or operated by the Company or any subsidiary as of the Closing Date.
(x) Reserve Data. The proven and probable reserves and measured and indicated resources estimates of the Company and its subsidiaries as of December 31, 2011 contained or incorporated by reference in each of the Registration Statement, the Time of Sale Information and the Prospectus were prepared by, or prepared by appropriate personnel of the Company and verified by, (a) Michael J. Lechner, P. Geo., of Resource Modeling Inc., (b) John M. Marek, P.E., and Herbert E. Welhener, MMSA-QPM, of Independent Mining Consultants, Inc. and (c) Darin Labrenz, P. Geo., each of whom is a Qualified Person (as such term is defined in National Instrument 43-101 Standards of Disclosure for Mineral Projects of the Canadian Securities Administrators (NI 43-101)), in each case, as set forth and to the extent indicated therein, and such estimates fairly reflect, in all material respects, the proven and probable reserves and measured and indicated resources of the Company and its subsidiaries, as applicable, at the effective dates of such estimates and are in accordance, in all material respects, with Commission guidelines applied on a consistent basis throughout the periods involved, and with NI 43-101. The technical reports filed by the Company with the Canadian Securities Commissions have been prepared in accordance with, and such technical reports and the proven and probable reserves and measured and indicated resources estimates included in each of the Time of Sale Information and the Prospectus comply in all material respects with, the requirements of NI 43-101. The authors of such technical reports meet the qualification requirements and, to the extent applicable, the independence requirements of NI 43-101.
(y) Independent Consultants. (i) Resource Modeling Inc., which serves as an independent mining industry consultant, to the best knowledge of the Company and each of the Guarantors (1) does not have any direct material financial interest or material indirect financial interest in the Thompson Creek Mine, the Company or any of the Guarantors other than the compensation payable to it in respect of its engagements by the Company or any of the Guarantors in respect of the Thompson Creek Mine, and (2) was not and is not connected as a promoter, underwriter, voting trustee, director, officer or employee of the Thompson Creek Mine, the Company or any of the Guarantors; and (ii) Independent Mining Consultants, Inc., which serves as an independent mining industry consultant, to the best knowledge of the Company and each of the Guarantors (1) does not have any direct material financial interest or material indirect financial interest in the Thompson Creek Mine, the Endako Mine, the Mt. Milligan project, the Company or any of the Guarantors other than the compensation payable to it in respect of its engagements by the Company or any of the Guarantors in respect of the Thompson Creek Mine, the Endako Mine and the Mt. Milligan project, and (2) was not and is not connected as a promoter, underwriter, voting trustee, director, officer or employee of the Thompson Creek Mine, the Endako Mine, the Mt. Milligan project, the Company or any of the Guarantors.
(z) Title to Intellectual Property. The Company and its subsidiaries own or possess adequate rights to use all material patents, patent applications, trademarks, service marks, trade names, trademark registrations, service mark registrations, copyrights, licenses and know-how (including
trade secrets and other unpatented and/or unpatentable proprietary or confidential information, systems or procedures) necessary for the conduct of their respective businesses; and the conduct of their respective businesses will not conflict in any material respect with any such rights of others, and the Company and its subsidiaries have not received any notice of any claim of infringement or conflict with any such rights of others, except for any such notice of infringement or conflict that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
(aa) No Undisclosed Relationships. No relationship, direct or indirect, exists between or among the Company or any of its subsidiaries, on the one hand, and the directors, officers, stockholders or other affiliates of the Company or any of its subsidiaries, on the other, that is required by the Securities Act to be described in each of the Registration Statement and the Prospectus and that is not so described in such documents and in the Time of Sale Information. There is no such relationship that is required by Canadian Securities Laws to be described in the Canadian Final Prospectus that is not so described.
(bb) Investment Company Act. Neither the Company nor any of its subsidiaries is and, after giving effect to the offering and sale of the Securities and the application of the proceeds thereof as described in each of the Registration Statement, the Time of Sale Information and the U. S. Prospectus, none of them will be required to register as an investment company or an entity controlled by an investment company within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations of the Commission thereunder (collectively, the Investment Company Act).
(cc) Taxes. The Company and its subsidiaries have paid all U.S. and Canadian federal, state, provincial, territorial and local taxes and all foreign taxes, and filed all tax returns required to be paid or filed through the date hereof, except for any such non-payment as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect; and except as otherwise disclosed in each of the Registration Statement, the Time of Sale Information and the Prospectus, there is no tax deficiency that has been, or could reasonably be expected to be, asserted against the Company or any of its subsidiaries or any of their respective properties or assets.
(dd) Licenses and Permits. The Company and its subsidiaries possess all licenses, certificates, permits, approvals, consents and other authorizations issued by, and have made all declarations and filings with, the appropriate U.S. and Canadian federal, state, provincial, territorial, local or foreign governmental or regulatory authorities that are necessary for the ownership or lease of their respective properties or the conduct of their respective businesses as described in each of the Registration Statement, the Time of Sale Information and the Prospectus, except where the failure to possess or make the same would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect; and except as described in each of the Registration Statement, the Time of Sale Information and the Prospectus, neither the Company nor any of its subsidiaries has received notice of any revocation or modification of any such license, certificate, permit or authorization or has any reason to believe that any such license, certificate, permit or authorization will not be renewed in the ordinary course, except such notice of revocation or modification or non-renewal as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
(ee) No Labor Disputes. No labor disturbance by or dispute with employees of the Company or any of its subsidiaries exists or, to the best knowledge of the Company and each of the Guarantors, is threatened, and neither the Company nor any Guarantor is aware of any existing or imminent labor disturbance by, or dispute with, the employees of any of the Companys or any of the Companys subsidiaries principal suppliers, contractors or customers, except as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
(ff) Compliance with Environmental Laws. (i) Except as described in the Registration Statement, the Time of Sale Information and the Prospectus, the Company and its subsidiaries (x) are in compliance with, and have not violated, any and all applicable federal, state, provincial, territorial, local and foreign laws, rules, regulations and other legally enforceable requirements relating to 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 permits, licenses, certificates or other authorizations or approvals required of them under applicable Environmental Laws to conduct their respective businesses as currently conducted; and (z) have not received notice of any actual or potential liability under or relating to 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 failure to comply, or failure to receive required permits, licenses or approvals, or cost or liability, 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 Time of Sale Information and the Prospectus, (x) there are no proceedings that are pending, or that are 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 proceedings 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 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 operating costs of the Company and its subsidiaries, and (z) none of the Company and its subsidiaries anticipates material capital expenditures relating to any Environmental Laws.
(gg) Compliance with ERISA. (i) Each employee benefit plan, within the meaning of Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended (ERISA), for which the Company or any member of its Controlled Group (defined as any organization which is a member of a controlled group of corporations within the meaning of Section 414 of the Internal Revenue Code of 1986, as amended (the Code)) would have any liability (each, a Plan) has been maintained in compliance with its terms and the requirements of any applicable statutes, orders, rules and regulations, including but not limited to ERISA and the Code; (ii) no prohibited transaction, within the meaning of Section 406 of ERISA or Section 4975 of the Code, has occurred with respect to any Plan excluding transactions effected pursuant to a statutory or administrative exemption; (iii) for each Plan that is subject to the funding rules of Section 412 of the Code or Section 302 of ERISA, no accumulated funding deficiency as defined in
Section 412 of the Code, whether or not waived, has occurred or is reasonably expected to occur; (iv) the fair market value of the assets of each Plan exceeds the present value of all benefits accrued under such Plan (determined based on those assumptions used to fund such Plan); (v) no reportable event (within the meaning of Section 4043(c) of ERISA) has occurred or is reasonably expected to occur; and (vi) neither the Company nor any member of the Controlled Group has incurred, nor reasonably expects to incur, any material liability under Title IV of ERISA (other than contributions to the Plan or premiums to the PBGC, in the ordinary course and without default) in respect of a Plan (including a multiemployer plan, within the meaning of Section 4001(a)(3) of ERISA), except, in the case of each of clauses (i), (ii), (iv) and (v) above, as would not reasonably be expected to have a Material Adverse Effect.
(hh) Disclosure Controls. The Company and its subsidiaries, taken as a whole, maintain an effective system of disclosure controls and procedures (as defined in Rule 13a-15(e) of the Exchange Act) that is designed to ensure that information required to be disclosed by the Company in reports that it files or submits under the Exchange Act is recorded, processed, summarized and reported within the time periods specified in the Commissions rules and forms, including controls and procedures designed to ensure that such information is accumulated and communicated to the Companys management as appropriate to allow timely decisions regarding required disclosure. The Company and its subsidiaries have carried out evaluations of the effectiveness of their disclosure controls and procedures as required by Rule 13a-15 of the Exchange Act. The Company is in compliance with all requirements of Canadian Securities Laws applicable to it concerning disclosure controls and procedures.
(ii) Accounting Controls. The Company and its subsidiaries, taken as a whole, maintain systems of internal control over financial reporting as defined in Rule 13a-15(f) of the Exchange Act that comply with the requirements of the Exchange Act and have been designed by, or under the supervision of, their respective principal executive and principal financial officers, or persons performing similar functions, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles, including, but not limited to, internal accounting controls sufficient to provide reasonable assurance that (i) transactions are executed in accordance with managements general or specific authorizations; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles and to maintain asset accountability; (iii) access to assets is permitted only in accordance with managements general or specific authorization; (iv) the recorded accountability for assets is compared with the existing assets at reasonable intervals and appropriate action is taken with respect to any differences; and (v) interactive data in XBRL included or incorporated by reference in the Registration Statement, the U.S. Prospectus and the Time of Sale Information is prepared in accordance with the Commissions rules and guidelines applicable thereto. Except as disclosed in each of the Registration Statement, the Time of Sale Information and the Prospectus, there are no (i) material weaknesses in the Companys and its subsidiaries internal controls, taken as a whole, or (ii) significant deficiencies in the Companys and its subsidiaries internal controls that would have a material impact on the reliability of financial reporting and the preparation of financial statements of the Company and its subsidiaries, taken as a whole. The Company is in compliance with all requirements of Canadian Securities Laws applicable to it concerning internal control over financial reporting.
(jj) Insurance. The Company and its subsidiaries have insurance covering their respective properties, operations, personnel and businesses, including business interruption insurance, which insurance is in amounts and insures against such losses and risks as are customary to protect the Company and its subsidiaries and their respective businesses; and neither the Company nor any of its subsidiaries has (i) received notice from any insurer or agent of such insurer that capital improvements or other expenditures are required or necessary to be made in order to continue such insurance or (ii) any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage at reasonable cost from similar insurers as may be necessary to continue its business.
(kk) No Unlawful Payments. Neither the Company nor any of its subsidiaries nor, to the best knowledge of the Company and each of the Guarantors, any director, officer, agent, employee or other person associated with or acting on behalf of the Company or any of its subsidiaries has (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expense relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the Foreign Corrupt Practices Act of 1977 or The Corruption of Foreign Public Officials Act (Canada); or (iv) made any bribe, rebate, payoff, influence payment, kickback or other unlawful payment.
(ll) Compliance with Money Laundering Laws. The operations of the Company and its subsidiaries are and have been conducted at all times in compliance with applicable financial recordkeeping and reporting requirements of the Currency and Foreign Transactions Reporting Act of 1970, as amended, the money laundering or terrorist financing statutes of all jurisdictions in which the Company or any of its subsidiaries owns property, assets or conducts its respective operations, the rules and regulations thereunder and any related or similar rules, regulations or guidelines, issued, administered or enforced by any governmental agency (collectively, the Money Laundering Laws), and no action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company or any of its subsidiaries with respect to the Money Laundering Laws is pending or, to the best knowledge of the Company and each of the Guarantors, threatened.
(mm) Compliance with OFAC. None of the Company, any of its subsidiaries or, to the best knowledge of the Company and each of the Guarantors, any director, officer, agent, employee or affiliate of the Company or any of its subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury (OFAC); and the Company will not directly or indirectly use the proceeds of the offering of the Securities hereunder, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
(nn) Solvency. On the Closing Date, the Company and each of the Guarantors (after giving effect to the issuance of the Securities, the issuance of the Guarantees and the other transactions related thereto as described in each of the Registration Statement, the Time of Sale Information and the Prospectus), taken as a whole, will be Solvent. As used in this paragraph, the term Solvent means, with respect to a particular date, that on such date (i) the present fair market value (or present fair saleable value) of the assets of the Company and each of the Guarantors is not less than the
total amount required to pay the liabilities of the Company and each of the Guarantors on its total existing debts and liabilities (including contingent liabilities) as they become absolute and matured; (ii) the Company and each of the Guarantors is able to realize upon its assets and pay its debts and other liabilities, contingent obligations and commitments as they mature and become due in the normal course of business; (iii) assuming consummation of the issuance of the Securities and the issuance of the Guarantees as contemplated by this Agreement, each of the Registration Statement, the Time of Sale Information and the Prospectus, the Company and each of the Guarantors is not incurring debts or liabilities beyond its ability to pay as such debts and liabilities mature; (iv) the Company and each of the Guarantors is not engaged in any business or transaction, and does not propose to engage in any business or transaction, for which its property would constitute unreasonably small capital after giving due consideration to the prevailing practice in the industry in which the Company and each of the Guarantors is engaged; and (v) the Company and each of the Guarantors is not a defendant in any civil action that would result in a judgment that the Company and each of the Guarantors is or would become unable to satisfy.
(oo) No Restrictions on Subsidiaries. No subsidiary of the Company is currently prohibited, directly or indirectly, under any agreement or other instrument to which it is a party or is subject, from paying any dividends to the Company, from making any other distribution on such subsidiarys capital stock, from repaying to the Company any loans or advances to such subsidiary from the Company or from transferring any of such subsidiarys properties or assets to the Company or any other subsidiary of the Company.
(pp) No Brokers Fees. Neither the Company nor any of its subsidiaries is a party to any contract, agreement or understanding with any person (other than this Agreement) that would give rise to a valid claim against the Company or any of its subsidiaries or any Underwriter for a brokerage commission, finders fee or like payment in connection with the offering and sale of the Securities.
(qq) No Registration Rights. No person has the right to require the Company or any of its subsidiaries to register any securities for sale under the Securities Act or qualify any securities for distribution by prospectus under Canadian Securities Laws by reason of the filing of the Registration Statement with the Commission or the issuance and sale of the Securities.
(rr) No Stabilization. Neither the Company nor any of the Guarantors has taken, directly or indirectly, any action designed to or that could reasonably be expected to cause or result in any stabilization or manipulation of the price of the Securities.
(ss) Margin Rules. Neither the issuance, sale and delivery of the Securities nor the application of the proceeds thereof by the Company as described in each of the Registration Statement, the Time of Sale Information and the Prospectus will violate Regulation T, U or X of the Board of Governors of the Federal Reserve System or any other regulation of such Board of Governors.
(tt) Forward-Looking Statements. No forward-looking statement within the meaning of Section 27A of the Securities Act and Section 21E of the Exchange Act or forward-looking information within the meaning of National Instrument 51-102 Continuous Disclosure Obligations (NI 51-102) included or incorporated by reference in any of the Registration Statement, the Time
of Sale Information or the Prospectus has been made or reaffirmed without a reasonable basis or has been disclosed other than in good faith. All forward-looking information contained or incorporated by reference in the Canadian Final Prospectus complies with the requirements of Part 4A and Part 4B of NI 51-102.
(uu) Statistical and Market Data. Nothing has come to the attention of the Company or any of the Guarantors that has caused the Company or such Guarantor to believe that the statistical and market-related data included or incorporated by reference in each of the Registration Statement, the Time of Sale Information and the Prospectus is not based on or derived from sources that are reliable and accurate in all material respects.
(vv) Sarbanes-Oxley Act. There is and has been no failure on the part of the Company or, to the Companys knowledge, any of the Companys directors or officers, in their capacities as such, to comply in all material respects with all applicable provisions of the Sarbanes-Oxley Act of 2002, as amended, and the rules and regulations promulgated in connection therewith (the Sarbanes-Oxley Act), including Section 402 related to loans and Sections 302 and 906 related to certifications.
(ww) Status under the Securities Act. The Company is not an ineligible issuer and is a well-known seasoned issuer, in each case as defined under the Securities Act, in each case at the times specified in the Securities Act in connection with the offering of the Securities.
(xx) Eligibility for Canadian Shelf Prospectus. The Company is eligible to conduct an offering of securities utilizing a short form prospectus under NI 44-101 and is eligible to utilize the shelf prospectus procedures under NI 44-102.
4. Further Agreements of the Company and the Guarantors. The Company and each of the Guarantors jointly and severally covenant and agree with each Underwriter that:
(a) Required Filings. The Company and the Guarantors will file the final U.S. Prospectus with the Commission within the time periods specified by Rule 424(b) and Rule 430A, 430B or 430C under the Securities Act, will file any Issuer Free Writing Prospectus (including the Pricing Term Sheet referred to in Annex B hereto) to the extent required by Rule 433 under the Securities Act; and the Company will file promptly all reports and any definitive proxy or information statements required to be filed by the Company with the Commission pursuant to Section 13(a), 13(c), 14 or 15(d) of the Exchange Act subsequent to the date of the U.S. Prospectus and for so long as the delivery of a prospectus is required in connection with the offering or sale of the Securities in the United States; and the Company will furnish copies of the U.S. Prospectus, the Canadian Final Prospectus and each Issuer Free Writing Prospectus (to the extent not previously delivered) to the Underwriters in New York City (or, in the case of the Canadian Final Prospectus, at such location in Canada as the Representative may request) prior to 10:00 A.M., New York City time, on the business day next succeeding the date of this Agreement in such quantities as the Representative may reasonably request. The Company will pay the registration fees for this offering within the time period required by Rule 456(b)(1)(i) under the Securities Act (without giving effect to the proviso therein) and in any event prior to the Closing Date. The Company and the Guarantors will file the Canadian Final Prospectus Supplement with the Canadian Securities Commissions within the time periods specified by NI 44-102.
(b) Delivery of Copies. The Company will deliver, without charge, (i) to the Representative, two signed copies of the Registration Statement as originally filed and each amendment thereto, in each case including all exhibits and consents filed therewith and documents incorporated by reference therein; and (ii) to each Underwriter (A) a conformed copy of the Registration Statement as originally filed and each amendment thereto, in each case including all exhibits and consents filed therewith and (B) during the Prospectus Delivery Period (as defined below), as many copies of the U.S. Prospectus and the Canadian Final Prospectus (including all amendments and supplements thereto and documents incorporated by reference therein) and each Issuer Free Writing Prospectus as the Representative may reasonably request. As used herein, the term Prospectus Delivery Period means such period of time after the first date of the public offering of the Securities as in the opinion of counsel for the Underwriters a prospectus relating to the Securities is required by law to be delivered (or required to be delivered but for Rule 172 under the Securities Act) in connection with sales of the Securities by any Underwriter or any dealer.
(c) Amendments or Supplements; Issuer Free Writing Prospectuses. Before making, preparing, using, authorizing, approving, referring to or filing any Issuer Free Writing Prospectus, and before filing any amendment or supplement to the Registration Statement, the U.S. Prospectus or the Canadian Final Prospectus, whether before or after the time that the Registration Statement becomes effective, the Company will furnish to the Representative and counsel for the Underwriters a copy of the proposed Issuer Free Writing Prospectus, amendment or supplement for review and will not make, prepare, use, authorize, approve, refer to or file any such Issuer Free Writing Prospectus or file any such proposed amendment or supplement to which the Representative reasonably objects.
(d) Notice to the Representative. The Company will advise the Representative promptly, and confirm such advice in writing, (i) when any amendment to the Registration Statement has been filed or becomes effective; (ii) when any supplement to the Prospectus or any amendment to the U.S. Prospectus, the Canadian Final Prospectus or any Issuer Free Writing Prospectus has been filed; (iii) of any request by the Commission or any Canadian Securities Commission for any amendment to the Registration Statement or any amendment or supplement to the U.S. Prospectus or the Canadian Final Prospectus, or the receipt of any comments from the Commission or the Canadian Securities Commissions relating to the Registration Statement or the Canadian Final Prospectus or any other request by the Commission or by a Canadian Securities Commission for any additional information; (iv) of the issuance by the Commission of any order suspending the effectiveness of the Registration Statement or preventing or suspending the use of any U.S. Preliminary Prospectus or the U.S. Prospectus, the issuance by any Canadian Securities Commission of any order suspending the effectiveness of the Canadian Shelf Prospectus or preventing or suspending the use of any Canadian Preliminary Prospectus or the Canadian Final Prospectus or the initiation or threatening of any proceeding for that purpose or pursuant to Section 8A of the Securities Act or applicable provisions of Canadian Securities Laws; (v) of the occurrence of any event within the Prospectus Delivery Period as a result of which the Prospectus, the Time of Sale Information or any Issuer Free Writing Prospectus as then amended or supplemented would include any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances existing when the Prospectus, the Time of Sale Information or any such Issuer
Free Writing Prospectus is delivered to a purchaser, not misleading; or the occurrence of any event prior to the completion of the distribution of the Securities (within the meaning of Canadian Securities Laws) as a result of which the Canadian Final Prospectus would not constitute full, true and plain disclosure of all material facts relating to the Securities; (vi) of the receipt by the Company of any notice of objection of the Commission to the use of the Registration Statement or any post-effective amendment thereto pursuant to Rule 401(g)(2) under the Securities Act; and (vii) of the receipt by the Company of any notice with respect to any suspension of the qualification of the Securities for offer and sale in any jurisdiction or the initiation or threatening of any proceeding for such purpose; and the Company will use its reasonable best efforts to prevent the issuance of any such order suspending the effectiveness of the Registration Statement, preventing or suspending the use of any Preliminary Prospectus or the Prospectus or suspending any such qualification of the Securities and, if any such order is issued, will obtain as soon as possible the withdrawal thereof.
(e) Time of Sale Information. If at any time prior to the Closing Date (i) any event shall occur or condition shall exist as a result of which any of the Time of Sale Information as then amended or supplemented would include any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading or (ii) it is necessary to amend or supplement the Time of Sale Information to comply with law, the Company will immediately notify the Underwriters thereof and forthwith prepare and, subject to paragraph (c) above, file with the Commission (to the extent required) and furnish to the Underwriters and to such dealers as the Representative may designate such amendments or supplements to the Time of Sale Information (or any document to be filed with the Commission and incorporated by reference therein) as may be necessary so that the statements in any of the Time of Sale Information as so amended or supplemented (including such documents to be incorporated by reference therein) will not, in the light of the circumstances under which they were made, be misleading or so that any of the Time of Sale Information will comply with law. All Time of Sale Information as at the Time of Sale will be contained or incorporated by reference in the Canadian Final Prospectus. In the event that any amendment or supplement to the Time of Sale Information is required pursuant to this paragraph (e), the Company will immediately notify the Underwriters thereof and forthwith prepare and, subject to paragraph (c) above, file with the Canadian Securities Commissions and furnish to the Underwriters and to such dealers as the Representative may designate such amendments or supplements to the Canadian Final Prospectus (or any document to be filed with the Canadian Securities Commissions and incorporated by reference therein) as may be necessary so that the statements in the Canadian Final Prospectus as so amended or supplemented (including such documents to be incorporated by reference therein) will not, in the light of the circumstances under which they were made, be misleading and will constitute full, true and plain disclosure of all material facts relating to the Securities.
(f) Ongoing Compliance. If during the Prospectus Delivery Period (i) any event shall occur or condition shall exist as a result of which the Prospectus as then amended or supplemented would include any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances existing when the Prospectus is delivered to a purchaser, not misleading; (ii) it is necessary to amend or supplement the Prospectus to comply with law; or (iii) it is necessary to
amend or supplement the Canadian Final Prospectus in accordance with Canadian Securities Laws, the Company will immediately notify the Underwriters thereof and forthwith prepare and, subject to paragraph (c) above, file with the Commission or the Canadian Securities Commissions, as the case may be, and furnish to the Underwriters and to such dealers as the Representative may designate, such amendments or supplements to the Prospectus (or any document to be filed with the Commission and the Canadian Securities Commissions and incorporated by reference therein) as may be necessary so that the statements in the Prospectus as so amended or supplemented including such documents to be incorporated by reference will not, in the light of the circumstances existing when the Prospectus is delivered to a purchaser, be misleading or so that the Prospectus will comply with law, and so that the Canadian Final Prospectus will constitute full, true and plain disclosure of all material facts relating to the Securities.
(g) Blue Sky Compliance. The Company will qualify the Securities for offer and sale under the securities or Blue Sky laws of such jurisdictions as the Representative shall reasonably request and will continue such qualifications in effect so long as required for distribution of the Securities; provided that neither the Company nor any of the Guarantors shall be required to (i) qualify as a foreign corporation or other entity or as a dealer in securities in any such jurisdiction where it would not otherwise be required to so qualify, (ii) file any general consent to service of process in any such jurisdiction or (iii) subject itself to taxation in any such jurisdiction if it is not otherwise so subject.
(h) Earning Statement. The Company will make generally available to its security holders and the Representative as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the effective date (as defined in Rule 158) of the Registration Statement.
(i) Clear Market. During the period from the date hereof through and including the date that is 90 days after the date hereof, the Company and each of the Guarantors will not, without the prior written consent of the Representative, offer, sell, contract to sell or otherwise dispose of any debt securities issued or guaranteed by the Company or any of the Guarantors and having a tenor of more than one year, except for Capitalized Lease Obligations (as defined in the Time of Sale Information and the Prospectus under the heading Description of Notes) permitted by the Indenture.
(j) Use of Proceeds. The Company will apply the net proceeds from the sale of the Securities as described in each of the Registration Statement, the Time of Sale Information and the Prospectus under the heading Use of Proceeds.
(k) DTC. The Company will assist the Underwriters in arranging for the Securities to be eligible for clearance and settlement through The Depository Trust Company (DTC).
(l) No Stabilization. Neither the Company nor any of the Guarantors will take, directly or indirectly, any action designed to or that could reasonably be expected to cause or result in any stabilization or manipulation of the price of the Securities.
(m) Record Retention. The Company will, pursuant to reasonable procedures developed in good faith, retain copies of each Issuer Free Writing Prospectus that is not filed with the Commission in accordance with Rule 433 under the Securities Act.
5. Certain Agreements of the Underwriters. Each Underwriter hereby represents and agrees that:
(a) It has not and will not use, authorize use of, refer to, or participate in the planning for use of, any free writing prospectus, as defined in Rule 405 under the Securities Act (which term includes use of any written information furnished to the Commission by the Company and not incorporated by reference into the Registration Statement and any press release issued by the Company) other than (i) a free writing prospectus that, solely as a result of use by such Underwriter, would not trigger an obligation to file such free writing prospectus with the Commission pursuant to Rule 433, (ii) any Issuer Free Writing Prospectus listed on Annex A or prepared pursuant to Section 3(c) or Section 4(c) above (including any electronic road show), or (iii) any free writing prospectus prepared by such Underwriter and approved by the Company in advance in writing (each such free writing prospectus referred to in clauses (i) or (iii), an Underwriter Free Writing Prospectus). Notwithstanding the foregoing, the Underwriters may use the Pricing Term Sheet referred to in Annex B hereto without the consent of the Company.
(b) It is not subject to any pending proceeding under Section 8A of the Securities Act with respect to the offering (and will promptly notify the Company if any such proceeding against it is initiated during the Prospectus Delivery Period).
6. Conditions of Underwriters Obligations. The obligation of each Underwriter to purchase Securities on the Closing Date as provided herein is subject to the performance by the Company and each of the Guarantors of their respective covenants and other obligations hereunder and to the following additional conditions:
(a) Registration Compliance; No Stop Order. No order suspending the effectiveness of the Registration Statement or suspending trading in the Securities shall be in effect, and no proceeding for such purpose, pursuant to Rule 401(g)(2) or pursuant to Section 8A under the Securities Act or pursuant to Canadian Securities Laws shall be pending before or threatened by the Commission or any Canadian Securities Commission; the U.S. Prospectus and each Issuer Free Writing Prospectus shall have been timely filed with the Commission under the Securities Act (in the case of an Issuer Free Writing Prospectus, to the extent required by Rule 433 under the Securities Act) and in accordance with Section 4(a) hereof; the Canadian Final Prospectus Supplement shall have been filed with the Canadian Securities Commissions in accordance with Section 4(a) hereof; and all requests by the Commission or any Canadian Securities Commission for additional information shall have been complied with to the reasonable satisfaction of the Representative.
(b) Representations and Warranties. The representations and warranties of the Company and each of the Guarantors contained herein shall be true and correct on the date hereof and on and as of the Closing Date; and the statements of the Company and each of the Guarantors and their respective officers made in any certificates delivered pursuant to this Agreement shall be true and correct on and as of the Closing Date.
(c) No Downgrade. Subsequent to the earlier of (A) the Time of Sale and (B) the execution and delivery of this Agreement, (i) no downgrading shall have occurred in the rating accorded the Securities or any other debt securities or preferred stock issued or guaranteed by the Company or any of its subsidiaries by any nationally recognized statistical rating organization, as such term is defined under Section 3(a)(62) of the Exchange Act and (ii) no such organization shall have publicly announced that it has under surveillance or review, or has changed its outlook with respect to, its rating of the Securities or of any other debt securities or preferred stock issued or guaranteed by the Company or any of its subsidiaries (other than an announcement with positive implications of a possible upgrading).
(d) No Material Adverse Change. No events or conditions of the types described in Section 3(g) hereof shall have occurred or shall exist, which events or conditions are not described in each of the Time of Sale Information (excluding any amendment or supplement thereto) and the Prospectus (excluding any amendment or supplement thereto) the effect of which in the judgment of the Representative are so material and adverse, individually or in the aggregate, as to make it impracticable or inadvisable to proceed with the offering, sale or delivery of the Securities on the terms and in the manner contemplated by this Agreement, the Time of Sale Information and the Prospectus.
(e) Officers Certificate. The Representative shall have received on and as of the Closing Date a certificate of an executive officer of the Company and of each Guarantor who has specific knowledge of the Companys or such Guarantors financial matters and is satisfactory to the Representative (i) confirming that such officer has carefully reviewed each of the Registration Statement, the Time of Sale Information and the Prospectus and, to the best knowledge of such officer, the representations set forth in Sections 3(b) and 3(d) hereof are true and correct, (ii) confirming that the other representations and warranties of the Company and the Guarantors in this Agreement are true and correct and that the Company and the Guarantors have complied with all agreements and satisfied all conditions on their part to be performed or satisfied hereunder at or prior to the Closing Date, (iii) to the effect set forth in paragraphs (a), (c) and (d) above and (iv) confirming that, giving effect to the sale of Securities and the grant of the security interests with respect thereto, the Company will be in compliance with terms, provisions, covenants and conditions of the indenture governing the Companys 7.375% Senior Unsecured Notes due 2018 and the indenture governing the Companys 12.5% Senior Notes due 2019.
(f) Comfort Letters. On the date of this Agreement and on the Closing Date, each of KPMG LLP and PricewaterhouseCoopers LLP shall have furnished to the Representative, at the request of the Company, letters, dated the respective dates of delivery thereof and addressed to the Underwriters, in form and substance reasonably satisfactory to the Representative, containing statements and information of the type customarily included in accountants comfort letters to underwriters as delivered in public offerings of securities in both the United States and Canada with respect to the financial statements and certain financial information contained or incorporated by reference in each of the Registration Statement, the Time of Sale Information and the Prospectus; provided that the letter delivered on the Closing Date shall use a cut-off date no more than three business days prior to the Closing Date.
(g) Opinions and 10b-5 Statement of Counsel for the Company and the Guarantors. (i) Gibson, Dunn & Crutcher LLP, United States counsel for the Company and the Guarantors,
shall have furnished to the Representative, at the request of the Company, their written opinion and 10b-5 statement, dated the Closing Date and addressed to the Underwriters, substantially in the form separately provided and reasonably satisfactory to the Representative; (ii) Goodmans, Canadian counsel for the Company and the Guarantors, shall have furnished to the Representative, at the request of the Company, their written opinion, dated the Closing Date and addressed to the Underwriters, substantially in the form separately provided and reasonably satisfactory to the Representative; (iii) Wendy Cassity, Vice President, General Counsel and Secretary of the Company, shall have furnished to the Representative, at the request of the Company, her written opinion, dated the Closing Date and addressed to the Underwriters, substantially in the form separately provided and reasonably satisfactory to the Representative; (iv) Brownstein Hyatt Farber Schreck, LLP, Nevada counsel for the Company and the Guarantors shall have furnished to the Representative, at the request of the Company, their written opinion, dated the Closing Date and addressed to the Underwriters, substantially in the form separately provided and reasonably satisfactory to the Representative; (v) Buchanan Ingersoll & Rooney PC, Pennsylvania counsel for the Company and the Guarantors, shall have furnished to the Representative, at the request of the Company, their written opinion, dated the Closing Date and addressed to the Underwriters, substantially in the form separately provided and reasonably satisfactory to the Representative, (vi) Lackowicz & Hoffman LLP, Yukon counsel for the Company and the Guarantors, shall have furnished to the Representative, at the request of the Company, their written opinion, dated the Closing Date and addressed to the Underwriters, substantially in the form separately provided and reasonably satisfactory to the Representative; (vii) Moffatt, Thomas, Barrett, Rock & Fields, Chtd., Idaho counsel for the Company and the Guarantors, shall have furnished to the Representative, at the request of the Company, their written opinion, dated the Closing Date and addressed to the Underwriters, substantially in the form separately provided and reasonably satisfactory to the Representative and (viii) Goodmans LLP, Canadian tax counsel for the Company and the Guarantors, shall have furnished to the Representative, at the request of the Company, their written opinion, dated the Closing Date and addressed to the Underwriters, substantially in the form separately provided and reasonably satisfactory to the Representative and shall have provided a copy of the opinion of Legacy Tax & Trust Lawyers, British Columbia tax counsel for the Company and the Guarantors, dated the Closing Date and addressed to Goodmans LLP and referred to in such opinion of Goodmans LLP.
(h) Opinion and 10b-5 Statement of Counsel for the Underwriters. The Representative shall have received on and as of the Closing Date (i) an opinion and 10b-5 statement of Cahill Gordon & Reindel LLP, United States counsel for the Underwriters, with respect to such matters as the Representative may reasonably request, and such counsel shall have received such documents and information as they may reasonably request to enable them to pass upon such matters and (ii) an opinion of Blakes Cassels & Graydon LLP, Canadian counsel for the Underwriters, with respect to such matters, if any, as the Representative may reasonably request, and such counsel shall have received such documents and information as they may reasonably request to enable them to pass upon such matters.
(i) Securities and Indenture. The Securities shall have been duly executed and delivered by a duly authorized officer of the Company and duly authenticated by the U.S. Trustee; and the Indenture shall have been duly executed and delivered by a duly authorized officer of each of the Company, the Guarantors, the U.S. Trustee and the Canadian Trustee.
(j) No Legal Impediment to Issuance. No action shall have been taken and no statute, rule, regulation or order shall have been enacted, adopted or issued by any U.S. or Canadian federal, provincial, territorial or state, or any foreign, governmental or regulatory authority having jurisdiction over the Company or any of its subsidiaries or any of their respective properties, assets or operations that would, as of the Closing Date, prevent the issuance or sale of the Securities or the issuance of the Guarantees; and no injunction or order of any U.S. or Canadian federal, provincial, territorial or state, or foreign, court shall have been issued that would, as of the Closing Date, prevent the issuance or sale of the Securities or the issuance of the Guarantees.
(k) Good Standing. The Representative shall have received as of the Closing Date satisfactory evidence of the good standing of the Company and the Guarantors in their respective jurisdictions of organization and their good standing in such other jurisdictions as the Representative may reasonably request, in each case in writing or any standard form of telecommunication from the appropriate governmental authorities of such jurisdictions.
(l) DTC. The Securities shall be eligible for clearance and settlement through DTC.
(m) Security Documents. Subject to the terms of the Intercreditor Agreement, the Company shall have entered into the Security Agreements, the perfection certificate related thereto and the other Security Documents, and delivered to the Representative, in each case, in form and substance reasonably satisfactory to the Representative and the Representative shall have received counterparts, conformed as executed, thereof.
(n) Pledged Collateral and Filings. The Collateral Agent shall have received certificates representing all the outstanding equity interests required to be pledged as Collateral, any Uniform Commercial Code financing statements, filings with the United States Patent and Trademark Office and United States Copyright and financing statements and filings with the Canadian Intellectual Property Office required by the Security Agreements to be filed on or prior to the Closing Date, in order to create or perfect in favor of the Collateral Agent for its benefit and the benefit of the Trustees and the holders of the Securities, a first-priority lien on and security interest in the Collateral, shall be in proper form for filing or delivered, as applicable and the Collateral Agent shall have received all other certificates, agreements or instruments necessary to perfect the Collateral Agents security interest in the Collateral as required by the Security Documents.
(o) Policies of Insurance. On or prior to the Closing Date, the Company and the Guarantors shall have furnished to the Representative insurance policies or certificates of insurance as required by the Indenture and each Security Document, which policies or certificates shall bear endorsements of the character required by the Indenture and such Security Document.
(p) Additional Documents. On or prior to the Closing Date, the Company and the Guarantors shall have furnished to the Representative such further certificates and documents as the Representative may reasonably request for the purposes of enabling the respective counsels to deliver their opinions to the Underwriters pursuant to Sections 6(g) and 6(h) or in order to evidence the accuracy of any of the representations and warranties or the satisfaction of any of the conditions or agreements contained in this Agreement.
(q) Real Estate Requirements. The Company shall use commercially reasonable efforts to deliver to the Representative, the Trustees and the Collateral Agent within 90 days of the Closing Date each of the following documents, which shall be reasonably satisfactory in form and substance to the Representative, the Trustees and the Collateral Agent and each of their respective counsel with respect to the Collateral, as appropriate:
(i) One or more counterparts of fee and leasehold mortgages, charges, debentures, deeds of trust or other similar instrument (each, a Mortgage), duly executed and acknowledged by the holder of such interest in each Mortgaged Property, in favor of the Collateral Agent for its benefit and the benefit of the Trustees and the holders of the Securities, in proper form for recording in the land records in the jurisdiction in which such Mortgaged Property is located (the Land Records), in form and substance satisfactory to the Underwriters and the Collateral Agent and sufficient to create, upon completion of the Credit Facility Termination and proper recording the Land Records, a valid and enforceable first priority mortgage lien on such Mortgaged Property in favor of the Collateral Agent for its benefit and the benefit of the Trustees and the holders of the Securities, subject only to Permitted Liens and the Enforceability Exceptions, together with evidence that a counterpart of such Mortgage has been delivered to the Title Company (as hereinafter defined) for recording in the Land Records;
(ii) Title Insurance. With respect to each U.S. Mortgaged Property a lenders policy of title insurance (or commitment to issue a policy having the effect of a policy of title insurance) issued by a nationally recognized title insurance company reasonably acceptable to the Underwriters and the Collateral Agent (the Title Company) insuring (or committing to insure) the mortgage lien of the applicable Mortgage as a valid, first priority mortgage lien, upon completion of the Credit Facility Termination, on each U.S. Mortgaged Property described therein (each, a Title Policy) in an amount not less than 105% of the fair market value of such U.S. Mortgaged Property as reasonably determined, in good faith, by the Company and reasonably acceptable to the Underwriters and the Collateral Agent, free and clear of all defects and encumbrances except Permitted Liens, together with such endorsements as the Underwriters or the Collateral Agent reasonably requests (or where such endorsements are not available, opinions of special counsel, architects or other professionals reasonably requested by the Underwriters and the Collateral Agent), including, without limitation, a tie-in or cluster endorsement, if available under applicable law (i.e., policies which insure against losses regardless of location or allocated value of the insured property up to a stated maximum coverage amount), endorsements on matters relating to usury, first loss, last dollar, zoning, contiguity, future advances, doing business, non-imputation, public road access, survey, variable rate, environmental lien, subdivision, separate tax lot revolving credit, so-called comprehensive coverage over covenants and restrictions and for any and all other matters that the Underwriters or the Collateral Agent may reasonably request, which Title Policy shall not include an exception for mechanics liens, and shall provide for affirmative insurance and such reinsurance (including direct access agreements) as the Underwriters
or the Collateral Agent may reasonably request. Notwithstanding anything to the contrary, the Company and the Guarantors shall not be required to procure title insurance coverage over the leasehold interests comprising a portion of the Thompson Creek Mine.
(iii) Consents. With respect to each Mortgaged Property, such consents, approvals or other instruments as necessary in order for the owner or holder of the interest constituting such Mortgaged Property to execute and deliver the applicable Mortgage;
(iv) Other Real Property Documents. The Company and the Guarantors have delivered to the Title Company such affidavits, certificates, information (including financial data), instruments of indemnification (including a so-called gap indemnification) and other documents as may be reasonably necessary to cause the Title Company to issue the Title Policies and endorsements required by clause (ii) above;
(v) Survey. An existing survey together with a no change affidavit or a new survey of each U.S. Mortgaged Property in such form as shall be required by the Title Company to issue the so-called comprehensive and other survey related endorsements and to remove the standard survey exceptions from the Title Policy with respect to such U.S. Mortgaged Property except for the Mortgaged Property identified as Thompson Creek Mine on Schedule 5 hereto;
(vi) Fixture Filings. Proper fixture filings under the Uniform Commercial Code on Form UCC-1 for filing under the Uniform Commercial Code in the appropriate jurisdiction in which the Mortgaged Properties are located, necessary or desirable to perfect the security interests in fixtures purported to be created by the Mortgages in favor of the Collateral Agent for its benefit and the benefit of the Trustees and the holders of the Securities; provided, however, that to the extent local counsel opines that any Mortgage, in form and substance satisfactory to the Underwriters and the Collateral Agent, would constitute a valid and effective fixture filing in the jurisdiction in which the applicable Mortgaged Property is located a fixture filing on Form UCC-1 shall not be required with respect to such Mortgaged Property;
(vii) Counsel Opinions. Opinions addressed to the Underwriters and the Collateral Agent for its benefit and for the benefit of the Trustees and holders of the Securities of (i) local counsel in each jurisdiction where any Mortgaged Property is located with respect to the enforceability and perfection of the Mortgages and other matters customarily included in such opinions and (ii) counsel for the Company regarding due authorization, execution and delivery of the Mortgages, in each case, in form and substance reasonably satisfactory to the Underwriters and the Collateral Agent;
(viii) Real Property Collateral Fees and Expenses. Evidence reasonably satisfactory to the Underwriters and the Collateral Agent of payment by the
Company of all Title Policy premiums, search and examination charges, escrow charges and related charges, mortgage recording taxes, fees, charges, costs and expenses required for the recording of the Mortgages, fixture filings and other documents and issuance of the Title Policies and endorsements contemplated by clause (ii) above.
(r) Credit Facility Termination. The Credit Facility Termination shall have occurred and all liens and security interests related thereto shall have been released.
All opinions, letters, certificates and evidence mentioned above or elsewhere in this Agreement shall be deemed to be in compliance with the provisions hereof only if they are in form and substance reasonably satisfactory to counsel for the Underwriters.
7. Indemnification and Contribution.
(a) Indemnification of the Underwriters. The Company and each of the Guarantors jointly and severally agree to indemnify and hold harmless each Underwriter, its affiliates, directors and officers and each person, if any, who controls such Underwriter within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act, from and against any and all losses, claims, damages and liabilities (including, without limitation, legal fees and other expenses incurred in connection with any suit, action or proceeding or any claim asserted, as such fees and expenses are incurred), joint or several, that arise out of, or are based upon, (i) any untrue statement or alleged untrue statement of a material fact contained in the Registration Statement or caused by any omission or alleged omission to state therein a material fact required to be stated therein or necessary in order to make the statements therein, not misleading, or (ii) any untrue statement or alleged untrue statement of a material fact contained in the U.S. Prospectus (or any amendment or supplement thereto), the Canadian Final Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus or any Time of Sale Information, or caused by any omission or alleged omission to state therein a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading, in each case except insofar as such losses, claims, damages or liabilities arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with any information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representative expressly for use therein, it being understood and agreed that the only such information is that described as such in Schedule 6.
(b) Indemnification of the Company and the Guarantors. Each Underwriter agrees, severally and not jointly, to indemnify and hold harmless the Company, each of the Guarantors, each of their respective directors and officers who signed the Registration Statement and each person, if any, who controls the Company or any of the Guarantors within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities that arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with any information relating to such Underwriter furnished to the Company in writing by such Underwriter through the Representative expressly for use in the Registration Statement, the U.S. Prospectus (or any amendment
or supplement thereto), or the Canadian Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus or any Time of Sale Information, it being understood and agreed that the only such information consists of the information contained in Schedule 6.
(c) Notice and Procedures. If any suit, action, proceeding (including any governmental or regulatory investigation), claim or demand shall be brought or asserted against any person in respect of which indemnification may be sought pursuant to either paragraph (a) or (b) above, such person (the Indemnified Person) shall promptly notify the person against whom such indemnification may be sought (the Indemnifying Person) in writing; provided that the failure to notify the Indemnifying Person shall not relieve it from any liability that it may have under paragraph (a) or (b) above except to the extent that it has been materially prejudiced (through the forfeiture of substantive rights or defenses) by such failure; and provided, further, that the failure to notify the Indemnifying Person shall not relieve it from any liability that it may have to an Indemnified Person otherwise than under paragraph (a) or (b) above. If any such proceeding shall be brought or asserted against an Indemnified Person and it shall have notified the Indemnifying Person thereof, the Indemnifying Person shall retain counsel reasonably satisfactory to the Indemnified Person (who shall not, without the consent of the Indemnified Person, be counsel to the Indemnifying Person) to represent the Indemnified Person and any others entitled to indemnification pursuant to this Section 7 that the Indemnifying Person may designate in such proceeding and shall pay the fees and expenses of such proceeding and shall pay the fees and expenses of such counsel related to such proceeding, as incurred. In any such proceeding, any Indemnified Person shall have the right to retain its own counsel, but the fees and expenses of such counsel shall be at the expense of such Indemnified Person unless (i) the Indemnifying Person and the Indemnified Person shall have mutually agreed to the contrary; (ii) the Indemnifying Person has failed within a reasonable time to retain counsel reasonably satisfactory to the Indemnified Person; (iii) the Indemnified Person shall have reasonably concluded that there may be legal defenses available to it that are different from or in addition to those available to the Indemnifying Person; or (iv) the named parties in any such proceeding (including any impleaded parties) include both the Indemnifying Person and the Indemnified Person and representation of both parties by the same counsel would be inappropriate due to actual or potential differing interests between them. It is understood and agreed that the Indemnifying Person shall not, in connection with any proceeding or related proceeding in the same jurisdiction, be liable for the fees and expenses of more than one separate firm (in addition to any local counsel) for all Indemnified Persons, and that all such fees and expenses shall be reimbursed as they are incurred. Any such separate firm for any Underwriter, its affiliates, directors and officers and any control persons of such Underwriter shall be designated in writing by the Representative, and any such separate firm for the Company, the Guarantors, their respective directors and officers who signed the Registration Statement and any control persons of the Company and the Guarantors shall be designated in writing by the Company. The Indemnifying Person shall not be liable for any settlement of any proceeding effected without its written consent, but if settled with such consent or if there be a final judgment for the plaintiff, the Indemnifying Person agrees to indemnify each Indemnified Person from and against any loss or liability by reason of such settlement or judgment. No Indemnifying Person shall, without the written consent of the Indemnified Person, effect any settlement of any pending or threatened proceeding in respect of which any Indemnified Person is or could have been a party and indemnification could have been sought hereunder by such Indemnified Person, unless such settlement (x) includes an unconditional release of such Indemnified
Person, in form and substance reasonably satisfactory to such Indemnified Person, from all liability on claims that are the subject matter of such proceeding and (y) does not include any statement as to or any admission of fault, culpability or a failure to act by or on behalf of any Indemnified Person.
(d) Contribution. If the indemnification provided for in paragraphs (a) and (b) above is unavailable to an Indemnified Person or insufficient in respect of any losses, claims, damages or liabilities referred to therein, then each Indemnifying Person under such paragraph, in lieu of indemnifying such Indemnified Person thereunder, shall contribute to the amount paid or payable by such Indemnified Person as a result of such losses, claims, damages or liabilities (i) in such proportion as is appropriate to reflect the relative benefits received by the Company and the Guarantors on the one hand and the Underwriters on the other from the offering of the Securities or (ii) if the allocation provided by clause (i) is not permitted by applicable law, in such proportion as is appropriate to reflect not only the relative benefits referred to in clause (i) but also the relative fault of the Company and the Guarantors on the one hand and the Underwriters on the other in connection with the statements or omissions that resulted in such losses, claims, damages or liabilities, as well as any other relevant equitable considerations. The relative benefits received by the Company and the Guarantors on the one hand and the Underwriters on the other shall be deemed to be in the same respective proportions as the net proceeds (before deducting expenses) received by the Company from the sale of the Securities and the total underwriting discounts and commissions received by the Underwriters in connection therewith, in each case as set forth in the table on the cover of the Prospectus, bear to the aggregate offering price of the Securities. The relative fault of the Company and the Guarantors on the one hand and the Underwriters on the other shall be determined by reference to, among other things, whether the untrue or alleged untrue statement of a material fact or the omission or alleged omission to state a material fact relates to information supplied by the Company or any Guarantor or by the Underwriters and the parties relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission.
(e) Limitation on Liability. The Company, the Guarantors and the Underwriters agree that it would not be just and equitable if contribution pursuant to this Section 7 were determined by pro rata allocation (even if the Underwriters were treated as one entity for such purpose) or by any other method of allocation that does not take account of the equitable considerations referred to in paragraph (d) above. The amount paid or payable by an Indemnified Person as a result of the losses, claims, damages and liabilities referred to in paragraph (d) above shall be deemed to include, subject to the limitations set forth above, any legal or other expenses incurred by such Indemnified Person in connection with any such action or claim. Notwithstanding the provisions of this Section 7, in no event shall an Underwriter be required to contribute any amount in excess of the amount by which the total underwriting discounts and commissions received by such Underwriter with respect to the offering of the Securities exceeds the amount of any damages that such Underwriter has otherwise been required to pay by reason of such untrue or alleged untrue statement or omission or alleged omission. No person guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any person who was not guilty of such fraudulent misrepresentation. The Underwriters obligations to contribute pursuant to this Section 7 are several in proportion to their respective purchase obligations hereunder and not joint.
(f) The Company and the Guarantors will, jointly and severally, indemnify and hold harmless the Underwriters against any documentary, stamp, sales, transaction or similar issue tax, including any interest and penalties, on the creation, issue and sale of the Securities and on the execution and delivery of this Agreement. All payments to be made by the Company or the Guarantors to the Underwriters under this Agreement shall be made without withholding or deduction for or on account of any present or future taxes, duties or governmental charges whatsoever unless the Company or such Guarantor is compelled by law to deduct or withhold such taxes, duties or charges. In that event, the Company and the Guarantors shall pay to the Underwriters such additional amounts as may be necessary in order that the net amounts received after such withholding or deduction shall equal the amounts that would have been received if no withholding or deduction had been made, provided that no such additional amounts shall be payable: (i) with respect to taxes imposed by any taxing or other governmental authority by reason of any present or former connection between any of the Underwriters and the relevant taxing jurisdiction, other than any such connection arising solely from such person having executed, delivered or performed its obligations under this Agreement or receiving payments hereunder or the enforcement of rights in respect thereto, (ii) with respect to taxes imposed on fees payable in respect of services rendered in Canada or (iii) to the extent that such taxes would not have been imposed but for the failure of any of the Underwriters to use reasonable efforts to comply with a written notice requesting any certification, identification or other information concerning the nationality, residence, identity or connection with the relevant taxing jurisdiction of such person that it is legally able to provide, if such compliance is required or imposed by law as a precondition to an exemption from, or reduction in, such taxes. If any taxes are collected by deduction or withholding, the Company will provide the Underwriters copies of documentation evidencing the transmittal to the proper authorities of the amount of taxes deducted or withheld within 15 days after payment of such taxes.
(g) Non-Exclusive Remedies. The remedies provided for in this Section 7 are not exclusive and shall not limit any rights or remedies which may otherwise be available to any Indemnified Person at law or in equity.
8. Termination. This Agreement may be terminated in the absolute discretion of the Representative, by notice to the Company, if after the execution and delivery of this Agreement and on or prior to the Closing Date (i) trading generally shall have been suspended or materially limited on the New York Stock Exchange, the Toronto Stock Exchange or the over-the-counter market; (ii) trading of any securities issued or guaranteed by the Company or any of the Guarantors shall have been suspended on any exchange or in any over-the-counter market; (iii) a general moratorium on commercial banking activities shall have been declared by U.S. or Canadian federal, New York State, Ontario or British Columbia authorities; or (iv) there shall have occurred any outbreak or escalation of hostilities or any change in financial markets or any calamity or crisis, either within or outside the United States and Canada, that, in the judgment of the Representative, is material and adverse and makes it impracticable or inadvisable to proceed with the offering, sale or delivery of the Securities on the terms and in the manner contemplated by this Agreement, the Time of Sale Information and the Prospectus.
9. Defaulting Underwriter.
(a) If, on the Closing Date, any Underwriter defaults on its obligation to purchase the Securities that it has agreed to purchase hereunder, the non-defaulting Underwriters may in their discretion arrange for the purchase of such Securities by other persons satisfactory to the Company on the terms contained in this Agreement. If, within 36 hours after any such default by any Underwriter, the non-defaulting Underwriters do not arrange for the purchase of such Securities, then the Company shall be entitled to a further period of 36 hours within which to procure other persons satisfactory to the non-defaulting Underwriters to purchase such Securities on such terms. If other persons become obligated or agree to purchase the Securities of a defaulting Underwriter, either the non-defaulting Underwriters or the Company may postpone the Closing Date for up to five full business days in order to effect any changes that in the opinion of counsel for the Company or counsel for the Underwriters may be necessary in the Registration Statement, the Time of Sale Information, the Prospectus or in any other document or arrangement, and the Company agrees to promptly prepare any amendment or supplement to the Registration Statement, the Time of Sale Information or the Prospectus that effects any such changes. As used in this Agreement, the term Underwriter includes, for all purposes of this Agreement unless the context otherwise requires, any person not listed in Schedule 1 hereto that, pursuant to this Section 10, purchases Securities that a defaulting Underwriter agreed but failed to purchase.
(b) If, after giving effect to any arrangements for the purchase of the Securities of a defaulting Underwriter or Underwriters by the non-defaulting Underwriters and the Company as provided in paragraph (a) above, the aggregate principal amount of such Securities that remains unpurchased does not exceed one-eleventh of the aggregate principal amount of all the Securities, then the Company shall have the right to require each non-defaulting Underwriter to purchase the principal amount of Securities that such Underwriter agreed to purchase hereunder plus such Underwriters pro rata share (based on the principal amount of Securities that such Underwriter agreed to purchase hereunder) of the Securities of such defaulting Underwriter or Underwriters for which such arrangements have not been made.
(c) If, after giving effect to any arrangements for the purchase of the Securities of a defaulting Underwriter or Underwriters by the non-defaulting Underwriters and the Company as provided in paragraph (a) above, the aggregate principal amount of such Securities that remains unpurchased exceeds one-eleventh of the aggregate principal amount of all the Securities, or if the Company shall not exercise the right described in paragraph (b) above, then this Agreement shall terminate without liability on the part of the non-defaulting Underwriters. Any termination of this Agreement pursuant to this Section 10 shall be without liability on the part of the Company or the Guarantors, except that the Company and each of the Guarantors will continue to be liable for the payment of expenses as set forth in Section 11 hereof and except that the provisions of Section 7 hereof shall not terminate and shall remain in effect.
(d) Nothing contained herein shall relieve a defaulting Underwriter of any liability it may have to the Company, the Guarantors or any non-defaulting Underwriter for damages caused by its default.
10. Payment of Expenses.
(a) Whether or not the transactions contemplated by this Agreement are consummated or this Agreement is terminated, the Company and each of the Guarantors jointly and severally agree to pay or cause to be paid all costs and expenses incident to the performance of their respective obligations hereunder, including without limitation, (i) the costs incident to the authorization, issuance, sale, preparation and delivery of the Securities and the grant and perfection of the security interests with respect thereto and any taxes payable in connection therewith; (ii) the costs incident to the preparation, printing and filing under the Securities Act of the Registration Statement, the Preliminary Prospectus, any Time of Sale Information, any Issuer Free Writing Prospectus and the Prospectus (including all exhibits, amendments and supplements thereto) and the distribution thereof; (iii) the costs of reproducing and distributing each of the Transaction Documents; (iv) the fees and expenses of the Companys and the Guarantors counsel and independent accountants; (v) the fees and expenses incurred in connection with the registration or qualification and determination of eligibility for investment of the Securities under the laws of such jurisdictions as the Representative may designate and the preparation, printing and distribution of a Blue Sky Memorandum (including the related fees and expenses of U.S. and Canadian counsel for the Underwriters) (subject to a maximum amount not to exceed $30,000); (vi) any fees charged by rating agencies for rating the Securities; (vii) the fees and expenses of the U.S. Trustee, the Canadian Trustee, any paying agent and the Collateral Agent (including related fees and expenses of any counsel to such parties); (viii) all expenses and application fees incurred in connection with any filing with, and clearance of the offering by, the Financial Industry Regulatory Authority, and the approval of the Securities for book-entry transfer by DTC and CDS; (ix) all expenses incurred by the Company in connection with any road show presentation to potential investors, except that the Company and the Guarantors jointly and severally agree to pay or cause to be paid only 50% of all costs of, and expenses relating to, any aircraft chartered in connection with attending or hosting such presentations; and (x) all filing costs and expenses relating to the perfection of the security interests in the Collateral, as set forth in the Security Documents (including, without limitation, mortgage recording or similar taxes and all costs related to the title insurance and other deliverables in respect of the Mortgages) and the reasonable fees and expenses of counsel to the Underwriters in connection with the perfection of security interests (including Cahill Gordon & Reindel LLP and Holland & Hart LLP, special mining counsel to the Underwriters).
(b) If (i) this Agreement is terminated pursuant to Section 8, (ii) the Company for any reason fails to tender the Securities for delivery to the Underwriters or (iii) the Underwriters decline to purchase the Securities for any reason permitted under this Agreement, the Company and each of the Guarantors, jointly and severally, agrees to reimburse the Underwriters for all out-of-pocket costs and expenses (including the fees and expenses of their counsel and the costs of, and expenses relating to, any aircraft chartered as referred to in Section 10(a)(ix)) reasonably incurred by the Underwriters in connection with this Agreement and the offering contemplated hereby.
11. Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and any controlling persons referred to herein, and the affiliates, officers and directors of each Underwriter referred to in Section 7 hereof. Nothing in this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under or
in respect of this Agreement or any provision contained herein. No purchaser of Securities from any Underwriter shall be deemed to be a successor merely by reason of such purchase.
12. Survival. The respective indemnities, rights of contribution, representations, warranties and agreements of the Company, the Guarantors and the Underwriters contained in this Agreement or made by or on behalf of the Company, the Guarantors or the Underwriters pursuant to this Agreement or any certificate delivered pursuant hereto shall survive the delivery of and payment for the Securities and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made by or on behalf of the Company, the Guarantors or the Underwriters.
13. Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term affiliate has the meaning set forth in Rule 405 under the Securities Act; (b) the term business day means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term subsidiary has the meaning set forth in Rule 405 under the Securities Act.
14. Compliance with USA Patriot Act. In accordance with the requirements of the USA Patriot Act (Title III of Pub. L. 107-56 (signed into law October 26, 2001)), the Underwriters are required to obtain, verify and record information that identifies their respective clients, including the Company, which information may include the name and address of their respective clients, as well as other information that will allow the Underwriters to properly identify their respective clients.
15. Miscellaneous.
(a) Authority of the Representative. Any action by the Underwriters hereunder may be taken by Deutsche Bank Securities Inc. on behalf of the Underwriters, and any such action taken by Deutsche Bank Securities Inc. shall be binding upon the Underwriters
(b) Notices. All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given if mailed or transmitted and confirmed by any standard form of telecommunication. Notices to the Underwriters shall be given to the Representative c/o Deutsche Bank Securities Inc., 60 Wall Street, New York, New York 10005, Attention: Leveraged Debt Capital Markets, 2nd Floor (fax: (212) 797-4877), with a copy to the attention of the General Counsel, 36th Floor (fax: (212) 797-4561). Notices to the Company and the Guarantors shall be given to them at 26 West Dry Creek Circle, Suite 810, Littleton, CO 80120 (fax: 303-762-3511); Attention: Wendy Cassity.
(c) Submission to Jurisdiction, etc. The Company and each Guarantor irrevocably and unconditionally submit to the exclusive jurisdiction of the state and federal courts sitting in the County and City of New York over any suit, action or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. Service of any process, summons, notice or document by registered mail addressed to the Company or any Guarantor at the address above in Section 15(b) shall be effective service of process against the Company for any suit, action or proceeding brought in any such court. The Company and each Guarantor irrevocably and unconditionally waives any objection to the laying of venue of any such suit, action or proceeding
brought in any such court and any claim that any such suit, action or proceeding has been brought in an inconvenient forum. A final judgment in any such suit, action or proceeding brought in any such court shall be conclusive and binding upon the Company and each Guarantor and may be enforced in any other courts to whose jurisdiction the Company is or may be subject, by suit upon judgment. The Company and each Guarantor further agrees that nothing herein shall affect any Underwriters right to effect service of process in any other manner permitted by law or bring a suit action or proceeding (including a proceeding for enforcement of a judgment) in any other court or jurisdiction in accordance with applicable law.
(d) Waiver of Jury Trial. Each of the parties hereto hereby waives any right to trial by jury in any suit or proceeding arising out of or relating to this Agreement.
(e) Judgment Currency. The obligation of the Company and each Canadian Guarantor in respect of any sum due to any Underwriter under this Agreement shall, notwithstanding any judgment in a currency other than U.S. dollars or any other applicable currency (the Judgment Currency), not be discharged until the first business day, following receipt by such Underwriter of any sum adjudged to be so due in the Judgment Currency, on which (and only to the extent that) such Underwriter may in accordance with normal banking procedures purchase U.S. dollars or any other applicable currency with the Judgment Currency; if the U.S. dollars or other applicable currency so purchased are less than the sum originally due to such Underwriter hereunder, the Company and each Canadian Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter against such loss. If the U.S. dollars or other applicable currency so purchased are greater than the sum originally due to such Underwriter hereunder, such Underwriter agrees to pay to the Company or the Canadian Guarantor, as the case may be, an amount equal to the excess of the U.S. dollars or other applicable currency so purchased over the sum originally due to such Underwriter hereunder.
(f) Waiver of Immunity. To the extent that each of the Company and the Guarantors, or any of their respective properties, assets or revenues may have or may hereafter become entitled to, or have attributed to each of the Company and the Guarantors, any right of immunity, on the grounds of sovereignty or otherwise, from any legal action, suit or proceeding, from the giving of any relief in any such legal action, suit or proceeding, from setoff or counterclaim, from the jurisdiction of any Canadian, New York state or U.S. federal court, from service of process, from attachment upon or prior to judgment, from attachment in aid of execution of judgment, or from execution of judgment, or other legal process or proceeding for the giving of any relief or for the enforcement of any judgment, in any such court in which proceedings may at any time be commenced, with respect to the obligations and liabilities of each of the Company and the Guarantors or any other matter under or arising out of or in connection with this Agreement, each of the Company and the Guarantors hereby irrevocably and unconditionally waives or will waive such right to the extent permitted by applicable law, and agree not to plead or claim, any such immunity and consent to such relief and enforcement.
(g) Governing Law. This Agreement and any claim, controversy or dispute arising under or related to this Agreement shall be governed by and construed in accordance with the laws of the State of New York.
(h) Counterparts. This Agreement may be signed in counterparts (which may include counterparts delivered by any standard form of telecommunication), each of which shall be an original and all of which together shall constitute one and the same instrument.
(i) Amendments or Waivers. No amendment or waiver of any provision of this Agreement, nor any consent or approval to any departure therefrom, shall in any event be effective unless the same shall be in writing and signed by the parties hereto.
(j) Headings. The headings herein are included for convenience of reference only and are not intended to be part of, or to affect the meaning or interpretation of, this Agreement.
[Remainder of page intentionally left blank]
If the foregoing is in accordance with your understanding, please indicate your acceptance of this Agreement by signing in the space provided below.
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Very truly yours, | ||
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THOMPSON CREEK METALS COMPANY INC. | ||
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By |
/s/ Pamela L. Saxton | |
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Name: |
Pamela L. Saxton |
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Title: |
Executive Vice President and Chief |
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Financial Officer |
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BERG GENERAL PARTNER CORP. | ||
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BLUE PEARL MINING INC. | ||
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CYPRUS THOMPSON CREEK MINING COMPANY | ||
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LANGELOTH METALLURGICAL COMPANY LLC | ||
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LONG CREEK MINING COMPANY | ||
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MT. EMMONS MOLY COMPANY | ||
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TERRANE METALS CORP. | ||
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THOMPSON CREEK METALS COMPANY USA | ||
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THOMPSON CREEK MINING CO. | ||
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THOMPSON CREEK MINING LTD | ||
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THOMPSON CREEK SERVICES ULC | ||
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By |
/s/ Pamela L. Saxton | |
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Name: |
Pamela L. Saxton |
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Title: |
Executive Vice President and Chief |
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Financial Officer |
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BERG METALS LIMITED PARTNERSHIP | ||
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By |
/s/ Pamela L. Saxton | |
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Name: |
Pamela L. Saxton |
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Title: |
Executive Vice President and Chief |
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Financial Officer of Berg General |
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Partner Corp., its general partner |
Signature Page to Underwriting Agreement
Accepted: November 16, 2012 |
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DEUTSCHE BANK SECURITIES INC. |
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For itself and on behalf of the |
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several Underwriters listed in Schedule 1 hereto. |
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By: |
/s/ David Lynch |
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Authorized Signatory |
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David Lynch |
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Managing Director |
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By: |
/s/ Christopher Blum |
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Christopher Blum |
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Managing Director |
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Signature Page to Underwriting Agreement
Schedule 1
Underwriter |
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Principal Amount |
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Deutsche Bank Securities Inc. |
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$ |
275,000,000 |
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RBC Dominion Securities Inc. |
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$ |
53,571,000 |
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SG Americas Securities, LLC. |
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$ |
7,143,000 |
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Standard Bank Plc. |
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$ |
7,143,000 |
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UBS Securities LLC. |
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$ |
7,143,000 |
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|
|
|
| |
Total |
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$ |
350,000,000 |
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Schedule 2
U.S. Guarantors
Cyprus Thompson Creek Mining Company, a Nevada corporation
Long Creek Mining Company, a Nevada corporation
Langeloth Metallurgical Company LLC, a Colorado limited liability company
Mt. Emmons Moly Company, a Colorado corporation
Thompson Creek Metals Company USA, a Colorado corporation
Thompson Creek Mining Co., a Colorado corporation
Schedule 3
British Columbia Guarantors
Berg General Partner Corp., a British Columbia, Canada corporation
Berg Metals Limited Partnership, a British Columbia, Canada limited partnership
Blue Pearl Mining Inc., a British Columbia, Canada corporation
Terrane Metals Corp., a British Columbia, Canada corporation
Thompson Creek Services ULC, a British Columbia, Canada unlimited liability company
Schedule 4
Yukon Guarantor
Thompson Creek Mining Ltd, a Yukon, Canada corporation
Schedule 5
MORTGAGED PROPERTIES
Fee Simple Interest to 10 Langeloth Plant Dr., Langeloth, Washington County, Pennsylvania vested in Langeloth Metallurgical Company LLC
Fee Simple Interest to The Thompson Creek Mine, 35 miles southwest of Challis, Idaho vested in Cyprus Thompson Creek Mining Company, f/k/a Tuscarora Mining Corporation and Thompson Creek Mining Co.
THOMPSON CREEK MINING LTD. (TCM) CLAIMS AND LEASES
A. TCM Leases
Tenure |
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Issue Date |
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Expiry Date of |
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Good To |
|
Demised Claims (Tenure No.s) |
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Encumbrances |
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243448 (formerly Mining Lease No. 2) |
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1977/may/06 |
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2018/may/06 |
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2012/may/06 |
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40224 |
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3105981 |
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243450 (formerly Mining Lease No. 7) |
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1979/sep/06 |
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2020/sep/06 |
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2011/sep/06 |
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81821 |
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3105981 |
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243457 (formerly Mineral Lease No. M-31, |
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1964/sep/23 |
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2026/sep/23 |
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2011/sep/23 |
|
13122 (On February 11, 2011, the Office of the Chief Gold Commissioner advised our office that the Record Card for this Demised Claim was missing and not available. See Part F below for information on documents that were available.) |
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3105981 |
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243458 (formerly Mineral Lease No. M-32, |
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1964/sep/23 |
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2026/sep/23 |
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2011/sep/23 |
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13123 (On February 11, 2011, the Office of the Chief Gold Commissioner advised our office that the Record Card for this Demised Claim was missing and not available. See Part F below for information on documents that were available.) |
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3105981 |
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243459 (formerly Mineral Lease No. M-33, |
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1964/sep/23 |
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2026/sep/23 |
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2011/sep/23 |
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13124 |
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3105981 |
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243460 |
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1964/sep/23 |
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2026/sep/23 |
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2011/sep/23 |
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13127 (On February 11, 2011, the |
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3105981 |
|
Tenure |
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Issue Date |
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Expiry Date of |
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Good To |
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Demised Claims (Tenure No.s) |
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Encumbrances |
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(formerly Mineral Lease No. M-34 |
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|
|
|
|
|
|
Office of the Chief Gold Commissioner advised our office that the Record Card for this Demised Claim was missing and not available. See Part F below for information on documents that were available.) |
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4103033 |
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243461 (formerly Mineral Lease No. M-35, |
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1964/sep/23 |
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2026/sep/23 |
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2011/sep/23 |
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13126 (On February 11, 2011, the Office of the Chief Gold Commissioner advised our office that the Record Card for this Demised Claim was missing and not available. See Part F below for information on documents that were available.) |
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3105981 |
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243462 (formerly Mineral Lease No. M-36, |
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1964/sep/23 |
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2026/sep/23 |
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2011/sep/23 |
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21626 (On February 11, 2011, the Office of the Chief Gold Commissioner advised our office that the Record Card for this Demised Claim was missing and not available. See Part F below for information on documents that were available.) |
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3105981 |
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243463 (formerly Mineral Lease No. M-37, |
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1964/sep/23 |
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2026/sep/23 |
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2011/sep/23 |
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13179 (On February 11, 2011, the Office of the Chief Gold Commissioner advised our office that the Record Card for this Demised Claim was missing and not available. See Part F below for information on documents that were available.) |
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3105981 |
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243464 (formerly Mineral Lease No. M-38, |
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1964/sep/23 |
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2026/sep/23 |
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2011/sep/23 |
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12385 (On February 11, 2011, the Office of the Chief Gold Commissioner advised our office that the Record Card for this Demised Claim was missing and not available. See Part F below for information on documents that were available.) |
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3105981 |
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243465 (formerly Mineral Lease No. M-39, |
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1964/sep/23 |
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2026/sep/23 |
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2011/sep/23 |
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21625 (On February 11, 2011, the Office of the Chief Gold Commissioner advised our office that the Record Card for this Demised Claim was missing and not available. See Part F below for information on documents that were available.) |
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3105981 |
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243466 (formerly Mineral Lease No. M-40, |
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1964/sep/23 |
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2026/sep/23 |
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2011/sep/23 |
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13173 (On February 11, 2011, the Office of the Chief Gold Commissioner advised our office that the Record Card for this Demised Claim was missing and not available. See Part F below for information on documents that were available.) |
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3105981 |
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243467 (formerly Mineral Lease No. |
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1964/sep/23 |
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2026/sep/23 |
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2011/sep/23 |
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13167 |
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3105981 |
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Tenure |
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Issue Date |
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Expiry Date of |
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Good To |
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Demised Claims (Tenure No.s) |
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Encumbrances |
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M-41, |
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243468 (formerly Mineral Lease No. M-42 |
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1964/sep/23 |
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2026/sep/23 |
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2011/sep/23 |
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13180 (On February 11, 2011, the Office of the Chief Gold Commissioner advised our office that the Record Card for this Demised Claim was missing and not available. See Part F below for information on documents that were available.) |
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3105981 |
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243469 (formerly Mineral Lease No. M-43, |
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1964/sep/23 |
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2026/sep/23 |
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2011/sep/23 |
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21624 (On February 11, 2011, the Office of the Chief Gold Commissioner advised our office that the Record Card for this Demised Claim was missing and not available. See Part F below for information on documents that were available.) |
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3105981 |
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243470 (formerly Mineral Lease No. M-68, |
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1967/jan/05 |
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2038/jan/05 |
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2012/jan/05 |
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13125 |
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3105981
Distribution Agreement #4414 (On February 11, 2011, the Office of the Chief Gold Commissioner advised our office that this document was missing and not available.) |
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243471 (formerly Mineral Lease No. M-69, |
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1967/jan/05 |
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2038/jan/05 |
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2012/jan/05 |
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13176 |
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3105981
Distribution Agreement #4414 (On February 11, 2011, the Office of the Chief Gold Commissioner advised our office that this document was missing and not available.) |
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243472 (formerly Mineral Lease No. M-70, |
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1967/jan/05 |
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2038/jan/05 |
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2012/jan/05 |
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24467 |
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3105981
Distribution Agreement #4414 (On February 11, 2011, the Office of the Chief Gold Commissioner advised our office that this document |
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Tenure |
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Issue Date |
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Expiry Date of |
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Good To |
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Demised Claims (Tenure No.s) |
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Encumbrances |
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was missing and not available.) |
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243473 (formerly Mineral Lease No. M-71, |
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1967/jan/05 |
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2038/jan/05 |
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2012/jan/05 |
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13181 |
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3105981
Distribution Agreement #4414 (On February 11, 2011, the Office of the Chief Gold Commissioner advised our office that this document was missing and not available.) |
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243474 (formerly Mineral Lease No. M-72, |
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1967/jan/05 |
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2038/jan/05 |
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2012/jan/05 |
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14055 |
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3105981
Distribution Agreement #4414 (On February 11, 2011, the Office of the Chief Gold Commissioner advised our office that this document was missing and not available.) |
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243482 (formerly Mineral Lease No. M-113, |
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1971/jan/29 |
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2022/jan/29 |
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2012/jan/29 |
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13443 |
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3105981
Distribution Agreement #4414 (On February 11, 2011, the Office of the Chief Gold Commissioner advised our office that this document was missing and not available.) |
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243483 (formerly Mineral Lease No. M-114, |
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1971/jan/29 |
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2022/jan/29 |
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2012/jan/29 |
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13168 |
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3105981 |
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243484 (formerly Mineral Lease No. M-115, Mining |
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1971/jan/29 |
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2022/jan/29 |
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2012/jan/29 |
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13169 |
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3105981 |
|
Tenure |
|
Issue Date |
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Expiry Date of |
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Good To |
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Demised Claims (Tenure No.s) |
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Encumbrances |
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Lease 312) |
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|
|
|
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|
|
|
|
|
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243485 (formerly Mineral Lease No. M-116, |
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1971/jan/29 |
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2022/jan/29 |
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2012/jan/29 |
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13428 |
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3105981 |
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243486 (formerly Mineral Lease No. M-117, |
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1971/jan/29 |
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2022/jan/29 |
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2012/jan/29 |
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13429 |
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3105981 |
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B. TCM Claims (Legacy Claims)
Tenure No. |
|
Issue Date |
|
Good To Date |
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Predecessor Claims (Tenure No.) |
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Encumbrances |
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243774 |
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1962/jun/29 |
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2016/feb/15 |
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15274 |
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3105981 |
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243775 |
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1962/jun/29 |
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2016/feb/15 |
|
15275 |
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3130874 |
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243832 |
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1962/nov/19 |
|
2016/feb/15 |
|
17298 |
|
3105981 |
|
244772 |
|
1969/apr/17 |
|
2016/feb/15 |
|
73903 |
|
3105981 |
|
244774 |
|
1969/apr/17 |
|
2016/feb/15 |
|
73905 |
|
3105981 |
|
244776 |
|
1969/apr/17 |
|
2016/feb/15 |
|
73907 |
|
3105981 |
|
244778 |
|
1969/apr/17 |
|
2016/feb/15 |
|
73909 |
|
3105981 |
|
244780 |
|
1969/apr/17 |
|
2016/feb/15 |
|
73911 |
|
3105981 |
|
244913 |
|
1969/sep/12 |
|
2016/feb/15 |
|
80200 |
|
3105981 |
|
244915 |
|
1969/sep/12 |
|
2016/feb/15 |
|
80202 |
|
3105981 |
|
244930 |
|
1969/oct/31 |
|
2016/feb/15 |
|
81825 |
|
3105981 |
|
244931 |
|
1969/oct/31 |
|
2016/feb/15 |
|
81826 |
|
3105981 |
|
245329 |
|
1971/may/03 |
|
2016/feb/15 |
|
98434 |
|
3105981 |
|
245394 |
|
1971/jun/23 |
|
2016/feb/15 |
|
100492 |
|
3105981 |
|
245395 |
|
1971/jun/23 |
|
2016/feb/15 |
|
100493 |
|
3105981 |
|
245396 |
|
1971/jul/19 |
|
2016/feb/15 |
|
101280 |
|
3105981 |
|
307068 |
|
1969/jul/25 |
|
2016/feb/15 |
|
77326 |
|
3105981 |
|
307089 |
|
1962/nov/19 |
|
2016/feb/15 |
|
17297 |
|
3105981 |
|
C. TCM Claims (Cell Claims)
Tenure No. |
|
Issue Date |
|
Good To Date |
|
Predecessor Claims (Tenure No.) |
|
Encumbrances |
| ||
507163 |
|
2005/feb/15 |
|
2016/feb/15 |
|
237874 |
|
|
|
4103033 |
|
507164 |
|
2005/feb/15 |
|
2016/feb/15 |
|
238163 |
|
|
|
4103033 |
|
507165 |
|
2005/feb/15 |
|
2016/feb/15 |
|
238356 |
|
|
|
4103033 |
|
507167 |
|
2005/feb/15 |
|
2016/feb/15 |
|
238160 |
|
|
|
4103033 |
|
507168 |
|
2005/feb/15 |
|
2016/feb/15 |
|
243569 |
|
|
|
4103033 |
|
507169 |
|
2005/feb/15 |
|
2016/feb/15 |
|
243575 |
|
|
|
4103033 |
|
507170 |
|
2005/feb/15 |
|
2016/feb/15 |
|
369667 |
|
|
|
4103033 |
|
507182 |
|
2005/feb/15 |
|
2016/feb/15 |
|
237841 |
|
243635 243639 |
|
4103033 |
|
Tenure No. |
|
Issue Date |
|
Good To Date |
|
Predecessor Claims (Tenure No.) |
|
Encumbrances |
| ||
|
|
|
|
|
|
243607 |
|
14153 |
|
|
|
507188 |
|
2005/feb/15 |
|
2016/feb/15 |
|
237842 |
|
244411 |
|
4103033 |
|
Tenure No. |
|
Issue Date |
|
Good To Date |
|
Predecessor Claims (Tenure No.) |
|
Encumbrances |
| ||
|
|
|
|
|
|
244321 |
|
245650 |
|
|
|
507191 |
|
2005/feb/15 |
|
2016/feb/15 |
|
244246 |
|
|
|
4103033 |
|
507222 |
|
2005/feb/15 |
|
2016/feb/15 |
|
237920 |
|
243831 |
|
4103033 |
|
507227 |
|
2005/feb/15 |
|
2016/feb/15 |
|
243621 |
|
|
|
4103033 |
|
507228 |
|
2005/feb/15 |
|
2016/feb/15 |
|
244914 |
|
80204 |
|
4103033 |
|
Tenure No. |
|
Issue Date |
|
Good To Date |
|
Predecessor Claims (Tenure No.) |
|
Encumbrances |
| ||
|
|
|
|
|
|
244916 |
|
80205 |
|
|
|
507230 |
|
2005/feb/15 |
|
2016/feb/15 |
|
243580 |
|
|
|
4103033 |
|
507232 |
|
2005/feb/15 |
|
2016/feb/15 |
|
243881 |
|
|
|
4103033 |
|
507245 |
|
2005/feb/15 |
|
2016/feb/15 |
|
237872 |
|
244686 |
|
4103033 |
|
507246 |
|
2005/feb/15 |
|
2016/feb/15 |
|
237863 |
|
243782 |
|
4103033 |
|
507249 |
|
2005/feb/15 |
|
2016/feb/15 |
|
243703 |
|
243734 |
|
4103033 |
|
Tenure No. |
|
Issue Date |
|
Good To Date |
|
Predecessor Claims (Tenure No.) |
|
Encumbrances |
| ||
|
|
|
|
|
|
14655 |
|
14799 |
|
|
|
507250 |
|
2005/feb/15 |
|
2016/feb/15 |
|
244759 73895 244765 |
|
244783 |
|
4103033 |
|
507252 |
|
2005/feb/15 |
|
2016/feb/15 |
|
243837 |
|
|
|
4103033 |
|
507253 |
|
2005/feb/15 |
|
2016/feb/15 |
|
243768 |
|
|
|
4103033 |
|
Tenure No. |
|
Issue Date |
|
Good To Date |
|
Predecessor Claims (Tenure No.) |
|
Encumbrances |
| ||||
|
|
|
|
|
|
243771 |
|
|
| ||||
507254 |
|
2005/feb/15 |
|
2016/feb/15 |
|
245328 |
|
4103033 |
| ||||
507269 |
|
2005/feb/15 |
|
2016/feb/15 |
|
243720 |
243749 |
243764 382624 382625 382626 382627 |
|
4103033 |
| ||
532729 |
|
2006/apr/20 |
|
2016/feb/15 |
|
243574 |
|
|
|
4103033 |
| ||
BERG METALS LIMITED PARTNERSHIP (BERG) CLAIMS AND LEASE
A. Berg Lease
Tenure No. |
|
Issue Date |
|
Expiry Date of |
|
Good To Date |
|
Demised Claims |
|
Encumbrances |
|
243481 |
|
August 27, 1968 |
|
August 27, 2019 |
|
August 27, 2011 |
|
14302 |
|
4801331 |
|
B. Berg Claims (Legacy Claims)
None.
C. Berg Claims (Cell Claims)
Tenure No. |
|
Issue Date |
|
Good To Date |
|
Predecessor Claims (Tenure No.) |
|
Encumbrances |
|
515447 |
|
2005/jun/28 |
|
2017/oct/15 |
|
238322 |
|
4801331 |
|
515449 |
|
2005/jun/28 |
|
2017/oct/15 |
|
238321 |
|
4801331 |
|
515450 |
|
2005/jun/28 |
|
2017/oct/15 |
|
238320 |
|
4801331 |
|
515451 |
|
2005/jun/28 |
|
2017/oct/15 |
|
238319 |
|
4801331 |
|
515453 |
|
2005/jun/28 |
|
2017/oct/15 |
|
238317 |
|
4801331 |
|
515454 |
|
2005/jun/28 |
|
2017/oct/15 |
|
238318 |
|
4801331 |
|
515455 |
|
2005/jun/28 |
|
2017/oct/15 |
|
238324 |
|
4801331 |
|
515456 |
|
2005/jun/28 |
|
2017/oct/15 |
|
238323 |
|
4801331 |
|
545074 |
|
2006/nov/10 |
|
2011/nov 10 |
|
None |
|
None |
|
545075 |
|
2006/nov/10 |
|
2011/nov 10 |
|
None |
|
None |
|
545076 |
|
2006/nov/10 |
|
2011/nov 10 |
|
None |
|
None |
|
545077 |
|
2006/nov/10 |
|
2011/nov 10 |
|
None |
|
None |
|
545078 |
|
2006/nov/10 |
|
2011/nov 10 |
|
None |
|
None |
|
545079 |
|
2006/nov/10 |
|
2011/nov 10 |
|
None |
|
None |
|
545080 |
|
2006/nov/10 |
|
2011/nov 10 |
|
None |
|
None |
|
545081 |
|
2006/nov/10 |
|
2011/nov 10 |
|
None |
|
None |
|
545082 |
|
2006/nov/10 |
|
2011/nov 10 |
|
None |
|
None |
|
545083 |
|
2006/nov/10 |
|
2011/nov 10 |
|
None |
|
None |
|
545084 |
|
2006/nov/10 |
|
2011/nov 10 |
|
None |
|
None |
|
545085 |
|
2006/nov/10 |
|
2011/nov 10 |
|
None |
|
None |
|
545086 |
|
2006/nov/10 |
|
2011/nov 10 |
|
None |
|
None |
|
545087 |
|
2006/nov/10 |
|
2011/nov 10 |
|
None |
|
None |
|
594483 |
|
2008/nov/18 |
|
2012/nov 30 |
|
None |
|
None |
|
594485 |
|
2008/nov/18 |
|
2012/nov 30 |
|
None |
|
None |
|
594490 |
|
2008/nov/18 |
|
2012/nov 30 |
|
None |
|
None |
|
594495 |
|
2008/nov/18 |
|
2012/nov 30 |
|
None |
|
None |
|
604970 |
|
2009/may/26 |
|
2012/nov/30 |
|
None |
|
None |
|
604976 |
|
2008/nov/18 |
|
2012/nov 30 |
|
None |
|
None |
|
604978 |
|
2008/nov/18 |
|
2012/nov 30 |
|
None |
|
None |
|
Tenure No. |
|
Issue Date |
|
Good To Date |
|
Predecessor Claims (Tenure No.) |
|
Encumbrances |
|
671443 |
|
2009/nov/19 |
|
2012/nov/30 |
|
None |
|
None |
|
671444 |
|
2009/nov/19 |
|
2012/nov/30 |
|
None |
|
None |
|
671450 |
|
2009/nov/19 |
|
2012/nov/30 |
|
None |
|
None |
|
671451 |
|
2009/nov/19 |
|
2012/nov/30 |
|
None |
|
None |
|
671463 |
|
2009/nov/19 |
|
2012/nov/30 |
|
None |
|
None |
|
671467 |
|
2009/nov/19 |
|
2012/nov/30 |
|
None |
|
None |
|
671472 |
|
2009/nov/19 |
|
2012/nov/30 |
|
None |
|
None |
|
671473 |
|
2009/nov/19 |
|
2012/nov/30 |
|
None |
|
None |
|
671484 |
|
2009/nov/19 |
|
2012/nov/30 |
|
None |
|
None |
|
671503 |
|
2009/nov/19 |
|
2012/nov/30 |
|
None |
|
None |
|
671523 |
|
2009/nov/19 |
|
2012/nov/30 |
|
None |
|
None |
|
671526 |
|
2009/nov/19 |
|
2012/nov/30 |
|
None |
|
None |
|
671527 |
|
2009/nov/19 |
|
2012/nov/30 |
|
None |
|
None |
|
672023 |
|
2009/nov/20 |
|
2012/nov/30 |
|
None |
|
None |
|
673446 |
|
2009/nov/24 |
|
2012/nov/30 |
|
None |
|
None |
|
673465 |
|
2009/nov/24 |
|
2012/nov/30 |
|
None |
|
None |
|
673485 |
|
2009/nov/24 |
|
2012/nov/30 |
|
None |
|
None |
|
673503 |
|
2009/nov/24 |
|
2012/nov/30 |
|
None |
|
None |
|
673523 |
|
2009/nov/24 |
|
2012/nov/30 |
|
None |
|
None |
|
693843 |
|
2010/jan/04 |
|
2012/nov/30 |
|
None |
|
None |
|
693844 |
|
2010/jan/04 |
|
2012/nov/30 |
|
None |
|
None |
|
693883 |
|
2010/jan/04 |
|
2012/nov/30 |
|
None |
|
None |
|
693884 |
|
2010/jan/04 |
|
2012/nov/30 |
|
None |
|
None |
|
693903 |
|
2010/jan/04 |
|
2012/nov/30 |
|
None |
|
None |
|
693904 |
|
2010/jan/04 |
|
2012/nov/30 |
|
None |
|
None |
|
TERRANE METALS CORP. (TERRANE) CLAIMS AND LEASE
A. Terrane Lease
Tenure No. |
|
Issue Date |
|
Expiry Date of |
|
Good To Date |
|
Demised Claims |
|
Encumbrances |
|
631503 |
|
2009/sep/09 |
|
2029/sep/09 |
|
2011/sep/09 |
|
512892 238738 6030
512894 238739 6031
512896 238808 6280
512901 238779 6138
512904 238777 6136
512910 238884 6648 |
|
4807187 |
|
|
|
|
|
|
|
|
|
512912 238883 6647
512917 240114 9768
512982 240113 9767
512903 238778 6137
512915 238928 6853 |
|
|
|
B. Terrane Claims (Legacy Claims)
None.
C. Terrane Claims (Cell Claims)
Tenure No. |
|
Issue Date |
|
Good To Date |
|
Predecessor Claims (Tenure No.) |
|
Encumbrances |
|
512884 |
|
2005/may/18 |
|
2012/dec/29 |
|
238740 |
|
4092821 |
|
512887 |
|
2005/may/18 |
|
2012/dec/29 |
|
238741 |
|
4092821 |
|
512888 |
|
2005/may/18 |
|
2012/dec/29 |
|
238742 |
|
4092821 |
|
512890 |
|
2005/may/18 |
|
2012/sep/10 |
|
238887 |
|
4092821 |
|
512891 |
|
2005/may/18 |
|
2012/dec/01 |
|
238619 |
|
4092821 |
|
512897 |
|
2005/may/18 |
|
2012/sep/10 |
|
238888 |
|
4092821 |
|
512907 |
|
2005/may/18 |
|
2012/dec/01 |
|
240126 |
|
4092821 |
|
512909 |
|
2005/may/18 |
|
2012/dec/01 |
|
238885 |
|
4092821 |
|
512913 |
|
2005/may/18 |
|
2012/dec/01 |
|
240112 |
|
4092821 |
|
512919 |
|
2005/may/18 |
|
2012/sep/10 |
|
238882 |
|
4092821 |
|
512921 |
|
2005/may/18 |
|
2012/sep/03 |
|
240115 |
|
4092821 |
|
512923 |
|
2005/may/18 |
|
2012/apr/03 |
|
241817 |
|
4092821 |
|
512924 |
|
2005/may/18 |
|
2012/apr/01 |
|
241820 |
|
4092821 |
|
512925 |
|
2005/may/18 |
|
2012/apr/01 |
|
241834 |
|
4092821 |
|
512927 |
|
2005/may/18 |
|
2012/apr/01 |
|
241824 |
|
4092821 |
|
512930 |
|
2005/may/18 |
|
2012/apr/03 |
|
241823 |
|
4092821 |
|
512931 |
|
2005/may/18 |
|
2012/apr/03 |
|
241819 |
|
4092821 |
|
512932 |
|
2005/may/18 |
|
2012/apr/01 |
|
241836 |
|
4092821 |
|
512933 |
|
2005/may/18 |
|
2012/apr/03 |
|
241818 |
|
4092821 |
|
512934 |
|
2005/may/18 |
|
2012/apr/03 |
|
241821 |
|
4092821 |
|
512935 |
|
2005/may/18 |
|
2012/apr/03 |
|
241825 |
|
4092821 |
|
512936 |
|
2005/may/18 |
|
2012/apr/03 |
|
241822 |
|
4092821 |
|
512937 |
|
2005/may/18 |
|
2012/apr/04 |
|
241840 |
|
4092821 |
|
512938 |
|
2005/may/18 |
|
2012/apr/04 |
|
241826 |
|
4092821 |
|
512939 |
|
2005/may/18 |
|
2012/apr/04 |
|
241827 |
|
4092821 |
|
512940 |
|
2005/may/18 |
|
2012/apr/01 |
|
241828 |
|
4092821 |
|
512941 |
|
2005/may/18 |
|
2012/apr/01 |
|
241831 |
|
4092821 |
|
512942 |
|
2005/may/18 |
|
2012/apr/04 |
|
241832 |
|
4092821 |
|
512943 |
|
2005/may/18 |
|
2012/apr/04 |
|
241833 |
|
4092821 |
|
512944 |
|
2005/may/18 |
|
2012/aug/26 |
|
404798 |
|
4092821 |
|
512945 |
|
2005/may/18 |
|
2012/aug26 |
|
404799 |
|
4092821 |
|
512960 |
|
2005/may/18 |
|
2012/apr/04 |
|
241829 |
|
4092821 |
|
521164 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521165 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521177 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521178 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521179 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521180 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521181 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521182 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521183 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521184 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521185 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521186 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521187 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521189 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521190 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521191 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521192 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521193 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521194 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521195 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521196 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521197 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521198 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521199 |
|
2005/oct/14 |
|
2011/0ct/14 |
|
None |
|
4092821 |
|
521200 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521201 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521202 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521203 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521204 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521205 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521206 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521207 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521208 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521209 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521210 |
|
2005/oct/14 |
|
2012/oct/14 |
|
None |
|
4092821 |
|
521212 |
|
2005/oct/14 |
|
2011/0ct/14 |
|
None |
|
4092821 |
|
521213 |
|
2005/oct/14 |
|
2011/0ct/14 |
|
None |
|
4092821 |
|
579598 |
|
2008/mar/28 |
|
2012/dec/01 |
|
None |
|
4807187 |
|
579599 |
|
2008/mar/28 |
|
2012/dec/01 |
|
None |
|
4807187 |
|
579600 |
|
2008/mar/28 |
|
2012/dec/01 |
|
None |
|
4807187 |
|
579602 |
|
2008/mar/28 |
|
2012/dec/01 |
|
None |
|
4807187 |
|
580741 |
|
2008/apr/08 |
|
2012/dec/01 |
|
None |
|
4807187 |
|
580742 |
|
2008/apr/08 |
|
2012/dec/01 |
|
None |
|
4807187 |
|
580743 |
|
2008/apr/08 |
|
2012/dec/01 |
|
None |
|
4807187 |
|
580744 |
|
2008/apr/08 |
|
2012/dec/01 |
|
None |
|
4807187 |
|
580745 |
|
2008/apr/08 |
|
2012/dec/01 |
|
None |
|
4807187 |
|
580746 |
|
2008/apr/08 |
|
2012/dec/01 |
|
None |
|
4807187 |
|
580747 |
|
2008/apr/08 |
|
2012/dec/01 |
|
None |
|
4807187 |
|
580748 |
|
2008/apr/08 |
|
2012/dec/01 |
|
None |
|
4807187 |
|
580749 |
|
2008/apr/08 |
|
2012/dec/01 |
|
None |
|
4807187 |
|
580750 |
|
2008/apr/08 |
|
2012/dec/01 |
|
None |
|
4807187 |
|
595146 |
|
2008/dec/01 |
|
2012/dec/01 |
|
None |
|
4807187 |
|
595163 |
|
2008/dec/01 |
|
2012/dec/01 |
|
None |
|
4807187 |
|
677107 |
|
2009/dec/01 |
|
2012/dec/01 |
|
None |
|
4807187 |
|
677785 |
|
2009/dec/02 |
|
2012/dec/01 |
|
None |
|
4807187 |
|
678524 |
|
2009/dec/03 |
|
2012/dec/01 |
|
None |
|
4807187 |
|
678527 |
|
2009/dec/03 |
|
2012/dec/01 |
|
None |
|
4807187 |
|
678536 |
|
2009/dec/03 |
|
2012/dec/01 |
|
None |
|
4807187 |
|
678564 |
|
2009/dec/03 |
|
2012/dec/01 |
|
None |
|
4807187 |
|
678583 |
|
2009/dec/03 |
|
2012/dec/01 |
|
None |
|
4807187 |
|
678588 |
|
2009/dec/03 |
|
2012/dec/01 |
|
None |
|
4807187 |
|
678603 |
|
2009/dec/03 |
|
2012/dec/01 |
|
None |
|
4807187 |
|
679483 |
|
2009/dec/05 |
|
2012/dec/01 |
|
None |
|
4807187 |
|
679484 |
|
2009/dec/05 |
|
2012/dec/01 |
|
None |
|
4807187 |
|
679485 |
|
2009/dec/05 |
|
2012/dec/01 |
|
None |
|
4807187 |
|
679505 |
|
2009/dec/05 |
|
2012/dec/01 |
|
None |
|
4807187 |
|
679506 |
|
2009/dec/05 |
|
2012/dec/01 |
|
None |
|
4807187 |
|
679509 |
|
2009/dec/05 |
|
2012/dec/01 |
|
None |
|
4807187 |
|
BLUE PEARL MINING INC. (DAVIDSON) CLAIMS AND LEASES
PART I
A. Leases Donald Davidson
Tenure No. |
|
Issue Date |
|
Expiry Date of |
|
Good To Date |
|
Demised Claims |
|
Encumbrances |
|
243455 |
|
1962/jun/27 |
|
2023/jun/27 |
|
2012/jun/27 |
|
None |
|
4026380 |
|
243475 |
|
1968/jan/10 |
|
2019/jan/10 |
|
2012/jan/10 |
|
14541 14543 14608 31994 33173 16077 15862 10270 13976 13977 10176 13973 13974 13975 13986 13988 11333 11334 15858 13984 On February 11, |
|
4026380 |
|
Tenure No. |
|
Issue Date |
|
Expiry Date of |
|
Good To Date |
|
Demised Claims |
|
Encumbrances |
|
|
|
|
|
|
|
|
|
2011, the Office of the Chief Gold Commissioner advised our office that the Record Cards for the above Demised Claims (re: tenure 243475) were missing and not available. |
|
|
|
243476 |
|
1968/jan/10 |
|
2019/jan/10 |
|
2012/jan/10 |
|
15863 11776 11778 39943 11765 11353 11750 11355 11356 11754 11781 11345 11346 11348 11784 11752 26470 11757 14595 On February 11, 2011, the Office of the Chief Gold Commissioner advised our office that the Record Cards for the above Demised Claims (re: tenure 243476) were missing and not available. |
|
4026380 |
|
243477 |
|
1968/jan/10 |
|
2019/jan/10 |
|
2012/jan/10 |
|
14559 14460 15855 15856 39944 11771 11772 |
|
4026380 |
|
Tenure No. |
|
Issue Date |
|
Expiry Date of |
|
Good To Date |
|
Demised Claims |
|
Encumbrances |
|
|
|
|
|
|
|
|
|
11349 11339 11340 40753 11350 11352 11774 2625A 32861 11354 15866 11347 On February 11, 2011, the Office of the Chief Gold Commissioner advised our office that the Record Cards for the above Demised Claims (re: tenure 243477) were missing and not available. |
|
|
|
243478 |
|
1968/jan/10 |
|
2019/jan/10 |
|
2012/jan/10 |
|
25828 25829 14547 14548 14549 14550 14545 15860 15861 14561 14562 43337 11331 11332 10369 10370 15859 15857 11336 11338 On February 11, 2011, the Office of the Chief Gold Commissioner advised our office that the Record |
|
4026380 |
|
Tenure No. |
|
Issue Date |
|
Expiry Date of |
|
Good To Date |
|
Demised Claims |
|
Encumbrances |
|
|
|
|
|
|
|
|
|
Cards for the above Demised Claims (re: tenure 243478) were missing and not available. |
|
|
|
243479 |
|
1968/jan/10 |
|
2019/jan/10 |
|
2012/jan/10 |
|
13978 13979 13980 13981 13982 11341 11342 11343 11344 40754 40755 32921 32862 11335 11337 26471 14602 14603 14594 On February 11, 2011, the Office of the Chief Gold Commissioner advised our office that the Record Cards for the above Demised Claims (re: tenure 243479) were missing and not available. |
|
4026380 |
|
B. Claims (Legacy Claims) Donald Davidson
None.
C. Claims (Cell Claims) Donald Davidson
Tenure No. |
|
Issue Date |
|
Good To Date |
|
Predecessor Claims (Tenure No.) |
|
Encumbrances |
|
501577 |
|
2005/jan/12 |
|
2012/aug/17 |
|
None |
|
4026383 |
|
PART II
A. Leases William Pfaffenberger
None.
B. Claims (Legacy Claims) William Pfaffenberger
None.
C. Claims (Cell Claims) William Pfaffenberger
Tenure No. |
|
Issue Date |
|
Good To Date |
|
Predecessor Claims (Tenure No.) |
|
Encumbrances |
|
501559 |
|
2005/jan/12 |
|
2012/aug/17 |
|
391913 |
|
4026380 |
|
501731 |
|
2005/jan/12 |
|
2012/aug/17 |
|
391916 |
|
4026380 |
|
503061 |
|
2005/jan/13 |
|
2012/aug/17 |
|
391915 |
|
4026380 |
|
503063 |
|
2005/jan/13 |
|
2012/aug/17 |
|
391914 |
|
4026380 |
|
509898 |
|
2005/mar/31` |
|
2012/aug/17 |
|
393340 |
|
4026380 |
|
LAND TITLES
(k) A. FEE SIMPLES SHOWING TCM AS REGISTERED OWNER (THE THOMPSON CREEK FEE SIMPLES)
1 PID 010-840-028 Lot 26 District Lot 2012 Range 5 Coast District Plan 4916
2 PID 010-375-091 Lot 78 District Lot 617 Range 5 Coast District Plan 5688
3 PID 010-648-666 Lot 18 District Lot 617 Range 5 Coast District Plan 5067
4 PID 006-401-261 Lot 1 District Lot 2565 Range 5 Coast District Plan 9063
5 PID 015-147-436 The surface of District Lot 7766 Range 5 Coast District surveyed as Boot 8 Mineral Claim
6 PID 027-565-459 Lot A District Lot 617 Range 5 Coast District Plan BCP37172
7 PID 027-565-467 Lot B District Lot 617 Range 5 Coast District Plan BCP37172
8 PID 027-565-475 Lot C District Lot 617 Range 5 Coast District Plan BCP37172
9 PID 010-375-066 Lot 77 District Lot 617 Range 5 Coast District Plan 5688 Except Plan PRP13650
10 PID 027-565-491 Lot E District Lot 617 Range 5 Coast District Plan
11 PID 027-565-483 Lot D District Lot 617 Range 5 Coast District Plan BCP37172
12 PID 028-239-997 Lot A District Lot 7774 Range 5 Coast District Plan BCP45012
13 PID 027-565-505 Lot F District Lot 617 Range 5 Coast District Plan BCP37172
14 PID 007-630-310 Lot 1 District Lot 2012 Range 5 Coast District Plan 6459
B. CHARGES, LIENS AND INTERESTS IN FAVOUR OF TCM (THE THOMPSON CREEK CHARGE)
15 Statutory Right of Way PL56824 registered against the title to PID 010-597-336 District Lot 2564 Range 5 Coast District.
D. CHARGES, LIENS AND INTERESTS IN FAVOUR OF BLUE PEARL (THE BLUE PEARL CHARGES)
16 Statutory Right of Way CA601195 registered against the title to PID 023-445-319 Lot 2 Section 10 Township 1A Range 5 Coast District Plan PRP14714.
17 Statutory Right of Way CA606940 registered against the title to PID 008-027-145 Block A Section 10 Township 1A Range 5 Coast District Plan 8075 Except Plans 9763 and PRP14714.
18 Statutory Right of Way CA613154 (inter-alia) registered against the title to PID 009-987-991 Lot B Section 1 Township 1A Range 5 Coast District Plan 6388 Except Part on Plan EPP657 and PID 027-605-183 Lot 1 Section 1 Township 1A Range 5 Coast District Plan EPP657.
19 Statutory Right of Way CA1292806 registered against the title to PID 015-758-061 Block C of The Northwest 1/4 of Section 3 Township 1A Range 5 Coast District.
Schedule B
Mortgaged Leases
Mining Lease dated June 29, 1996, by and between James M. Ennis, Stephen L. Chivers and Aileen Chivers as Lessors and Thompson Creek Mining Company as Lessee, covering the following described Unpatented Lode Mining Claims:
CINNABAR #1 |
|
126713 |
|
150814 |
THELMA |
|
126716 |
|
150815 |
MATILDA |
|
126717 |
|
150812 |
AILEEN |
|
126714 |
|
150813 |
TINA |
|
126715 |
|
150811 |
Schedule C
THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF IDAHO, COUNTY OF CUSTER AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
PATENTED LODE MINING CLAIMS, SURVEY NO. 3617, BAYHORSE MINING DISTRICT CUSTER COUTNY, IDAHO.
CM#2 |
|
CM#3 |
CM#4 |
|
CM#5 |
CM#11 |
|
CM#12 |
CM#13 |
|
CM#14 |
CM#19 |
|
CM#20 |
CM#21 |
|
|
EMBRACING A PORTION OF SECTIONS 34 AND 35, TOWNSHIP 12 NORTH, RANGE 16 EAST, BOISE MERIDIAN, CUSTER COUNTY, IDAHO.
AND
A FRACTION OF SECTIONS 2 AND 3, TOWNSHIP 11 NORTH, RANGE 16 EAST, BOISE MERIDIAN, CUSTER COUNTY, IDAHO.
RECORDED AUGUST 30, 1976 AS INSTRUMENT NO. 142801, RECORDS OF CUSTER COUNTY, IDAHO. PATENT NUMBER 11-76-0076
PARCEL 2:
PATENTED LODE MINING CLAIMS, SURVEY NO. 3650, BAYHORSE MINING DISTRICT, CUSTER COUNTY, IDAHO.
DEBIT |
|
DEBIT NO. 3 |
EMBRACING A PORTION OF SECTIONS 34 AND 35, TOWNSHIP 12 NORTH, RANGE 16 EAST, BOISE MERIDIAN, CUSTER COUNTY, IDAHO.
AND
A PORTION OF SECTION 3, TOWNSHIP 11 NORTH, RANGE 16 EAST, BOISE MERIDIAN, CUSTER COUNTY, IDAHO.
RECORDED MAY 6, 1986 AS INSTRUMENT NO. 176719, RECORDS OF CUSTER COUNTY, IDAHO, PATENT NUMBER 11-86-0056.
PATENTED MILL SITES, R.S. 2337, AS AMENDED 30 U.S.C. 42A; BAYHORSE MINING DISTRICT CUSTER COUNTY, IDAHO.
MS-1-100 |
|
MS-1-101 |
|
MS-1-102 |
MS-1-103 |
|
MS-1-104 |
|
MS-1-112 |
MS-1-113 |
|
MS-1-114 |
|
MS-1-115 |
MS-1-116 |
|
MS-1-117 |
|
MS-1-122 |
MS-1-123 |
|
MS-1-124 |
|
MS-1-125 |
MS-1-126 |
|
MS-2-35 |
|
MS-2-36 |
MS-2-37 |
|
MS-2-38 |
|
MS-2-60 |
MS-2-61 |
|
MS-2-62 |
|
MS-2-68 |
MS-2-92 |
|
MS-2-93 |
|
MS-2-97 |
MS-2-98 |
|
MS-2-99 |
|
MS-2-100 |
MS-2-101 |
|
MS-2-127 |
|
MS-2-128 |
MS-12-3 |
|
MS-12-4 |
|
MS-12-5 |
MS-12-6 |
|
MS-12-7 |
|
MS-12-8 |
MS-12-9 |
|
MS-12-10 |
|
MS-12-11 |
MS-12-12 |
|
MS-12-13 |
|
MS-12-14 |
MS-12-15 |
|
MS-12-26 |
|
MS-12-27 |
MS-12-28 |
|
MS-12-29 |
|
MS-12-30 |
MS-12-36 |
|
MS-12-37 |
|
|
FUTHER DESCRIBED AS FOLLOWS:
TOWNSHIP 11 NORTH, RANGE 16 EAST, BOISE MERIDIAN, CUSTER COUNTY, IDAHO.
SECTION 1: WEST HALF NORTHWEST QUARTER SOUTHWEST QUARTER SOUTHWEST QUARTER, SOUTH HALF SOUTHWEST QUARTER SOUTHWEST QUARTER, WEST HALF SOUTHWEST QUARTER SOUTHEAST QUARTER SOUTHWEST QUARTER, NORTH HALF SOUTHWEST QUARTER SOUTHEAST QUARTER, EAST HALF SOUTHWEST QUARTER SOUTHWEST QUARTER SOUTHEAST QUARTER, SOUTHEAST QUARTER SOUTHWEST QUARTER SOUTHEAST QUARTER, WEST HALF NORTHWEST QUARTER SOUTHEAST QUARTER SOUTHEAST QUARTER, SOUTHWEST QUARTER SOUTHEAST QUARTER SOUTHEAST QUARTER.
SECTION 2: NORTHEAST QUARTER SOUTHWEST QUARTER NORTHEAST QUARTER, EAST HALF SOUTHEAST QUARTER SOUTHWEST QUARTER NORTHEAST QUARTER, WEST HALF SOUTHEAST QUARTER NORTHEAST QUARTER, WEST HALF WEST HALF NORTHEAST QUARTER SOUTHEAST QUARTER, EAST HALF SOUTHEAST QUARTER NORTHWEST QUARTER, EAST HALF NORTHEAST QUARTER SOUTHWEST QUARTER SOUTHEAST QUARTER, NORTH HALF SOUTHEAST QUARTER SOUTHEAST QUARTER, SOUTHEAST QUARTER SOUTHEAST QUARTER SOUTHEAST QUARTER.
SECTION 12: WEST HALF NORTHEAST QUARTER NORTHEAST QUARTER, NORTH HALF NORTHWEST QUARTER NORTHEAST QUARTER, EAST HALF SOUTHWEST QUARTER NORTHWEST QUARTER NORTHEAST QUARTER, SOUTHEAST QUARTER NORTHWEST QUARTER NORTHEAST QUARTER, EAST HALF NORTHEAST QUARTER SOUTHWEST QUARTER NORTHEAST QUARTER, WEST HALF NORTHWEST QUARTER SOUTHEAST QUARTER NORTHEAST QUARTER, NORTH HALF NORTHEAST QUARTER NORTHWEST QUARTER, NORTHEAST QUARTER NORTHWEST QUARTER NORTHWEST QUARTER, EAST HALF NORTHWEST QUARTER NORTHWEST QUARTER NORTHWEST QUARTER.
RECORDED FEBRUARY 14, 1985, AS INSTRUMENT NO. 173321, RECORDS OF CUSTER COUNTY, IDAHO, PATENT NUMBER 11-85-0029.
PATENTED MILL SITES SITUATED IN THE BAYHORSE MINING DISTRICT, CUSTER COUNTY, IDAHO.
MS-1-L15 |
|
MS-1-L16 |
|
MS-1-L17 |
MS-1-L18 |
|
MS-1-L19 |
|
MS-1-L20 |
MS-1-27 |
|
MS-1-28 |
|
MS-1-29 |
MS-1-33 |
|
MS-1-38 |
|
MS-1-39 |
MS-1-59 |
|
MS-1-60 |
|
MS-1-61 |
MS-1-62 |
|
MS-1-63 |
|
MS-1-64 |
MS-1-67 |
|
MS-1-68 |
|
MS-1-69 |
MS-1-90 |
|
MS-1-91 |
|
MS-1-92 |
MS-1-93 |
|
MS-2-L5 |
|
MS-2-L6 |
MS-2-L7 |
|
MS-2-L8 |
|
MS-2-L9 |
MS-2-L10 |
|
MS-2-L18 |
|
MS-2-L19 |
MS-2-L20 |
|
MS-2-L21 |
|
MS-2-L22 |
MS-2-L23 |
|
MS-2-L24 |
|
MS-2-L25 |
MS-2-L26 |
|
MS-2-L27 |
|
MS-2-L28 |
MS-2-L29 |
|
MS-2-L30 |
|
MS-2-L31 |
MS-2-25 |
|
MS-2-57 |
|
MS-2-58 |
MS-2-59 |
|
MS-2-69 |
|
MS-2-70 |
MS-2-71 |
|
MS-2-72 |
|
MS-2-73 |
MS-2-74 |
|
MS-2-85 |
|
MS-2-86 |
MS-2-87 |
|
MS-2-88 |
|
MS-2-89 |
MS-2-90 |
|
MS-2-91 |
|
MS-2-102 |
MS-2-103 |
|
MS-2-104 |
|
MS-2-105 |
MS-2-106 |
|
MS-2-107 |
|
MS-2-108 |
MS-2-109 |
|
MS-2-110 |
|
MS-2-111 |
MS-2-112 |
|
MS-2-113 |
|
MS-2-114 |
MS-2-115 |
|
MS-2-116 |
|
MS-2-117 |
MS-2-118 |
|
MS-2-119 |
|
MS-2-120 |
MS-2-121 |
|
MS-2-122 |
|
MS-2-123 |
MS-2-124 |
|
MS-2-125 |
|
MS-2-216 |
MS-3-L8 |
|
MS-3-L9 |
|
MS-3-L10 |
MS-3-L11 |
|
MS-3-L12 |
|
MS-3-L13 |
MS-3-L14 |
|
MS-3-L15 |
|
MS-3-L16 |
MS-3-L17 |
|
MS-3-L18 |
|
MS-3-L19 |
MS-3-L20 |
|
MS-3-L21 |
|
MS-3-L22 |
MS-3-L23 |
|
MS-3-20 |
|
MS-3-21 |
MS-3-22 |
|
MS-3-23 |
|
MS-3-24 |
MS-3-36 |
|
MS-3-37 |
|
MS-3-38 |
MS-3-39 |
|
MS-3-40 |
|
MS-3-41 |
MS-3-42 |
|
MS-3-43 |
|
MS-3-44 |
MS-3-45 |
|
MS-3-46 |
|
MS-3-49 |
MS-3-50 |
|
MS-3-51 |
|
MS-3-52 |
MS-3-53 |
|
MS-3-54 |
|
MS-3-55 |
MS-3-56 |
|
MS-3-57 |
|
MS-3-58 |
MS-3-59 |
|
MS-3-60 |
|
MS-3-61 |
MS-3-67 |
|
MS-3-68 |
|
MS-3-69 |
MS-3-70 |
|
MS-3-71 |
|
MS-3-72 |
MS-3-73 |
|
MS-3-74 |
|
MS-3-75 |
MS-3-76 |
|
MS-3-94 |
|
MS-3-95 |
MS-3-96 |
|
MS-3-97 |
|
MS-3-128 |
MS-4-65 |
|
MS-4-66 |
|
MS-4-94 |
MS-4-95 |
|
MS-6-L16 |
|
MS-6-L17 |
MS-6-L18 |
|
MS-6-L19 |
|
MS-6-L20 |
MS-6-L21 |
|
MS-6-L22 |
|
MS-6-L23 |
MS-6-L25 |
|
MS-6-18 |
|
MS-6-19 |
MS-6-20 |
|
MS-6-21 |
|
MS-6-22 |
MS-6-23 |
|
MS-6-24 |
|
MS-6-25 |
MS-6-26 |
|
MS-6-27 |
|
MS-6-43 |
MS-6-44 |
|
MS-6-45 |
|
MS-6-46 |
MS-6-47 |
|
MS-6-51 |
|
MS-6-52 |
MS-6-53 |
|
MS-6-54 |
|
MS-11-1 |
MS-11-2 |
|
MS-11-3 |
|
MS-11-4 |
MS-11-5 |
|
MS-11-6 |
|
MS-11-7 |
MS-11-8 |
|
MS-11-9 |
|
MS-11-10 |
MS-11-24 |
|
MS-11-25 |
|
MS-11-26 |
MS-11-27 |
|
MS-11-28 |
|
MS-11-29 |
MS-11-30 |
|
MS-11-31 |
|
MS-11-32 |
MS-11-35 |
|
MS-11-36 |
|
MS-11-37 |
MS-11-38 |
|
MS-11-39 |
|
MS-11-87 |
MS-25-87 |
|
MS-25-88 |
|
MS-25-103 |
MS-25-104 |
|
MS-25-105 |
|
MS-25-106 |
MS-25-121 |
|
MS-25-122 |
|
MS-25-123 |
MS-25-124 |
|
MS-31-L3 |
|
MS-31-L4 |
MS-31-L5 |
|
MS-31-L6 |
|
MS-31-L7 |
MS-31-L8 |
|
MS-31-47 |
|
MS-31-50 |
MS-31-51 |
|
MS-31-52 |
|
MS-31-76 |
MS-31-77 |
|
MS-31-78 |
|
MS-31-79 |
MS-31-82 |
|
MS-31-83 |
|
MS-31-84 |
MS-31-85 |
|
MS-31-86 |
|
MS-31-106 |
MS-31-107 |
|
MS-31-108 |
|
MS-31-109 |
MS-31-110 |
|
MS-31-111 |
|
MS-31-114 |
MS-31-115 |
|
MS-31-116 |
|
MS-31-117 |
MS-31-118 |
|
MS-31-119 |
|
MS-31-120 |
MS-34-L2 |
|
MS-34-L6 |
|
MS-34-L8 |
MS-34-28 |
|
MS-34-29 |
|
MS-34-30 |
MS-34-31 |
|
MS-34-32 |
|
MS-34-33 |
MS-34-34 |
|
MS-34-35 |
|
MS-34-36 |
MS-34-37 |
|
MS-34-38 |
|
MS-34-39 |
MS-34-40 |
|
MS-34-41 |
|
MS-34-42 |
MS-34-43 |
|
MS-34-51 |
|
MS-34-52 |
MS-34-53 |
|
MS-34-54 |
|
MS-34-55 |
MS-34-56 |
|
MS-34-57 |
|
MS-34-58 |
MS-34-59 |
|
MS-34-60 |
|
MS-34-61 |
MS-34-62 |
|
MS-34-63 |
|
MS-34-64 |
MS-34-65 |
|
MS-34-66 |
|
MS-34-67 |
MS-34-68 |
|
MS-34-69 |
|
MS-34-70 |
MS-34-71 |
|
MS-34-72 |
|
MS-34-73 |
MS-34-74 |
|
MS-34-75 |
|
MS-34-76 |
MS-34-77 |
|
MS-34-78 |
|
MS-34-79 |
MS-34-82 |
|
MS-34-83 |
|
MS-34-84 |
MS-34-85 |
|
MS-34-86 |
|
MS-34-87 |
MS-34-88 |
|
MS-34-89 |
|
MS-34-90 |
MS-34-91 |
|
MS-34-92 |
|
MS-34-103 |
MS-34-104 |
|
MS-34-105 |
|
MS-34-106 |
MS-34-107 |
|
MS-34-108 |
|
MS-34-109 |
MS-34-110 |
|
MS-34-111 |
|
MS-34-116 |
MS-34-117 |
|
MS-34-118 |
|
MS-34-119 |
MS-34-120 |
|
MS-34-121 |
|
MS-34-122 |
MS-35-L3 |
|
MS-35-L4 |
|
MS-35-14 |
MS-35-15 |
|
MS-35-16 |
|
MS-35-17 |
MS-35-18 |
|
MS-35-19 |
|
MS-35-20 |
MS-35-45 |
|
MS-35-46 |
|
MS-35-47 |
MS-35-48 |
|
MS-35-49 |
|
MS-35-50 |
MS-35-79 |
|
MS-35-80 |
|
MS-35-81 |
MS-35-82 |
|
MS-35-83 |
|
MS-35-84 |
MS-35-85 |
|
MS-35-86 |
|
MS-35-87 |
MS-35-88 |
|
MS-35-104 |
|
MS-35-105 |
MS-35-106 |
|
MS-35-107 |
|
MS-35-108 |
MS-35-109 |
|
MS-35-110 |
|
MS-35-111 |
MS-35-114 |
|
MS-35-115 |
|
MS-35-116 |
MS-35-117 |
|
MS-35-118 |
|
MS-35-119 |
MS-35-120 |
|
MS-36-3 |
|
MS-36-4 |
MS-36-5 |
|
MS-36-6 |
|
MS-36-7 |
MS-36-8 |
|
MS-36-26 |
|
MS-36-27 |
MS-36-28 |
|
MS-36-29 |
|
MS-36-30 |
MS-36-31 |
|
MS-36-32 |
|
MS-36-33 |
MS-36-34 |
|
MS-36-35 |
|
MS-36-36 |
MS-36-37 |
|
MS-36-38 |
|
MS-36-39 |
MS-36-58 |
|
MS-36-59 |
|
MS-36-60 |
MS-36-61 |
|
MS-36-62 |
|
MS-36-63 |
MS-36-64 |
|
MS-36-65 |
|
MS-36-66 |
MS-36-67 |
|
MS-36-68 |
|
MS-36-69 |
MS-36-70 |
|
MS-36-71 |
|
MS-36-86 |
MS-36-87 |
|
MS-36-88 |
|
MS-36-89 |
MS-36-90 |
|
MS-36-91 |
|
MS-36-92 |
MS-36-93 |
|
MS-36-94 |
|
MS-36-95 |
MS-36-96 |
|
MS-36-97 |
|
MS-36-98 |
MS-36-99 |
|
MS-36-100 |
|
MS-36-101 |
MS-36-102 |
|
MS-36-103 |
|
MS-36-104 |
MS-36-105 |
|
MS-36-106 |
|
MS-36-119 |
MS-36-120 |
|
MS-36-121 |
|
MS-36-122 |
MS-36-123 |
|
MS-36-124 |
|
MS-36-125 |
MS-36-126 |
|
MS-36-127 |
|
MS-36-128 |
THOSE PORTIONS OF THE ABOVE DESCRIBED MILLSITES FURTHER DESCRIBED AS FOLLOWS:
TOWNSHIP 11 NORTH, RANGE 16 EAST, BOISE MERIDIAN, CUSTER COUNTY, IDAHO.
SECTION 1: LOTS 15 TO 20 INCLUSIVE, NORTHWEST QUARTER SOUTHWEST QUARTER, NORTHEAST QUARTER NORTHEAST QUARTER, SOUTHEAST QUARTER NORTHWEST QUARTER NORTHEAST QUARTER, WEST HALF NORTHEAST QUARTER SOUTHWEST QUARTER NORTHEAST QUARTER, EAST HALF NORTHWEST QUARTER SOUTHWEST QUARTER NORTHEAST QUARTER, SOUTHEAST QUARTER SOUTHWEST QUARTER NORTHEAST QUARTER, SOUTHEAST QUARTER NORTHEAST QUARTER SOUTHEAST QUARTER NORTHEAST QUARTER, SOUTHWEST QUARTER SOUTHEAST QUARTER NORTHEAST QUARTER, NORTHEAST QUARTER SOUTHEAST QUARTER SOUTHEAST QUARTER NORTHEAST QUARTER, SOUTH HALF SOUTHEAST QUARTER SOUTHEAST QUARTER NORTHEAST QUARTER, NORTHWEST QUARTER NORTHEAST QUARTER SOUTHEAST QUARTER, WEST HALF SOUTHWEST QUARTER NORTHEAST QUARTER SOUTHEAST QUARTER, EAST HALF NORTHEAST QUARTER NORTHWEST QUARTER SOUTHEAST QUARTER, EAST HALF SOUTHWEST QUARTER NORTHWEST QUARTER SOUTHEAST QUARTER, SOUTHEAST QUARTER NORTHWEST QUARTER SOUTHEAST QUARTER.
SECTION 2: LOTS 5 TO 10, INCLUSIVE AND LOTS 18 TO 31, INCLUSIVE, WEST HALF SOUTHWEST QUARTER NORTHWEST QUARTER NORTHEAST QUARTER,
SOUTHWEST QUARTER SOUTHWEST QUARTER NORTHEAST QUARTER, WEST HALF SOUTHEAST QUARTER SOUTHWEST QUARTER NORTHEAST QUARTER, NORTHEAST QUARTER NORTHEAST QUARTER SOUTHWEST QUARTER, SOUTH HALF NORTHEAST QUARTER SOUTHWEST QUARTER, SOUTH HALF SOUTHWEST QUARTER, NORTH HALF NORTHWEST QUARTER SOUTHEAST QUARTER, SOUTHWEST QUARTER NORTHWEST QUARTER SOUTHEAST QUARTER, WEST HALF SOUTHEAST QUARTER NORTHWEST QUARTER SOUTHEAST QUARTER, WEST HALF NORTHEAST QUARTER SOUTHWEST QUARTER SOUTHEAST QUARTER, WEST HALF SOUTHWEST QUARTER SOUTHEAST QUARTER, SOUTHEAST QUARTER SOUTHWEST QUARTER SOUTHEAST QUARTER, SOUTHWEST QUARTER SOUTHEAST QUARTER SOUTHEAST QUARTER.
SECTION 3: LOTS 8 TO 23, INCLUSIVE, SOUTHWEST QUARTER NORTHEAST QUARTER, WEST HALF WEST HALF SOUTHEAST QUARTER NORTHEAST QUARTER, SOUTH HALF NORTHEAST QUARTER NORTHWEST QUARTER, EAST HALF EAST HALF SOUTHEAST QUARTER NORTHWEST QUARTER NORTHWEST QUARTER, EAST HALF NORTHEAST QUARTER SOUTHWEST QUARTER NORTHWEST QUARTER, EAST HALF WEST HALF NORTHEAST QUARTER SOUTHWEST QUARTER NORTHWEST QUARTER, EAST HALF SOUTHWEST QUARTER SOUTHWEST QUARTER NORTHWEST QUARTER, SOUTHWEST QUARTER SOUTHWEST QUARTER SOUTHWEST QUARTER NORTHWEST QUARTER, SOUTHEAST QUARTER SOUTHWEST QUARTER NORTHWEST QUARTER, SOUTHEAST QUARTER NORTHWEST QUARTER, NORTHEAST QUARTER NORTHEAST QUARTER SOUTHWEST QUARTER, NORTH HALF NORTHWEST QUARTER NORTHEAST QUARTER SOUTHWEST QUARTER, NORTHWEST QUARTER NORTHEAST QUARTER SOUTHEAST QUARTER, EAST HALF SOUTHWEST QUARTER NORTHEAST QUARTER SOUTHEAST QUARTER, SOUTHEAST QUARTER NORTHEAST QUARTER SOUTHEAST QUARTER, NORTH HALF NORTHWEST QUARTER SOUTHEAST QUARTER, EAST HALF EAST HALF EAST HALF SOUTHEAST QUARTER SOUTHEAST QUARTER.
SECTION 4: NORTHEAST QUARTER NORTHEAST QUARTER NORTHEAST QUARTER SOUTHEAST QUARTER, WEST HALF NORTHEAST QUARTER NORTHEAST QUARTER SOUTHEAST QUARTER, EAST HALF SOUTHWEST QUARTER NORTHEAST QUARTER SOUTHEAST QUARTER, NORTHWEST QUARTER SOUTHEAST QUARTER NORTHEAST QUARTER SOUTHEAST QUARTER.
SECTION 11: NORTH HALF NORTHEAST QUARTER NORTHEAST QUARTER, SOUTHWEST QUARTER NORTHEAST QUARTER NORTHEAST QUARTER, NORTH HALF SOUTHEAST QUARTER NORTHEAST QUARTER NORTHEAST QUARTER, NORTHWEST QUARTER NORTHEAST QUARTER, NORTHEAST QUARTER SOUTHWEST QUARTER NORTHEAST QUARTER, EAST HALF NORTHWEST QUARTER SOUTHWEST QUARTER NORTHEAST QUARTER, NORTH HALF NORTHWEST QUARTER SOUTHEAST QUARTER NORTHEAST
QUARTER, NORTHEAST QUARTER NORTHEAST QUARTER NORTHWEST QUARTER, EAST HALF SOUTHEAST QUARTER NORTHEAST QUARTER NORTHWEST QUARTER, WEST HALF SOUTHEAST QUARTER NORTHEAST QUARTER SOUTHWEST QUARTER.
TOWNSHIP 11 NORTH, RANGE 17 EAST, BOISE MERIDIAN, CUSTER COUNTY, IDAHO.
SECTION 6: LOTS 16 TO 23 INCLUSIVE, AND LOT 25, SOUTHWEST QUARTER NORTHWEST QUARTER NORTHEAST QUARTER, WEST HALF SOUTHEAST QUARTER NORTHWEST QUARTER NORTHEAST QUARTER, SOUTH HALF NORTHEAST QUARTER NORTHWEST QUARTER, EAST HALF SOUTHWEST QUARTER NORTHWEST QUARTER NORTHWEST QUARTER, SOUTHEAST QUARTER NORTHWEST QUARTER NORTHWEST QUARTER, NORTHEAST QUARTER SOUTHWEST QUARTER NORTHWEST QUARTER, EAST HALF NORTHWEST QUARTER SOUTHWEST QUARTER NORTHWEST QUARTER, SOUTHEAST QUARTER SOUTHWEST QUARTER NORTHWEST QUARTER, WEST HALF SOUTHEAST QUARTER NORTHWEST QUARTER.
TOWNSHIP 12 NORTH, RANGE 16 EAST, BOISE MERIDIAN, CUSTER COUNTY, IDAHO.
SECTION 25: SOUTHEAST QUARTER NORTHEAST QUARTER SOUTHWEST QUARTER, NORTHEAST QUARTER SOUTHEAST QUARTER SOUTHWEST QUARTER, WEST HALF NORTHWEST QUARTER SOUTHWEST QUARTER SOUTHEAST QUARTER, SOUTHEAST QUARTER NORTHWEST QUARTER SOUTHWEST QUARTER SOUTHEAST QUARTER, SOUTH HALF SOUTHWEST QUARTER SOUTHEAST QUARTER.
SECTION 34: LOTS 2, 6 & 8, SOUTHWEST QUARTER SOUTHWEST QUARTER NORTHEAST QUARTER NORTHEAST QUARTER, EAST HALF SOUTHWEST QUARTER NORTHEAST QUARTER NORTHEAST QUARTER, SOUTHEAST QUARTER NORTHEAST QUARTER NORTHEAST QUARTER, SOUTHEAST QUARTER SOUTHEAST QUARTER NORTHWEST QUARTER NORTHEAST QUARTER, SOUTH HALF NORTHEAST QUARTER, EAST HALF WEST HALF SOUTHEAST QUARTER SOUTHWEST QUARTER NORTHWEST QUARTER, EAST HALF SOUTHEAST QUARTER SOUTHWEST QUARTER NORTHWEST QUARTER, SOUTHWEST QUARTER NORTHEAST QUARTER SOUTHEAST QUARTER NORTHWEST QUARTER, SOUTHEAST QUARTER NORTHWEST QUARTER SOUTHEAST QUARTER NORTHWEST QUARTER, SOUTH HALF SOUTHEAST QUARTER NORTHWEST QUARTER, EAST HALF NORTHEAST QUARTER SOUTHEAST QUARTER NORTHWEST QUARTER, NORTHEAST QUARTER SOUTHWEST QUARTER, EAST HALF NORTHWEST QUARTER SOUTHWEST QUARTER, SOUTHEAST QUARTER NORTHWEST QUARTER NORTHWEST QUARTER SOUTHWEST QUARTER, EAST HALF SOUTHWEST QUARTER NORTHWEST QUARTER SOUTHWEST QUARTER NORTHEAST QUARTER SOUTHWEST QUARTER SOUTHWEST QUARTER, NORTHEAST QUARTER
NORTHWEST QUARTER SOUTHWEST QUARTER SOUTHWEST QUARTER, EAST HALF SOUTHEAST QUARTER SOUTHWEST QUARTER SOUTHWEST QUARTER, SOUTHEAST QUARTER SOUTHWEST QUARTER, NORTH HALF NORTHEAST QUARTER SOUTHEAST QUARTER, NORTHWEST QUARTER SOUTHEAST QUARTER, WEST HALF SOUTHWEST QUARTER SOUTHEAST QUARTER.
SECTION 35: LOTS 3 AND 4, SOUTHWEST QUARTER NORTHEAST QUARTER NORTHWEST QUARTER NORTHWEST QUARTER, SOUTH HALF NORTHWEST QUARTER NORTHWEST QUARTER NORTHWEST QUARTER, SOUTH HALF NORTHWEST QUARTER NORTHWEST QUARTER, NORTHEAST QUARTER NORTHEAST QUARTER SOUTHWEST QUARTER NORTHWEST QUARTER, WEST HALF NORTHEAST QUARTER SOUTHWEST QUARTER NORTHWEST QUARTER, WEST HALF SOUTHWEST QUARTER NORTHWEST QUARTER, SOUTH HALF NORTHEAST QUARTER SOUTHWEST QUARTER, NORTHWEST QUARTER NORTHWEST QUARTER SOUTHWEST QUARTER, SOUTH HALF NORTHWEST QUARTER SOUTHWEST QUARTER, EAST HALF SOUTHWEST QUARTER SOUTHWEST QUARTER, EAST HALF WEST HALF SOUTHWEST QUARTER SOUTHWEST QUARTER, SOUTHEAST QUARTER SOUTHWEST QUARTER, NORTHWEST QUARTER NORTHWEST QUARTER SOUTHWEST QUARTER SOUTHEAST QUARTER.
SECTION 36: NORTHWEST QUARTER NORTHEAST QUARTER NORTHEAST QUARTER, SOUTH HALF NORTHEAST QUARTER NORTHEAST QUARTER, EAST HALF NORTHWEST QUARTER NORTHEAST QUARTER, NORTHWEST QUARTER NORTHWEST QUARTER NORTHEAST QUARTER, EAST HALF SOUTHWEST QUARTER NORTHEAST QUARTER, EAST HALF SOUTHWEST QUARTER NORTHWEST QUARTER NORTHEAST QUARTER, EAST HALF WEST HALF SOUTHWEST QUARTER NORTHEAST QUARTER, SOUTHEAST QUARTER NORTHEAST QUARTER, EAST HALF SOUTHWEST QUARTER NORTHEAST QUARTER SOUTHWEST QUARTER, SOUTHEAST QUARTER NORTHEAST QUARTER SOUTHWEST QUARTER, EAST HALF SOUTHEAST QUARTER SOUTHWEST QUARTER, NORTHEAST QUARTER SOUTHEAST QUARTER, NORTHEAST QUARTER NORTHWEST QUARTER SOUTHEAST QUARTER, EAST HALF NORTHWEST QUARTER NORTHWEST QUARTER SOUTHEAST QUARTER, SOUTH HALF NORTHWEST QUARTER SOUTHEAST QUARTER, SOUTH HALF SOUTHEAST QUARTER.
TOWNSHIP 12 NORTH, RANGE 17 EAST, BOISE MERIDIAN, CUSTER COUNTY, IDAHO.
SECTION 31: LOTS 3 TO 8, INCLUSIVE, SOUTHEAST QUARTER NORTHWEST QUARTER SOUTHWEST QUARTER NORTHWEST QUARTER, EAST HALF SOUTHWEST QUARTER SOUTHWEST QUARTER NORTHWEST QUARTER, SOUTHEAST QUARTER SOUTHWEST QUARTER NORTHWEST QUARTER, EAST HALF SOUTHWEST QUARTER NORTHEAST QUARTER SOUTHWEST QUARTER, WEST HALF WEST HALF NORTHEAST QUARTER SOUTHWEST QUARTER, EAST HALF WEST HALF WEST HALF SOUTHWEST QUARTER, EAST HALF WEST
HALF SOUTHWEST QUARTER, WEST HALF SOUTHEAST QUARTER SOUTHWEST QUARTER, WEST HALF NORTHEAST QUARTER SOUTHEAST QUARTER SOUTHWEST QUARTER, SOUTHEAST QUARTER SOUTHEAST QUARTER SOUTHWEST QUARTER.
RECORDED OCTOBER 11, 2000, AS INSTRUMENT NO. 221783, RECORDS OF CUSTER COUNTY, IDAHO. PATENT NUMBER 11-2000-0024
PARCEL 3:
MILL SITES, BAY HORSE MINING DISTRICT, CUSTER COUNTY, IDAHO.
MS-34-L3 |
|
MS-34-L4 |
|
MS-34-L5 |
MS-34-L7 |
|
MS-34-93 |
|
MS-34-94 |
MS-34-101 |
|
MS-34-102 |
|
|
FURTHER DESCRIBED AS FOLLOWS:
TOWNSHIP 12 NORTH, RANGE 16 EAST, BOISE MERIDIAN, CUSTER COUNTY, IDAHO.
SECTION 34, LOTS 3, 4, 5 AND 7, SOUTHWEST QUARTER NORTHEAST QUARTER SOUTHEAST QUARTER, NORTHEAST QUARTER SOUTHWEST QUARTER SOUTHEAST QUARTER.
RECORDED FEBRUARY 9, 2006, AS INSTRUMENT NO, 233333, RECORDS OF CUSTER COUNTY, IDAHO.
Schedule D
Unpatented Claims
The following Unpatented Lode Mining Claims, Mill Sites and Placer Claims are located as follows:
Township 12N, Range 16E, Sections; 20, 21, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36
Township 12N, Range 17E, Sections; 19, 20, 29, 30, 31, 32
Township 11N, Range 16E, Sections; 1, 2, 3, 4, 5, 6, 9, 10, 11, 12, 14
Township 11N, Range 17E, Sections; 5, 6, 7, 8
Total Numbers: Lode Mining Claims = 971 Mill Sites = 114 |
Placer Claims = 12 |
Claim Name |
|
Recording |
|
AMENDED |
|
BLM Serial No. |
MS-26-113 |
|
184844 |
|
|
|
IMC121780 |
MS-26-114 |
|
184845 |
|
|
|
IMC121781 |
MS-26-115 |
|
184846 |
|
|
|
IMC121782 |
MS-34-1 |
|
184840 |
|
|
|
IMC121783 |
MS-34-2 |
|
184841 |
|
|
|
IMC121784 |
MS-34-3 |
|
184842 |
|
|
|
IM C121785 |
MS-34-4 |
|
184843 |
|
|
|
IMC121786 |
MS-34-28, N/2 |
|
184860 |
|
|
|
IMC121787 |
MS-34-29, N/2 |
|
184821 |
|
|
|
IMC121788 |
MS-34-45 |
|
184937 |
|
|
|
IMC122021 |
MS-34-44 |
|
184847 |
|
|
|
IMC121803 |
MS-34-43, N/2 |
|
184848 |
|
|
|
IMC121802 |
MS-34-42, N/2 |
|
184849 |
|
|
|
IMC121801 |
MS-34-51, N/2 |
|
185000 |
|
|
|
IMC122022 |
MS-34-79, N/2 |
|
184998 |
|
|
|
IMC122050 |
MS-34-111, S/2 |
|
184994 |
|
|
|
IMC122062 |
MS-34-114 |
|
184992 |
|
|
|
IMC122063 |
MS-34-115 |
|
184993 |
|
|
|
IMC122064 |
MS-35-16, N12 |
|
184829 |
|
|
|
IMC121808 |
MS-35-15, N/2 |
|
184830 |
|
|
|
IMC121807 |
MS-35-14, N/2 |
|
184831 |
|
|
|
IMC121806 |
MS-35-13 |
|
184832 |
|
|
|
IMC121805 |
MS-35-21 |
|
184835 |
|
|
|
IMC121813 |
MS-35-45, S/2 |
|
185009 |
|
|
|
IMC123426 |
MS-35-44 |
|
184839 |
|
|
|
IMC121814 |
MS-35-51 |
|
184989 |
|
|
|
IMC122068 |
MS-35-78 |
|
185013 |
|
|
|
IMC122069 |
MS-35-89 |
|
184939 |
|
|
|
IMC122076 |
MS-35-104, S/2 |
|
184855 |
|
|
|
IMC121821 |
MS-35-121 |
|
184934 |
|
|
|
IMC121825 |
MS-25-103, N/2 |
|
184559 |
|
|
|
IMC121630 |
MS-25-102 |
|
184558 |
|
|
|
IMC121629 |
MS-31-47, N/2 |
|
178382 |
|
|
|
IMC160693 |
Claim Name |
|
Recording |
|
AMENDED |
|
BLM Serial No. |
MS-6-L15 |
|
180317 |
|
|
|
IMC114402 |
MS-6-L24 |
|
185019 |
|
|
|
IMC122019 |
MS-1-L14 |
|
184555 |
|
|
|
IMC121640 |
MS-1-29, S/2 |
|
184932 |
|
|
|
IMC121994 |
MS-1-30 |
|
184931 |
|
|
|
IMC121995 |
MS-1-31 |
|
184930 |
|
|
|
IMC121996 |
MS-1-32 |
|
184929 |
|
|
|
IMC121997 |
MS-33, N/2 |
|
184807 |
|
|
|
IMC121750 |
MS-1-37 |
|
184804 |
|
|
|
IMC121754 |
MS-1-36 |
|
184805 |
|
|
|
IMC121753 |
MS-1-35 |
|
184806 |
|
|
|
IMC121752 |
MS-1-34 |
|
184808 |
|
|
|
IMC121751 |
MS-1-63, N/2 |
|
184801 |
|
|
|
IMC121761 |
MS-3-L6 |
|
185004 |
|
|
|
IMC122007 |
MS-3-L7 |
|
185005 |
|
|
|
IMC122008 |
MS-3-18 |
|
185002 |
|
|
|
IMC122009 |
MS-3-19 |
|
185003 |
|
|
|
IMC122010 |
MS-3-20, W/2 |
|
178209 |
|
|
|
IMC111920 |
MS-3-49, N/2 |
|
184706 |
|
|
|
IMC122011 |
MS-3-46, W/2 |
|
185001 |
|
|
|
IMC121676 |
MS-3-80 |
|
184711 |
|
|
|
IMC121681 |
MS-3-78 |
|
184710 |
|
|
|
IMC121680 |
MS-3-77 |
|
184709 |
|
|
|
IMC121679 |
MS-3-76,S/2 |
|
184708 |
|
|
|
IMC121678 |
MS-3-75,S/2 |
|
184707 |
|
|
|
IMC121677 |
MS-3-85 |
|
184871 |
|
|
|
IMC121765 |
MS-3-86 |
|
184870 |
|
|
|
IMC121766 |
MS-3-87 |
|
184869 |
|
|
|
IMC121767 |
MS-3-88 |
|
184868 |
|
|
|
IMC121768 |
MS-3-89 |
|
184867 |
|
|
|
IMC121769 |
MS-3-97, W/2 |
|
177261 |
|
|
|
IMC110525 |
MS-3-128, W/2 |
|
177262 |
|
|
|
IMC110526 |
MS-4-95, S/2 |
|
184702 |
|
|
|
IMC121685 |
MS-4-65, S/2 |
|
184705 |
|
|
|
IMC121682 |
MS-11-11 |
|
184651 |
|
|
|
IMC121696 |
MS-11-12 |
|
184652 |
|
|
|
IMC121697 |
MS-11-21 |
|
184653 |
|
|
|
IMC121698 |
MS-11-22 |
|
184654 |
|
|
|
IMC121699 |
MS-11-23 |
|
184655 |
|
|
|
IMC121700 |
MS-11-31, S/2 |
|
184663 |
|
|
|
IMC121708 |
MS-11-32, S/2 |
|
184664 |
|
|
|
IMC121709 |
MS-11-33 |
|
184665 |
|
|
|
IMC121710 |
MS-11-34 |
|
184666 |
|
|
|
IMC121711 |
MS-11-35, S/2 |
|
184667 |
|
|
|
IMC121712 |
MS-11-36, S/2 |
|
184668 |
|
|
|
IMC121713 |
MS-11-40 |
|
184672 |
|
|
|
IMC121717 |
MS-11-41 |
|
184673 |
|
|
|
IMC121718 |
MS-11-42 |
|
184674 |
|
|
|
IMC121719 |
MS-11-43 |
|
184675 |
|
|
|
IMC121720 |
MS-11-44 |
|
184676 |
|
|
|
IMC121721 |
Claim Name |
|
Recording |
|
AMENDED |
|
BLM Serial No. |
MS-11-54 |
|
184677 |
|
|
|
IMC121722 |
MS-11-55 |
|
184678 |
|
|
|
IMC121723 |
MS-11-56 |
|
184679 |
|
|
|
IMC121724 |
MS-11-57 |
|
184680 |
|
|
|
IMC121725 |
MS-11-58 |
|
184681 |
|
|
|
IMC121726 |
MS-11-59 |
|
184682 |
|
|
|
IMC121727 |
MS-11-60 |
|
184683 |
|
|
|
IMC121728 |
MS-11-61 |
|
184684 |
|
|
|
IMC121729 |
MS-11-62 |
|
184685 |
|
|
|
IMC121730 |
MS-11-63 |
|
184686 |
|
|
|
IMC121731 |
MS-11-64 |
|
184687 |
|
|
|
IMC121732 |
MS-11-65 |
|
184692 |
|
|
|
IMC121733 |
MS-11-66 |
|
184693 |
|
|
|
IMC121734 |
MS-11-67 |
|
184694 |
|
|
|
IMC121735 |
MS-11-68 |
|
184695 |
|
|
|
IMC121736 |
MS-11-69 |
|
184696 |
|
|
|
IMC121737 |
MS-11-70 |
|
184697 |
|
|
|
IMC121738 |
MS-11-71 |
|
184698 |
|
|
|
IMC121739 |
MS-11-72 |
|
184699 |
|
|
|
IMC121740 |
MS-11-73 |
|
184700 |
|
|
|
IMC121741 |
MS-11-74 |
|
184701 |
|
|
|
IMC121742 |
MS-11-86 |
|
184688 |
|
|
|
IMC121743 |
MS-11-107 |
|
184691 |
|
|
|
IMC121746 |
MS-11-106 |
|
184690 |
|
|
|
IMC121745 |
MS-12-49 |
|
184640 |
|
|
|
IMC121748 |
MS-12-16 |
|
184639 |
|
|
|
IMC121747 |
NE 6 |
|
131263 |
|
|
|
IMC1500 |
TS-41 |
|
144191 |
|
|
|
IMC1000 |
TS-42 |
|
144192 |
|
|
|
IMC1001 |
TS-43 |
|
144193 |
|
|
|
IMC1002 |
TS-44 |
|
144194 |
|
|
|
IMC1003 |
TS-45 |
|
144195 |
|
|
|
IMC1004 |
TS-46 |
|
144196 |
|
|
|
IMC1005 |
TS-47 |
|
144197 |
|
|
|
IMC1006 |
TS-48 |
|
144198 |
|
|
|
IMC1007 |
TS-49 |
|
144199 |
|
|
|
IMC1008 |
TS-50 |
|
144200 |
|
|
|
IMC1009 |
TS-51 |
|
144201 |
|
|
|
IMC1010 |
TS-52 |
|
144108 |
|
|
|
IMC1011 |
TS-53 |
|
144109 |
|
|
|
IMC1012 |
TS-54 |
|
144110 |
|
|
|
IMC1013 |
TS-55 |
|
144111 |
|
|
|
IMC1014 |
TS-56 |
|
144112 |
|
|
|
IMC1015 |
TS-57 |
|
144113 |
|
|
|
IMC1016 |
TS-58 |
|
144114 |
|
|
|
IMC1017 |
TS-59 |
|
144115 |
|
|
|
IMC1018 |
TS-60 |
|
144116 |
|
|
|
IMC1019 |
TS-61 |
|
144117 |
|
|
|
IMC1020 |
TS-62 |
|
144118 |
|
169195 |
|
IMC1021 |
TS-63 |
|
144065 |
|
|
|
IMC1022 |
Claim Name |
|
Recording |
|
AMENDED |
|
BLM Serial No. |
TS-64 |
|
144066 |
|
|
|
IMC1023 |
TS-65 |
|
144067 |
|
|
|
IMC1024 |
TS-66 |
|
144068 |
|
|
|
IMC1025 |
TS-67 |
|
144069 |
|
|
|
IMC1026 |
TS-68 |
|
144070 |
|
|
|
IMC1027 |
TS-69 |
|
144071 |
|
|
|
IMC1028 |
TS-70 |
|
144072 |
|
|
|
IMC1029 |
TS-71 |
|
144073 |
|
|
|
IMC1030 |
TS-72 |
|
144074 |
|
|
|
IMC1031 |
TS-73 |
|
144075 |
|
|
|
IMC1032 |
TS-74 |
|
144076 |
|
|
|
IMC1033 |
TS-75 |
|
144077 |
|
|
|
IMC1034 |
TS-76 |
|
144078 |
|
|
|
IMC1035 |
TS-77 |
|
144079 |
|
|
|
IMC1036 |
TS-78 |
|
144080 |
|
|
|
IMC1037 |
|
|
|
|
|
|
|
N.W.-24 FRACTION |
|
144378 |
|
|
|
IMC1038 |
|
|
|
|
|
|
|
N.W.-40 FRACTION |
|
144377 |
|
|
|
IMC1039 |
|
|
|
|
|
|
|
N.W.-41 FRACTION |
|
144376 |
|
|
|
IMC1040 |
NN 1 |
|
131229 |
|
|
|
IMC1318 |
NN 2 |
|
131230 |
|
|
|
IMC1319 |
NN 3 |
|
131231 |
|
|
|
IMC1320 |
NN 4 |
|
131232 |
|
|
|
IMC1321 |
NN 5 |
|
131233 |
|
|
|
IMC1322 |
NN 6 |
|
131234 |
|
|
|
IMC1323 |
NN 7 |
|
131235 |
|
|
|
IMC1324 |
NN 8 |
|
131236 |
|
|
|
IMC1325 |
NN 9 |
|
131237 |
|
|
|
IMC1326 |
NN 10 |
|
131238 |
|
|
|
IMC1327 |
NN 11 |
|
131239 |
|
|
|
IMC1328 |
NN 12 |
|
131240 |
|
|
|
IMC1329 |
NN 13 |
|
131241 |
|
|
|
IMC1330 |
NN 14 |
|
131242 |
|
|
|
IMC1331 |
NN 15 |
|
131243 |
|
|
|
IMC1332 |
NN 16 |
|
131244 |
|
|
|
IMC1333 |
NN 17 |
|
131245 |
|
|
|
IMC1334 |
NN 20 |
|
131246 |
|
|
|
IMC1335 |
NN 21 |
|
131247 |
|
|
|
IMC1336 |
NN 22 |
|
131248 |
|
|
|
IMC1337 |
NN 23 |
|
131249 |
|
|
|
IMC1338 |
NN 24 |
|
131250 |
|
|
|
IMC1339 |
NN 25 |
|
131251 |
|
|
|
IMC1340 |
NN 26 |
|
131252 |
|
|
|
IMC1341 |
NN 27 |
|
131253 |
|
|
|
IMC1342 |
NN 28 |
|
131254 |
|
|
|
IMC1343 |
NN 29 |
|
131255 |
|
|
|
IMC1344 |
NN 30 |
|
131256 |
|
|
|
IMC1345 |
NN 31 |
|
131257 |
|
|
|
IMC1346 |
Claim Name |
|
Recording |
|
AMENDED |
|
BLM Serial No. |
CH-NO. 1 |
|
130187 |
|
131485 |
|
IMC1347 |
CH-NO. 2 |
|
130188 |
|
131486 |
|
IMC1348 |
CH-NO. 3 |
|
130189 |
|
131487 |
|
IMC1349 |
CH-NO. 4 |
|
130190 |
|
131488 |
|
IMC1350 |
CH-NO. 5 |
|
130191 |
|
131489 |
|
IMC1351 |
CH-NO. 6 |
|
130192 |
|
131490 |
|
IMC1352 |
CH-NO. 7 |
|
130193 |
|
131491 |
|
IMC1353 |
CH-NO. 8 |
|
130194 |
|
131492 |
|
IMC1354 |
CH-NO. 9 |
|
130195 |
|
131493 |
|
IMC1355 |
CH-NO. 10 |
|
130196 |
|
|
|
IMC1356 |
CH-NO. 11 |
|
130197 |
|
|
|
IMC1357 |
CH-NO. 12 |
|
130198 |
|
|
|
IMC1358 |
CH-NO. 13 |
|
130199 |
|
|
|
IMC1359 |
CH-NO. 14 |
|
130200 |
|
|
|
IMC1360 |
CH-NO. 15 |
|
130201 |
|
|
|
IMC1361 |
CH-NO. 16 |
|
130202 |
|
|
|
IMC1362 |
CH-NO. 17 |
|
130203 |
|
|
|
IMC1363 |
CH-NO. 18 |
|
130204 |
|
|
|
IMC1364 |
CH-NO. 19 |
|
130990 |
|
169206 |
|
IMC1365 |
CH-NO. 20 |
|
130991 |
|
169207 |
|
IMC1366 |
CH-NO. 21 |
|
130992 |
|
169208 |
|
IMC1367 |
CH-NO. 22 |
|
130993 |
|
169209 |
|
IMC1368 |
CH-NO. 23 |
|
130994 |
|
169210 |
|
IMC1369 |
CH-NO. 24 |
|
131494 |
|
169211 |
|
IMC1370 |
CH-NO. 25 |
|
136303 |
|
|
|
IMC1371 |
CH-NO. 26 |
|
136304 |
|
|
|
IMC1372 |
CH-NO. 27 |
|
136305 |
|
169212 |
|
IMC1373 |
CH-NO. 28 |
|
136306 |
|
169213 |
|
IMC1374 |
CH-NO. 29 |
|
136307 |
|
|
|
IMC1375 |
CH-NO. 30 |
|
136308 |
|
|
|
IMC1376 |
CH-NO. 31 |
|
136309 |
|
|
|
IMC1377 |
CH-NO. 32 |
|
136310 |
|
|
|
IMC1378 |
PH-NO. 3 |
|
129628 |
|
|
|
IMC1381 |
PH-NO. 4 |
|
129629 |
|
134826 |
|
IMC1382 |
PH-NO. 5 |
|
129630 |
|
169163 |
|
IMC1383 |
PH-NO. 6 |
|
129631 |
|
134827 |
|
IMC1384 |
PH-NO. 7 |
|
129632 |
|
|
|
IMC1385 |
PH-NO. 8 |
|
129633 |
|
|
|
IMC1386 |
PH-NO. 9 |
|
129634 |
|
|
|
IMC1387 |
PH-NO. 10 |
|
129635 |
|
169164 |
|
IMC1388 |
PH-NO. 11 |
|
129636 |
|
|
|
IMC1389 |
PH-NO. 12 |
|
129637 |
|
|
|
IMC1390 |
PH-NO. 13 |
|
129638 |
|
|
|
IMC1391 |
PH-NO. 14 |
|
129639 |
|
|
|
IMC1392 |
PH-NO. 15 |
|
130809 |
|
169165 |
|
IMC1393 |
PH-NO. 16 |
|
130810 |
|
169166 |
|
IMC1394 |
PH-NO. 17 |
|
130811 |
|
169167 |
|
IMC1395 |
PH-NO. 18 |
|
130812 |
|
|
|
IMC1396 |
PH-NO. 19 |
|
130865 |
|
|
|
IMC1397 |
CM 6 |
|
123226 |
|
131578 |
|
IMC1399 |
Claim Name |
|
Recording |
|
AMENDED |
|
BLM Serial No. |
CM 7 |
|
123227 |
|
169214 |
|
IMC1400 |
CM 8 |
|
123228 |
|
169215 |
|
IMC1401 |
CM 9 |
|
123229 |
|
131581 |
|
IMC1402 |
CM 10 |
|
123230 |
|
131582 |
|
IMC1403 |
CM 15 |
|
123235 |
|
131587 |
|
IMC1404 |
CM 17 |
|
123237 |
|
169217 |
|
IMC1406 |
CM 22 |
|
126854 |
|
127940 |
|
IMC1408 |
CM 23 |
|
126855 |
|
127941 |
|
IMC1409 |
CM 24 |
|
126856 |
|
127942 |
|
IMC1410 |
CM 25 |
|
126857 |
|
169218 |
|
IMC1411 |
CM 26 |
|
126858 |
|
127944 |
|
IMC1412 |
CM 34 |
|
126866 |
|
169221 |
|
IMC1420 |
CM 35 |
|
126867 |
|
169222 |
|
IMC1421 |
CM 36 |
|
126868 |
|
169223 |
|
IMC1422 |
CM 38 |
|
126481 |
|
169224 |
|
IMC1423 |
CM 39 |
|
126482 |
|
169225 |
|
IMC1424 |
CM 40 |
|
126483 |
|
169226 |
|
IMC1425 |
CM 41 |
|
126484 |
|
169227 |
|
IMC1426 |
CM 42 |
|
126485 |
|
169228 |
|
IMC1427 |
CM 43 |
|
126486 |
|
|
|
IMC1428 |
CM 44 |
|
126487 |
|
132275 |
|
IMC1429 |
CM 52 |
|
126488 |
|
|
|
IMC1437 |
CM 53 |
|
126489 |
|
169232 |
|
IMC1438 |
CM 54 |
|
126490 |
|
169233 |
|
IMC1439 |
CM 55 |
|
126491 |
|
169234 |
|
IMC1440 |
CM 56 |
|
126492 |
|
|
|
IMC1441 |
CM 57 |
|
126493 |
|
169235 |
|
IMC1442 |
CM 58 |
|
126494 |
|
169236 |
|
IMC1443 |
CM 59 |
|
126876 |
|
127962 |
|
IMC1444 |
CM 60 |
|
126877 |
|
127963 |
|
IMC1445 |
CM 61 |
|
126878 |
|
127964 |
|
1CM1446 |
CM 62 |
|
126879 |
|
127965 |
|
IMC1447 |
CM 63 |
|
126880 |
|
127966 |
|
IMC1448 |
CM 150 |
|
131133 |
|
169237 |
|
IMC1451 |
CM 151 |
|
131134 |
|
169238 |
|
IMC1452 |
CM 152 |
|
131135 |
|
169239 |
|
IMC1453 |
EER-1 |
|
138481 |
|
169240 |
|
IMC1454 |
EER-2 |
|
138482 |
|
169241 |
|
IMC1455 |
EER-3 |
|
138483 |
|
|
|
IMC1456 |
EER-4 |
|
138484 |
|
|
|
IMC1457 |
EER-5 |
|
138485 |
|
169242 |
|
IMC1458 |
EER-6 |
|
138486 |
|
169243 |
|
IMC1459 |
EER-7 |
|
138487 |
|
169244 |
|
IMC1460 |
NE 1 |
|
131258 |
|
|
|
IMC1495 |
NE 2 |
|
131259 |
|
|
|
IMC1496 |
NE 3 |
|
131260 |
|
|
|
IMC1497 |
NE 4 |
|
131261 |
|
|
|
IMC1498 |
NE 5 |
|
131262 |
|
|
|
IMC1499 |
NE 7 |
|
131264 |
|
|
|
IMC1501 |
NE 8 |
|
131265 |
|
|
|
IMC1502 |
Claim Name |
|
Recording |
|
AMENDED |
|
BLM Serial No. |
NE 9 |
|
131266 |
|
|
|
IMC1503 |
NE 10 |
|
131267 |
|
|
|
IMC1504 |
NE 11 |
|
131268 |
|
|
|
IMC1505 |
NE 12 |
|
131269 |
|
|
|
IMC1506 |
NE 13 |
|
130649 |
|
|
|
IMC1507 |
NE 14 |
|
130650 |
|
|
|
IMC1508 |
NE 15 |
|
130651 |
|
|
|
IMC1509 |
NE 16 |
|
130652 |
|
|
|
IMC1510 |
NE 17 |
|
130793 |
|
|
|
IMC1511 |
NE 18 |
|
130794 |
|
|
|
IMC1512 |
NE 19 |
|
130795 |
|
|
|
IMC1513 |
NE 20 |
|
130796 |
|
|
|
IMC1514 |
NE 21 |
|
130797 |
|
|
|
IMC1515 |
NE 22 |
|
130798 |
|
|
|
IMC1516 |
NE 23 |
|
130799 |
|
|
|
IMC1517 |
NE 24 |
|
130800 |
|
|
|
IMC1518 |
NE 25 |
|
130653 |
|
|
|
IMC1519 |
NE 28 |
|
130656 |
|
|
|
IMC1522 |
NE 29 |
|
130801 |
|
|
|
IMC1523 |
NE 30 |
|
130802 |
|
|
|
IMC1524 |
NE 31 |
|
130803 |
|
|
|
IMC1525 |
NE 32 |
|
130804 |
|
|
|
IMC1526 |
NE 61 |
|
130681 |
|
|
|
IMC1555 |
NE 62 |
|
130682 |
|
|
|
IMC1556 |
NE 63 |
|
130683 |
|
|
|
IMC1557 |
NE 64 |
|
130684 |
|
|
|
IMC1558 |
NE 65 |
|
130685 |
|
|
|
IMC1559 |
NE 66 |
|
130686 |
|
|
|
IMC1560 |
NE 67 |
|
130687 |
|
|
|
IMC1561 |
NE 68 |
|
130688 |
|
|
|
IMC1562 |
NE 33 |
|
130805 |
|
|
|
IMC1527 |
NE 34 |
|
130806 |
|
|
|
IMC1528 |
NE 35 |
|
130807 |
|
|
|
IMC1529 |
PATSIE #1 |
|
156591 |
|
|
|
IMC15297 |
PATSIE #2 |
|
156593 |
|
|
|
IMC15298 |
TWIN APEX #1 |
|
156593 |
|
|
|
IMC15299 |
NE 36 |
|
130808 |
|
|
|
IMC1530 |
NE 45 |
|
130665 |
|
|
|
IMC1539 |
NE 46 |
|
130666 |
|
|
|
IMC1540 |
NE 47 |
|
130667 |
|
|
|
IMC1541 |
NE 48 |
|
130668 |
|
|
|
IMC1542 |
NE 54 |
|
130674 |
|
|
|
IMC1548 |
NE 55 |
|
130675 |
|
|
|
IMC1549 |
NE 56 |
|
130676 |
|
|
|
IMC1550 |
NE 57 |
|
130677 |
|
|
|
IMC1551 |
NE 58 |
|
130678 |
|
|
|
IMC1552 |
NE 59 |
|
130679 |
|
|
|
IMC1553 |
NE 60 |
|
130680 |
|
|
|
IMC1554 |
BK-NO. 10 |
|
130186 |
|
|
|
IMC1617 |
BB NO. 1 |
|
130746 |
|
|
|
IMC1618 |
Claim Name |
|
Recording |
|
AMENDED |
|
BLM Serial No. |
BB NO. 2 |
|
130747 |
|
|
|
IMC1619 |
BB NO. 3 |
|
130748 |
|
|
|
IMC1620 |
BB NO. 4 |
|
130749 |
|
|
|
IMC1621 |
BB NO. 5 |
|
130750 |
|
|
|
IMC1622 |
BB NO. 6 |
|
130751 |
|
|
|
IMC1623 |
BB NO. 7 |
|
130752 |
|
|
|
IMC1624 |
BB NO. 8 |
|
130753 |
|
|
|
IMC1625 |
NE 73 |
|
130690 |
|
|
|
IMC1563 |
NE 74 |
|
130691 |
|
|
|
IMC1564 |
NE 75 |
|
130692 |
|
|
|
IMC1565 |
NE 76 |
|
130693 |
|
|
|
IMC1566 |
NE 77 |
|
130694 |
|
|
|
IMC1567 |
NE 78 |
|
130695 |
|
|
|
IMC1568 |
NE 79 |
|
130696 |
|
|
|
IMC1569 |
NE 80 |
|
130697 |
|
|
|
IMC1570 |
NE 81 |
|
131137 |
|
|
|
IMC1571 |
NE 82 |
|
131138 |
|
|
|
IMC1572 |
NE 83 |
|
131139 |
|
|
|
IMC1573 |
NE 84 |
|
131140 |
|
|
|
IMC1574 |
NE 85 |
|
131141 |
|
|
|
IMC1575 |
NE 86 |
|
131136 |
|
143759 |
|
IMC1576 |
BC-1 |
|
138568 |
|
|
|
IMC1597 |
BC-2 |
|
138569 |
|
|
|
IMC1598 |
BC-3 |
|
138570 |
|
|
|
IMC1599 |
BC-4 |
|
138571 |
|
|
|
IMC1600 |
BC-5 |
|
138572 |
|
|
|
IMC1601 |
BC-6 |
|
138573 |
|
|
|
IMC1602 |
BC-7 |
|
138574 |
|
|
|
IMC1603 |
BC-8 |
|
138575 |
|
|
|
IMC1604 |
BC-9 |
|
138576 |
|
|
|
IMC1605 |
BC-10 |
|
138577 |
|
|
|
IMC1606 |
BC-11 |
|
138578 |
|
|
|
IMC1607 |
BK-NO. 2 |
|
130178 |
|
|
|
IMC1609 |
BK-NO. 4 |
|
130180 |
|
|
|
IMC1611 |
BK-NO. 6 |
|
130182 |
|
|
|
IMC1613 |
BK-NO. 8 |
|
130184 |
|
|
|
IMC1615 |
BK-NO. 9 |
|
130185 |
|
|
|
IMC1616 |
SW 34 |
|
131120 |
|
|
|
IMC1663 |
SW 35 |
|
131121 |
|
|
|
IMC1664 |
SW 36 |
|
131122 |
|
|
|
IMC1665 |
SW 37 |
|
131123 |
|
136255 |
|
IMC1666 |
BB NO. 9 |
|
130754 |
|
|
|
IMC1626 |
BB NO. 10 |
|
130755 |
|
|
|
IMC1627 |
BB NO. 11 |
|
130756 |
|
|
|
IMC1628 |
BB NO. 12 |
|
130757 |
|
|
|
IMC1629 |
SW 1 |
|
130874 |
|
136252 |
|
IMC1630 |
SW 2 |
|
130875 |
|
136253 |
|
IMC1631 |
SW 3 |
|
130876 |
|
136254 |
|
IMC1632 |
SW NO. 4 |
|
130877 |
|
|
|
IMC1633 |
SW 5 |
|
130114 |
|
|
|
IMC1634 |
Claim Name |
|
Recording |
|
AMENDED |
|
BLM Serial No. |
SW 6 |
|
131115 |
|
|
|
IMC1635 |
SW 7 |
|
131116 |
|
|
|
IMC1636 |
SW NO. 8 |
|
130878 |
|
|
|
IMC1637 |
SW NO. 9 |
|
130879 |
|
|
|
IMC1638 |
SW NO. 10 |
|
130880 |
|
|
|
IMC1639 |
SW NO. 11 |
|
130881 |
|
169177 |
|
IMC1640 |
SW NO. 12 |
|
130882 |
|
|
|
IMC1641 |
SW NO. 13 |
|
130883 |
|
|
|
IMC1642 |
SW NO. 14 |
|
130884 |
|
|
|
IMC1643 |
SW NO. 15 |
|
130885 |
|
|
|
IMC1644 |
SW NO. 16 |
|
130886 |
|
|
|
IMC1645 |
SW NO. 17 |
|
130887 |
|
|
|
IMC1646 |
SW NO. 18 |
|
130888 |
|
|
|
IMC1647 |
SW NO. 19 |
|
130889 |
|
|
|
IMC1648 |
SW NO. 20 |
|
130890 |
|
|
|
IMC1649 |
SW NO. 21 |
|
130891 |
|
|
|
IMC1650 |
SW NO. 22 |
|
130892 |
|
|
|
IMC1651 |
SW NO. 23 |
|
130893 |
|
|
|
IMC1652 |
SW NO. 24 |
|
130894 |
|
|
|
IMC1653 |
SW NO. 25 |
|
130895 |
|
|
|
IMC1654 |
SW 26 |
|
130896 |
|
|
|
IMC1655 |
SW 27 |
|
130897 |
|
|
|
IMC1656 |
SW 28 |
|
130898 |
|
|
|
IMC1657 |
SW 29 |
|
130899 |
|
|
|
IMC1658 |
SW 30 |
|
130900 |
|
|
|
IMC1659 |
SW 31 |
|
131117 |
|
|
|
IMC1660 |
SW 32 |
|
131118 |
|
|
|
IMC1661 |
SW 33 |
|
131119 |
|
|
|
IMC1662 |
SW 38 |
|
130901 |
|
136256 |
|
IMC1667 |
SW 39 |
|
130902 |
|
|
|
IMC1668 |
SW 40 |
|
130903 |
|
|
|
IMC1669 |
SW 41 |
|
130904 |
|
|
|
IMC1670 |
SW 42 |
|
130905 |
|
|
|
IMC1671 |
SW 43 |
|
130906 |
|
|
|
IMC1672 |
SW 44 |
|
130907 |
|
|
|
IMC1673 |
SW 45 |
|
130908 |
|
|
|
IMC1674 |
SW 46 |
|
130909 |
|
169178 |
|
IMC1675 |
SW 47 |
|
130910 |
|
169179 |
|
IMC1676 |
SW 48 |
|
130911 |
|
169180 |
|
IMC1677 |
SW NO. 49 |
|
130912 |
|
|
|
IMC1678 |
SW NO. 50 |
|
130913 |
|
|
|
IMC1679 |
SW NO. 51 |
|
130914 |
|
|
|
IMC1680 |
SW NO. 52 |
|
130915 |
|
|
|
IMC1681 |
SW 53 |
|
130916 |
|
|
|
IMC1682 |
SW 54 |
|
130917 |
|
|
|
IMC1683 |
SW 55 |
|
130918 |
|
|
|
IMC1684 |
SW 56 |
|
130919 |
|
|
|
IMC1685 |
SW 57 |
|
130920 |
|
|
|
IMC1686 |
SW 58 |
|
130921 |
|
|
|
IMC1687 |
SW 59 |
|
130922 |
|
|
|
IMC1688 |
Claim Name |
|
Recording |
|
AMENDED |
|
BLM Serial No. |
SW 60 |
|
130923 |
|
|
|
IMC1689 |
SW 61 |
|
130924 |
|
|
|
IMC1690 |
SW 62 |
|
130925 |
|
|
|
IMC1691 |
SW NO. 66 |
|
130995 |
|
169183 |
|
IMC1695 |
SW NO. 67 |
|
130996 |
|
169184 |
|
IMC1696 |
SW NO. 68 |
|
130997 |
|
|
|
IMC1697 |
SW NO. 69 |
|
130998 |
|
169185 |
|
IMC1698 |
SW NO. 70 |
|
130999 |
|
169186 |
|
IMC1699 |
SW NO. 71 |
|
131000 |
|
169187 |
|
IMC1700 |
SW 72 |
|
130698 |
|
169188 |
|
IMC1701 |
SW 73 |
|
130699 |
|
169189 |
|
IMC1702 |
SW 74 |
|
130700 |
|
|
|
IMC1703 |
SW 75 |
|
130701 |
|
|
|
IMC1704 |
SW 76 |
|
130702 |
|
169190 |
|
IMC1705 |
SW 77 |
|
131124 |
|
169191 |
|
IMC1706 |
SW 78 |
|
130703 |
|
169192 |
|
IMC1707 |
SW 80 |
|
131001 |
|
169193 |
|
IMC1708 |
SW 81 |
|
131002 |
|
169194 |
|
IMC1709 |
SW 82 |
|
131003 |
|
|
|
IMC1710 |
SW 83 |
|
131004 |
|
|
|
IMC1711 |
SW 84 |
|
131005 |
|
|
|
IMC1712 |
SW 85 |
|
131005 |
|
|
|
IMC1713 |
SW 86 |
|
131125 |
|
|
|
IMC1714 |
SW 87 |
|
131007 |
|
|
|
IMC1715 |
SW 88 |
|
131008 |
|
|
|
IMC1716 |
SW 89 |
|
131009 |
|
|
|
IMC1717 |
SW 90 |
|
131010 |
|
|
|
IMC1718 |
SW 91 |
|
131011 |
|
|
|
IMC1719 |
SW 92 |
|
131012 |
|
|
|
IMC1720 |
SW 93 |
|
131013 |
|
|
|
IMC1721 |
SW 94 |
|
131014 |
|
|
|
IMC1722 |
SW 95 |
|
131015 |
|
|
|
IMC1723 |
SW 96 |
|
131126 |
|
|
|
IMC1724 |
SW 97 |
|
131127 |
|
|
|
IMC1725 |
SW 100 |
|
131130 |
|
|
|
IMC1728 |
SW NO. 101 |
|
130929 |
|
|
|
IMC1729 |
SW 98 FRACTION |
|
136599 |
|
144235 |
|
IMC1734 |
SW 100 FRACTION |
|
136311 |
|
|
|
IMC1735 |
NW NO. 1 |
|
131170 |
|
169168 |
|
IMC1736 |
NW NO. 2 |
|
131171 |
|
136246 |
|
IMC1737 |
NW NO. 3 |
|
131172 |
|
136247 |
|
IMC1738 |
NW NO. 4 |
|
131173 |
|
169169 |
|
IMC1739 |
NW NO. 5 |
|
131174 |
|
169170 |
|
IMC1740 |
NW NO. 6 |
|
131175 |
|
169171 |
|
IMC1741 |
NW NO. 7 |
|
131176 |
|
169172 |
|
IMC1742 |
NW NO. 8 |
|
131177 |
|
169173 |
|
IMC1743 |
NW NO. 9 |
|
131178 |
|
169174 |
|
IMC1744 |
NW NO. 10 |
|
131179 |
|
169175 |
|
IMC1745 |
NW 11 |
|
131180 |
|
169176 |
|
IMC1746 |
NW 12 |
|
131181 |
|
|
|
IMC1747 |
Claim Name |
|
Recording |
|
AMENDED |
|
BLM Serial No. |
NW 13 |
|
131182 |
|
|
|
IMC1748 |
NW 14 |
|
131183 |
|
|
|
IMC1749 |
NW 15 |
|
131184 |
|
|
|
IMC1750 |
NW 16 |
|
131185 |
|
|
|
IMC1751 |
NW 17 |
|
131186 |
|
|
|
IMC1752 |
NW 18 |
|
131187 |
|
|
|
IMC1753 |
NW 19 |
|
131188 |
|
|
|
IMC1754 |
NW 20 |
|
131189 |
|
|
|
IMC1755 |
NW 21 |
|
131190 |
|
|
|
IMC1756 |
NW 22 |
|
131191 |
|
|
|
IMC1757 |
NW 23 |
|
131192 |
|
|
|
IMC1758 |
NW 24 |
|
131193 |
|
|
|
IMC1759 |
NW 25 |
|
131194 |
|
|
|
IMC1760 |
NW 26 |
|
131195 |
|
|
|
IMC1761 |
NW 27 |
|
131196 |
|
|
|
IMC1762 |
NW 28 |
|
131197 |
|
|
|
IMC1763 |
NW 29 |
|
131198 |
|
|
|
IMC1764 |
NW 30 |
|
131199 |
|
|
|
IMC1765 |
NW 31 |
|
131200 |
|
|
|
IMC1766 |
NW 32 |
|
131201 |
|
|
|
IMC1767 |
NW 35 |
|
131204 |
|
|
|
IMC1770 |
NW 36 |
|
131205 |
|
|
|
IMC1771 |
NW 37 |
|
131206 |
|
|
|
IMC1772 |
NW 38 |
|
131207 |
|
|
|
IMC1773 |
NW 39 |
|
131208 |
|
|
|
IMC1774 |
NW 40 |
|
131209 |
|
|
|
IMC1775 |
NW 41 |
|
131210 |
|
|
|
IMC1776 |
NW 42 |
|
131211 |
|
|
|
IMC1777 |
NW 43 |
|
131212 |
|
|
|
IMC1778 |
NW 44 |
|
131213 |
|
|
|
IMC1779 |
NW 57 |
|
131226 |
|
|
|
IMC1792 |
NW 58 |
|
131227 |
|
|
|
IMC1793 |
NW 59 |
|
131228 |
|
|
|
IMC1794 |
NW 60 |
|
131495 |
|
|
|
IMC1795 |
NW 9 FRACTION |
|
136246 |
|
|
|
IMC1796 |
EE 1 |
|
130571 |
|
|
|
IMC1797 |
EE 2 |
|
130572 |
|
|
|
IMC1798 |
EE 3 |
|
130573 |
|
|
|
IMC1799 |
EE 4 |
|
130574 |
|
|
|
IMC1800 |
EE 5 |
|
130575 |
|
|
|
IMC1801 |
EE 6 |
|
130576 |
|
|
|
IMC1802 |
EE 7 |
|
130577 |
|
|
|
IMC1803 |
EE 8 |
|
130578 |
|
|
|
IMC1804 |
EE 9 |
|
130579 |
|
|
|
IMC1805 |
EE 10 |
|
130580 |
|
|
|
IMC1806 |
EE 11 |
|
130581 |
|
|
|
IMC1807 |
EE 12 |
|
130582 |
|
|
|
IMC1808 |
EE 13 |
|
130583 |
|
|
|
IMC1809 |
EE 14 |
|
130584 |
|
|
|
IMC1810 |
EE 16 |
|
130586 |
|
|
|
IMC1812 |
Claim Name |
|
Recording |
|
AMENDED |
|
BLM Serial No. |
EE 17 |
|
130588 |
|
|
|
IMC1813 |
EE 18 |
|
130589 |
|
|
|
IMC1814 |
EE 19 |
|
130590 |
|
|
|
IMC1815 |
EE 20 |
|
130591 |
|
|
|
IMC1816 |
EE 21 |
|
130592 |
|
|
|
IMC1817 |
EE 22 |
|
130593 |
|
|
|
IMC1818 |
EE 23 |
|
130594 |
|
|
|
IMC1819 |
EE 24 |
|
130595 |
|
|
|
IMC1820 |
EE 25 |
|
130596 |
|
|
|
IMC1821 |
EE 26 |
|
130597 |
|
|
|
IMC1822 |
EE 27 |
|
130598 |
|
|
|
IMC1823 |
EE 28 |
|
130599 |
|
|
|
IMC1824 |
EE 29 |
|
130600 |
|
|
|
IMC1825 |
EE 30 |
|
130601 |
|
|
|
IMC1826 |
EE 31 |
|
130602 |
|
|
|
IMC1827 |
EE 34 |
|
130605 |
|
|
|
IMC1830 |
EE 35 |
|
130606 |
|
|
|
IMC1831 |
EE 36 |
|
130607 |
|
|
|
IMC1832 |
EE 37 |
|
130608 |
|
|
|
IMC1833 |
EE 38 |
|
130609 |
|
|
|
IMC1834 |
EE 39 |
|
130610 |
|
|
|
IMC1835 |
EE 40 |
|
130611 |
|
|
|
IMC1836 |
EE 41 |
|
130612 |
|
|
|
IMC1837 |
EE 42 |
|
130613 |
|
|
|
IMC1838 |
EE 43 |
|
130614 |
|
|
|
IMC1839 |
EE 44 |
|
130615 |
|
|
|
IMC1840 |
EE 45 |
|
130616 |
|
|
|
IMC1841 |
EE 46 |
|
130617 |
|
|
|
IMC1842 |
EE 47 |
|
130618 |
|
|
|
IMC1843 |
EE 48 |
|
130619 |
|
|
|
IMC1844 |
EE 49 |
|
130620 |
|
|
|
IMC1845 |
EE 50 |
|
130621 |
|
|
|
IMC1846 |
EE 51 |
|
130622 |
|
|
|
IMC1847 |
EE 52 |
|
130623 |
|
|
|
IMC1848 |
EE 53 |
|
130624 |
|
|
|
IMC1849 |
EE 54 |
|
130625 |
|
|
|
IMC1850 |
EE 55 |
|
130626 |
|
|
|
IMC1851 |
EE 56 |
|
130627 |
|
|
|
IMC1852 |
EE 59 |
|
130628 |
|
|
|
IMC1853 |
EE 60 |
|
130629 |
|
|
|
IMC1854 |
EE 61 |
|
130630 |
|
|
|
IMC1855 |
EE 62 |
|
130631 |
|
|
|
IMC1856 |
EE 70 |
|
130643 |
|
|
|
IMC1857 |
EE 71 |
|
130644 |
|
|
|
IMC1858 |
EE 72 |
|
130689 |
|
|
|
IMC1859 |
EE 73 |
|
130645 |
|
|
|
IMC1860 |
EE 74 |
|
130646 |
|
|
|
IMC1861 |
EE 75 |
|
130647 |
|
|
|
IMC1862 |
EE 76 |
|
130648 |
|
|
|
IMC1863 |
EE 77 |
|
130758 |
|
131498 |
|
IMC1864 |
Claim Name |
|
Recording |
|
AMENDED |
|
BLM Serial No. |
EE 78 |
|
130759 |
|
131499 |
|
IMC1865 |
EE 88 |
|
130777 |
|
|
|
IMC1866 |
EE 89 |
|
130778 |
|
|
|
IMC1867 |
EE 90 |
|
130779 |
|
|
|
IMC1868 |
EE 91 |
|
130780 |
|
|
|
IMC1869 |
EE 92 |
|
130781 |
|
|
|
IMC1870 |
EE 93 |
|
130782 |
|
|
|
IMC1871 |
EE 94 |
|
130783 |
|
|
|
IMC1872 |
EE 95 |
|
130784 |
|
|
|
IMC1873 |
EE 96 |
|
130785 |
|
|
|
IMC1874 |
EE 97 |
|
130786 |
|
|
|
IMC1875 |
EE 98 |
|
130787 |
|
|
|
IMC1876 |
EE 99 |
|
130788 |
|
|
|
IMC1877 |
EE 102 |
|
130791 |
|
|
|
IMC1880 |
EE 103 |
|
130792 |
|
|
|
IMC1881 |
EE 116 |
|
130587 |
|
|
|
IMC1882 |
NW 33A |
|
154538 |
|
|
|
IMC50606 |
NW 34A |
|
154540 |
|
|
|
IMC50607 |
NN-32 |
|
155244 |
|
|
|
IMC52597 |
NN-33 |
|
155245 |
|
|
|
IMC52598 |
NN-34 |
|
155246 |
|
|
|
IMC52599 |
NN-35 |
|
155247 |
|
|
|
IMC52600 |
NN-36 |
|
155248 |
|
|
|
IMC52601 |
NN-37 |
|
155249 |
|
|
|
IMC52602 |
NN-38 |
|
155250 |
|
|
|
IMC52603 |
NN-39 |
|
155251 |
|
|
|
IMC52604 |
NN-40 |
|
155252 |
|
|
|
IMC52605 |
NN-41 |
|
155253 |
|
|
|
IMC52606 |
NN-42 |
|
155254 |
|
|
|
IMC52607 |
NN-43 |
|
155255 |
|
|
|
IMC52668 |
NN-44 |
|
155256 |
|
|
|
IMC52609 |
NN-45 |
|
155257 |
|
|
|
IMC52610 |
NN-46 |
|
155258 |
|
|
|
IMC52611 |
NN-47 |
|
155259 |
|
|
|
IMC52612 |
NN-48 |
|
155260 |
|
|
|
IMC52613 |
NN-49 |
|
155261 |
|
|
|
IMC52614 |
NN-50 |
|
155262 |
|
|
|
IMC52615 |
NN-51 |
|
155263 |
|
|
|
IMC52616 |
NN-52 |
|
155264 |
|
|
|
IMC52617 |
NN-53 |
|
155265 |
|
|
|
IMC52618 |
NN-54 |
|
155266 |
|
|
|
IMC52619 |
NN-55 |
|
155267 |
|
|
|
IMC52620 |
NN-56 |
|
155268 |
|
|
|
IMC52621 |
NN-57 |
|
155269 |
|
|
|
IMC52622 |
NN-58 |
|
155270 |
|
|
|
IMC52623 |
NN-59 |
|
155271 |
|
|
|
IMC52624 |
NN-61 |
|
155272 |
|
|
|
IMC52625 |
NN-62 |
|
155273 |
|
|
|
IMC52626 |
NN-63 |
|
155274 |
|
|
|
IMC52627 |
NN-64 |
|
155275 |
|
|
|
IMC52628 |
Claim Name |
|
Recording |
|
AMENDED |
|
BLM Serial No. |
NN-65 |
|
155276 |
|
|
|
IMC52629 |
NN-66 |
|
155277 |
|
|
|
IMC52630 |
NN-67 |
|
155278 |
|
|
|
IMC52631 |
NN-68 |
|
155279 |
|
|
|
IMC52632 |
NN-69 |
|
155280 |
|
|
|
IMC52633 |
NN-70 |
|
155281 |
|
|
|
IMC52634 |
NN-71 |
|
155282 |
|
|
|
IMC52635 |
NN-72 |
|
155283 |
|
|
|
IMC52636 |
NN-73 |
|
155284 |
|
|
|
IMC52637 |
NN-74 |
|
155285 |
|
|
|
IMC52638 |
NN-75 |
|
155286 |
|
|
|
IMC52639 |
NN-76 |
|
155287 |
|
|
|
IMC52640 |
NN-77 |
|
155288 |
|
|
|
IMC52641 |
NN-78 |
|
155289 |
|
|
|
IMC52642 |
NN-79 |
|
155290 |
|
|
|
IMC52643 |
NN-80 |
|
155291 |
|
|
|
IMC52644 |
NN-81 |
|
155292 |
|
|
|
IMC52645 |
NN-82 |
|
155293 |
|
|
|
IMC52646 |
NN-83 |
|
155294 |
|
|
|
IMC52647 |
NN-84 |
|
155295 |
|
|
|
IMC52648 |
NN-85 |
|
155296 |
|
|
|
IMC52649 |
NN-86 |
|
155297 |
|
|
|
IMC52650 |
NN-87 |
|
155298 |
|
|
|
IMC52651 |
NN-88 |
|
155299 |
|
|
|
IMC52652 |
NN-89 |
|
155300 |
|
|
|
MC52653 |
NN-90 |
|
155301 |
|
|
|
IMC52654 |
NN-91 |
|
155302 |
|
|
|
IMC52655 |
NN-92 |
|
155303 |
|
|
|
IMC52656 |
NN-93 |
|
155304 |
|
|
|
IMC52657 |
NN-94 |
|
155305 |
|
|
|
IMC52658 |
NN-95 |
|
155306 |
|
|
|
IMC52659 |
NN-96 |
|
155307 |
|
|
|
IMC52660 |
NN-97 |
|
155308 |
|
|
|
IMC52661 |
NN-98 |
|
155309 |
|
|
|
IMC52662 |
NN-99 |
|
155310 |
|
|
|
IMC52663 |
NN-100 |
|
155311 |
|
|
|
IMC52664 |
NN-101 |
|
155312 |
|
|
|
IMC52665 |
NN-102 |
|
155313 |
|
|
|
IMC52666 |
NN-103 |
|
155314 |
|
|
|
IMC52667 |
NN-104 |
|
155315 |
|
|
|
IMC52668 |
NN-105 |
|
155316 |
|
|
|
IMC52669 |
NN-106 |
|
155317 |
|
|
|
IMC52670 |
NN-107 |
|
155318 |
|
|
|
IMC52671 |
NN-108 |
|
155319 |
|
|
|
IMC52672 |
NN-109 |
|
155320 |
|
|
|
IMC52673 |
NN-110 |
|
155321 |
|
|
|
IMC52674 |
NN-111 |
|
155322 |
|
|
|
IMC52675 |
NN-112 |
|
155323 |
|
|
|
IMC52676 |
NN-113 |
|
155324 |
|
|
|
IMC52677 |
NN-114 |
|
155325 |
|
|
|
IMC52678 |
Claim Name |
|
Recording |
|
AMENDED |
|
BLM Serial No. |
NN-115 |
|
155326 |
|
|
|
IMC52679 |
NN-116 |
|
155327 |
|
|
|
IMC52680 |
NN-117 |
|
155328 |
|
|
|
IMC52681 |
NN-118 |
|
155329 |
|
|
|
ICM52682 |
NN-119 |
|
155330 |
|
|
|
IMC52683 |
NN-120 |
|
155331 |
|
|
|
IMC52684 |
NN-121 |
|
155332 |
|
|
|
ICM52685 |
NN-122 |
|
155333 |
|
|
|
IMC52686 |
NN-123 |
|
155334 |
|
|
|
IMC52687 |
NN-124 |
|
155335 |
|
|
|
IMC52688 |
NN-125 |
|
155336 |
|
|
|
IMC52689 |
NN-126 |
|
155337 |
|
|
|
IMC52690 |
NN-127 |
|
155338 |
|
|
|
IMC52691 |
NN-128 |
|
155339 |
|
|
|
IMC52692 |
NN-129 |
|
155340 |
|
|
|
IMC52693 |
NN-130 |
|
155341 |
|
|
|
IMC52694 |
NN-131 |
|
155342 |
|
|
|
IMC52695 |
NN-132 |
|
155343 |
|
|
|
IMC52696 |
NN-133 |
|
155344 |
|
|
|
IMC52697 |
NN-134 |
|
155345 |
|
|
|
IMC52698 |
NN-135 |
|
155346 |
|
|
|
IMC52699 |
NN-136 |
|
155347 |
|
|
|
IMC52700 |
NN-137 |
|
155348 |
|
|
|
IMC52701 |
NN-138 |
|
155349 |
|
|
|
IMC52702 |
NE 87 |
|
155188 |
|
|
|
IMC52703 |
NE 88 |
|
155189 |
|
|
|
IMC52704 |
NE 89 |
|
155190 |
|
|
|
IMC52705 |
NE 90 |
|
155191 |
|
|
|
IMC52706 |
NE 91 |
|
155192 |
|
|
|
IMC52707 |
NE 92 |
|
155193 |
|
|
|
IMC52708 |
NE 93 |
|
155194 |
|
|
|
IMC52709 |
NE 95 |
|
155196 |
|
|
|
IMC52711 |
NE 97 |
|
155198 |
|
|
|
IMC52712 |
NE 99 |
|
155200 |
|
|
|
IMC52714 |
NE 101 |
|
155202 |
|
|
|
IMC52716 |
NE 103 |
|
155204 |
|
|
|
IMC52718 |
NE 105 |
|
155206 |
|
|
|
IMC52720 |
NE 107 |
|
155208 |
|
|
|
IMC52722 |
NE 109 |
|
155210 |
|
|
|
IMC52724 |
NE 111 |
|
155212 |
|
|
|
IMC52726 |
BC-12 |
|
155123 |
|
|
|
IMC52758 |
BC-13 |
|
155124 |
|
|
|
IMC52759 |
BC-14 |
|
155125 |
|
|
|
IMC52760 |
BC-15 |
|
155126 |
|
|
|
IMC52761 |
BC-16 |
|
155127 |
|
|
|
IMC52762 |
BC-17 |
|
155128 |
|
|
|
IMC52763 |
BC-18 |
|
155129 |
|
|
|
IMC52764 |
BC-19 |
|
155130 |
|
|
|
IMC52765 |
BC-20 |
|
155131 |
|
|
|
IMC52766 |
BC-21 |
|
155132 |
|
|
|
IMC52767 |
Claim Name |
|
Recording |
|
AMENDED |
|
BLM Serial No. |
BC-22 |
|
155133 |
|
|
|
IMC52768 |
BC-23 |
|
155134 |
|
|
|
IMC52769 |
BC-24 |
|
155135 |
|
|
|
IMC52770 |
BC-25 |
|
155136 |
|
|
|
IMC52771 |
BC-26 |
|
155137 |
|
|
|
IMC52772 |
BC-27 |
|
155138 |
|
|
|
IMC52773 |
BC-28 |
|
155139 |
|
|
|
IMC52774 |
BC-29 |
|
155140 |
|
|
|
IMC52775 |
BC-30 |
|
155141 |
|
|
|
IMC52776 |
BC-31 |
|
155142 |
|
|
|
IMC52777 |
BC-32 |
|
155143 |
|
|
|
IMC52778 |
BC-33 |
|
155144 |
|
|
|
IMC52779 |
BC-34 |
|
155145 |
|
|
|
IMC52780 |
BC-35 |
|
155146 |
|
|
|
IMC52781 |
BC-36 |
|
155147 |
|
|
|
IMC52782 |
BC-37 |
|
155148 |
|
|
|
IMC52783 |
BC-38 |
|
155149 |
|
|
|
IMC52784 |
BC-39 |
|
155150 |
|
|
|
IMC52785 |
BC-40 |
|
155151 |
|
|
|
IMC52786 |
BC-41 |
|
155152 |
|
|
|
IMC52787 |
BC-42 |
|
155153 |
|
|
|
IMC52788 |
BC-43 |
|
155154 |
|
|
|
IMC52789 |
BC-44 |
|
155155 |
|
|
|
IMC52790 |
BC-45 |
|
155156 |
|
|
|
IMC52791 |
BC-46 |
|
155157 |
|
|
|
IMC52792 |
BC-47 |
|
155158 |
|
|
|
IMC52793 |
BC-48 |
|
155159 |
|
|
|
IMC52794 |
BC-49 |
|
155160 |
|
|
|
IMC52795 |
BC-53 |
|
155164 |
|
|
|
IMC52796 |
BC-54 |
|
155165 |
|
|
|
IMC52797 |
BC-55 |
|
155166 |
|
|
|
IMC52798 |
BC-56 |
|
155167 |
|
|
|
IMC52799 |
BC-57 |
|
155168 |
|
|
|
IMC52800 |
BC-58 |
|
155169 |
|
|
|
IMC52801 |
BC-59 |
|
155170 |
|
|
|
IMC52802 |
BC-60 |
|
155171 |
|
|
|
IMC52803 |
BC-62 |
|
155172 |
|
|
|
IMC52804 |
BC-63 |
|
155173 |
|
|
|
IMC52805 |
BC-64 |
|
155174 |
|
|
|
IMC52806 |
BC-65 |
|
155175 |
|
|
|
IMC52807 |
BC-66 |
|
155176 |
|
|
|
IMC52808 |
BC-67 |
|
155177 |
|
|
|
IMC52809 |
BC-68 |
|
155178 |
|
|
|
IMC52810 |
BC-69 |
|
155179 |
|
|
|
IMC52811 |
BC-70 |
|
155180 |
|
|
|
IMC52812 |
BC-71 |
|
155181 |
|
|
|
IMC52813 |
BC-72 |
|
155182 |
|
|
|
IMC52814 |
BC-73 |
|
155183 |
|
|
|
IMC52815 |
BC-74 |
|
155184 |
|
|
|
IMC52816 |
BC-75 |
|
155185 |
|
|
|
IMC52817 |
Claim Name |
|
Recording |
|
AMENDED |
|
BLM Serial No. |
BC-76 |
|
155186 |
|
|
|
IMC52818 |
BC-77 |
|
155187 |
|
|
|
IMC52819 |
BC-50 FRACTION |
|
155161 |
|
|
|
IMC52820 |
BC-51 FRACTION |
|
155162 |
|
|
|
IMC52821 |
BC-52 FRACTION |
|
155163 |
|
|
|
IMC52822 |
NE 96 |
|
155197 |
|
|
|
IMC52823 |
PEACH 124 |
|
161476 |
|
163677 |
|
IMC70738 |
PEACH 125 |
|
161477 |
|
|
|
IMC70739 |
PEACH 126 |
|
161478 |
|
|
|
IMC70740 |
PEACH 127 |
|
161479 |
|
|
|
IMC70741 |
TS-79A |
|
148250 |
|
169196 |
|
IMC7186 |
TS-80A |
|
148251 |
|
169197 |
|
IMC7187 |
TS-81A |
|
148252 |
|
169198 |
|
IMC7188 |
TS-82A |
|
148253 |
|
169199 |
|
IMC7189 |
TS-83A |
|
148254 |
|
169200 |
|
IMC7190 |
TS-84A |
|
148255 |
|
169201 |
|
IMC7191 |
TS-85A |
|
148256 |
|
169202 |
|
IMC7192 |
TS-86A |
|
148257 |
|
169203 |
|
IMC7193 |
TS-87A |
|
148258 |
|
169204 |
|
IMC7194 |
TS-88A |
|
148259 |
|
169205 |
|
IMC7195 |
TA 1R |
|
168353 |
|
|
|
IMC86250 |
TA 2R |
|
168354 |
|
|
|
IMC86251 |
TA 3R |
|
168355 |
|
|
|
IMC86252 |
TA 4R |
|
168356 |
|
|
|
IMC86253 |
TA 5R |
|
168357 |
|
|
|
IMC86254 |
TA 6R |
|
168358 |
|
|
|
IMC86255 |
TA 7R |
|
168359 |
|
|
|
IMC86256 |
TA 8R |
|
168360 |
|
|
|
IMC86257 |
TA 9R |
|
168361 |
|
|
|
IMC86258 |
TA 10R |
|
168362 |
|
|
|
IMC86259 |
TA 11R |
|
168363 |
|
|
|
IMC86260 |
TA 12R |
|
168364 |
|
|
|
IMC86261 |
TA 13R |
|
168365 |
|
|
|
IMC86262 |
TA 14R |
|
168366 |
|
|
|
IMC86263 |
TA 15R |
|
168367 |
|
|
|
IMC86264 |
TA 16R |
|
168368 |
|
|
|
IMC86265 |
CH 23A |
|
169073 |
|
|
|
IMC89368 |
CM 50 |
|
169074 |
|
|
|
IMC89369 |
TS-30 |
|
144266 |
|
|
|
IMC989 |
TS-31 |
|
144181 |
|
|
|
IMC990 |
TS-32 |
|
144182 |
|
|
|
IMC991 |
TS-33 |
|
144183 |
|
|
|
IMC992 |
TS-34 |
|
144184 |
|
|
|
IMC993 |
TS-35 |
|
144185 |
|
|
|
IMC994 |
TS-36 |
|
144186 |
|
|
|
IMC995 |
TS-37 |
|
144187 |
|
|
|
IMC996 |
TS-38 |
|
144188 |
|
|
|
IMC997 |
TS-39 |
|
144189 |
|
|
|
IMC998 |
TS-40 |
|
144190 |
|
|
|
IMC999 |
MS-6-L25A, N/2 |
|
221935 |
|
|
|
IMC 184309 |
Claim Name |
|
Recording |
|
AMENDED |
|
BLM Serial No. |
MS-3-L8A, W/2 |
|
221936 |
|
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|
IMC 184310 |
PEACH 1 |
|
238226 |
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IMC194279 |
PEACH 2 |
|
238227 |
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IMC194280 |
PEACH 3 |
|
238228 |
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IMC194281 |
PEACH 4 |
|
238229 |
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IMC194282 |
PEACH 5 |
|
238230 |
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IMC194283 |
PEACH 6 |
|
238231 |
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IMC194284 |
PEACH 7 |
|
238232 |
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IMC194285 |
PEACH 8 |
|
238233 |
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IMC194286 |
PEACH 9 |
|
283234 |
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IMC194287 |
PEACH 10 |
|
238235 |
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IMC194288 |
PEACH 11 |
|
238236 |
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IMC194289 |
PEACH 12 |
|
238237 |
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IMC194290 |
PEACH 13 |
|
238238 |
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IMC194291 |
PEACH 14 |
|
238239 |
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IMC194292 |
PEACH 15 |
|
238240 |
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IMC194293 |
PEACH 16 |
|
238241 |
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IMC194294 |
PEACH 17 |
|
238242 |
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IMC194295 |
PEACH 18 |
|
238243 |
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IMC194296 |
PEACH 19 |
|
238244 |
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IMC194297 |
PEACH 20 |
|
238245 |
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IMC194298 |
PEACH 21 |
|
238246 |
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IMC194299 |
PEACH 22 |
|
238247 |
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IMC194300 |
PEACH 23 |
|
238248 |
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IMC194301 |
PEACH 24 |
|
238249 |
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IMC194302 |
PEACH 25 |
|
238250 |
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IMC194303 |
PEACH 26 |
|
238251 |
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IMC194304 |
PEACH 27 |
|
238252 |
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IMC194305 |
PEACH 28 |
|
238253 |
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IMC194306 |
PEACH 29 |
|
238254 |
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IMC194307 |
PEACH 30 |
|
238255 |
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IMC194308 |
PEACH 31 |
|
238256 |
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IMC194309 |
PEACH 71 |
|
238257 |
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IMC194310 |
PEACH 72 |
|
238258 |
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IMC194311 |
PEACH 73 |
|
238259 |
|
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IMC194312 |
PEACH 74 |
|
238260 |
|
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IMC194313 |
PEACH 75 |
|
238261 |
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IMC194314 |
PEACH 76 |
|
238262 |
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IMC194315 |
PEACH 77 |
|
238263 |
|
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IMC194316 |
PEACH 78 |
|
238264 |
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IMC194317 |
PEACH 79 |
|
238265 |
|
239463 |
|
IMC194318 |
PEACH 80 |
|
238266 |
|
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|
IMC194319 |
PEACH 81 |
|
238267 |
|
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IMC194320 |
PEACH 82 |
|
238268 |
|
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IMC194321 |
PEACH 83 |
|
238269 |
|
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|
IMC194322 |
PEACH 84 |
|
238270 |
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IMC194323 |
PEACH 85 |
|
238271 |
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IMC194324 |
PEACH 86 |
|
238272 |
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IMC194325 |
PEACH 87 |
|
238273 |
|
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|
IMC194326 |
PEACH 88 |
|
238274 |
|
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|
IMC194327 |
Claim Name |
|
Recording |
|
AMENDED |
|
BLM Serial No. |
PEACH 89 |
|
238275 |
|
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|
IMC194328 |
PEACH 90 |
|
238276 |
|
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|
IMC194329 |
PEACH 91 |
|
238277 |
|
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IMC194330 |
PEACH 92 |
|
238278 |
|
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|
IMC194331 |
PEACH 93 |
|
238279 |
|
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|
IMC194332 |
PEACH 94 |
|
238280 |
|
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|
IMC194333 |
PEACH 95 |
|
238281 |
|
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|
IMC194334 |
PEACH 96 |
|
238282 |
|
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|
IMC194335 |
PEACH 97 |
|
238283 |
|
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|
IMC194336 |
PEACH 98 |
|
238284 |
|
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|
IMC194337 |
PEACH 99 |
|
238285 |
|
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|
IMC194338 |
PEACH 100 |
|
238286 |
|
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|
IMC194339 |
PEACH 101 |
|
238287 |
|
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IMC194340 |
PEACH 102 |
|
238288 |
|
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|
IMC194341 |
PEACH 103 |
|
238289 |
|
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IMC194342 |
PEACH 104 |
|
238290 |
|
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IMC194343 |
PEACH 105 |
|
238291 |
|
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|
IMC194344 |
PEACH 106 |
|
238292 |
|
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IMC194345 |
PEACH 107 |
|
238293 |
|
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|
IMC194346 |
PEACH 108 |
|
238294 |
|
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|
IMC194347 |
PEACH 109 |
|
238295 |
|
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|
IMC194348 |
PEACH 110 |
|
238296 |
|
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|
IMC194349 |
PEACH 111 |
|
238297 |
|
239464 |
|
IMC194350 |
PEACH 112 |
|
238298 |
|
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IMC194351 |
PEACH 113 |
|
238299 |
|
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IMC194352 |
PEACH 114 |
|
238300 |
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IMC194353 |
PEACH 115 |
|
238301 |
|
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IMC194354 |
PEACH 116 |
|
238302 |
|
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IMC194355 |
PEACH 117A |
|
238303 |
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IMC194356 |
PEACH 118A |
|
238304 |
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IMC194357 |
PEACH 119A |
|
238305 |
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IMC194358 |
PEACH 120 |
|
238306 |
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IMC194359 |
PEACH 121 |
|
238307 |
|
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IMC194360 |
PEACH 122 |
|
238308 |
|
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IMC194361 |
PEACH 123 |
|
238309 |
|
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|
IMC194362 |
TS 1 |
|
238310 |
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|
IMC194363 |
TS 2 |
|
238311 |
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IMC194364 |
TS 3 |
|
238312 |
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IMC194365 |
TS 4 |
|
238313 |
|
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|
IMC194366 |
TS 5 |
|
238314 |
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|
IMC194367 |
TS 6 |
|
238315 |
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|
IMC194368 |
TS 7 |
|
238316 |
|
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|
IMC194369 |
TS 8 |
|
238317 |
|
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|
IMC194370 |
TS 9 |
|
238318 |
|
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|
IMC194371 |
TS 10 |
|
238319 |
|
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|
IMC194372 |
TS 11 |
|
238320 |
|
239462 |
|
IMC194373 |
Peach 32 |
|
239696 |
|
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|
IMC 196697 |
Peach 33 |
|
239697 |
|
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|
IMC 196698 |
Peach 34 |
|
239698 |
|
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|
IMC 196699 |
Peach 35 |
|
239699 |
|
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|
IMC 196700 |
Claim Name |
|
Recording |
|
AMENDED |
|
BLM Serial No. |
Peach 36 |
|
239700 |
|
|
|
IMC 196701 |
Peach 37 |
|
239701 |
|
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|
IMC 196702 |
Peach 38 |
|
239702 |
|
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IMC 196703 |
Peach 39 |
|
239703 |
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|
IMC 196704 |
Peach 40 |
|
239704 |
|
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|
IMC 196705 |
Peach 41 |
|
239705 |
|
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|
IMC 196706 |
Peach 42 |
|
239706 |
|
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|
IMC 196707 |
Peach 43 |
|
239707 |
|
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|
IMC 196708 |
Peach 44 |
|
239708 |
|
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|
IMC 196709 |
Peach 45 |
|
239709 |
|
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|
IMC 196710 |
Peach 46 |
|
239710 |
|
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|
IMC 196711 |
Peach 47 |
|
239711 |
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IMC 196712 |
Peach 48 |
|
239712 |
|
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|
IMC 196713 |
Peach 49 |
|
239713 |
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IMC 196714 |
Peach 50 |
|
239714 |
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IMC 196715 |
Peach 51 |
|
239715 |
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IMC 196716 |
Peach 52 |
|
239716 |
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IMC 196717 |
Peach 53 |
|
239717 |
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IMC 196718 |
Peach 54 |
|
239718 |
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IMC 196719 |
Peach 55 |
|
239719 |
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IMC 196720 |
Peach 56 |
|
239720 |
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IMC 196721 |
Peach 57 |
|
239721 |
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IMC 196722 |
Peach 58 |
|
239722 |
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IMC 196723 |
Peach 59 |
|
239723 |
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IMC 196724 |
Peach 60 |
|
239724 |
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IMC 196725 |
Peach 61 |
|
239725 |
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IMC 196726 |
Peach 62 |
|
239726 |
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IMC 196727 |
Peach 63 |
|
239727 |
|
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IMC 196728 |
Peach 64 |
|
239728 |
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IMC 196729 |
Peach 65 |
|
239729 |
|
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|
IMC 196730 |
Peach 66 |
|
239730 |
|
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|
IMC 196731 |
Peach 67 |
|
239731 |
|
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IMC 196732 |
Peach 68 |
|
239732 |
|
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|
IMC 196733 |
Peach 69 |
|
239733 |
|
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|
IMC 196734 |
Peach 70 |
|
239734 |
|
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|
IMC 196735 |
TS 12 |
|
239743 |
|
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|
IMC 196677 |
TS 13 |
|
239744 |
|
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|
IMC 196678 |
TS 14 |
|
239745 |
|
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|
IMC 196679 |
TS 15 |
|
239746 |
|
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|
IMC 196680 |
TS 16 |
|
239747 |
|
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|
IMC 196681 |
TS 17 |
|
239748 |
|
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|
IMC 196682 |
TS 18 |
|
239749 |
|
|
|
IMC 196683 |
TS 18X |
|
239750 |
|
|
|
IMC 196684 |
TS 19 |
|
239751 |
|
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|
IMC 196685 |
TS 19X |
|
239752 |
|
|
|
IMC 196686 |
TS 20 |
|
239753 |
|
|
|
IMC 196687 |
TS 21 |
|
239754 |
|
|
|
IMC 196688 |
TS 22 |
|
239755 |
|
|
|
IMC 196689 |
TS 23 |
|
239756 |
|
|
|
IMC 196690 |
TS 24 |
|
239757 |
|
|
|
IMC 196691 |
Claim Name |
|
Recording |
|
AMENDED |
|
BLM Serial No. |
TS 25 |
|
239758 |
|
|
|
IMC196692 |
TS 26 |
|
239759 |
|
|
|
IMC 196693 |
TS 27 |
|
239760 |
|
|
|
IMC 196694 |
TS 28 |
|
239761 |
|
|
|
IMC 196695 |
TS 29 |
|
239762 |
|
|
|
IMC 196696 |
EXT 1 |
|
240088 |
|
|
|
IMC 198362 |
EXT 2 |
|
240089 |
|
|
|
IMC 198363 |
EXT 3 |
|
240090 |
|
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|
IMC 198364 |
EXT 4 |
|
240091 |
|
|
|
IMC 198365 |
EXT 5 |
|
240092 |
|
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|
IMC 198366 |
EXT 6 |
|
240093 |
|
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|
IMC 198367 |
EXT 7 |
|
240094 |
|
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|
IMC 198368 |
EXT 8 |
|
240095 |
|
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|
IMC 198369 |
EXT 9 |
|
240096 |
|
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|
IMC 198370 |
EXT 10 |
|
240097 |
|
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|
IMC 198371 |
EXT 11 |
|
240098 |
|
|
|
IMC 198372 |
EXT 12 |
|
240099 |
|
|
|
IMC 198373 |
EXT 13 |
|
240100 |
|
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|
IMC 198374 |
EXT 14 |
|
240101 |
|
|
|
IMC 198375 |
EXT 15 |
|
240102 |
|
|
|
IMC 198376 |
EXT 16 |
|
240103 |
|
|
|
IMC 198377 |
EXT 17 |
|
240104 |
|
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|
IMC 198378 |
EXT 18 |
|
240105 |
|
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|
IMC 198379 |
EXT 19 |
|
240106 |
|
|
|
IMC 198380 |
EXT 20 |
|
240107 |
|
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|
IMC 198381 |
EXT 21 |
|
240108 |
|
|
|
IMC 198382 |
EXT 22 |
|
240109 |
|
|
|
IMC 198383 |
EXT 23 |
|
240110 |
|
|
|
IMC 198384 |
EXT 24 |
|
240111 |
|
|
|
IMC 198385 |
EXT 25 |
|
240112 |
|
|
|
IMC 198386 |
EXT 26 |
|
240113 |
|
|
|
IMC 198387 |
EXT 27 |
|
240114 |
|
|
|
IMC 198388 |
EXT 28 |
|
240115 |
|
|
|
IMC 198389 |
EXT 29 |
|
240116 |
|
|
|
IMC 198390 |
EXT 30 |
|
240117 |
|
|
|
IMC 198391 |
EXT 31 |
|
240118 |
|
|
|
IMC 198392 |
EXT 32 |
|
240119 |
|
|
|
IMC 198393 |
EXT 33 |
|
240120 |
|
|
|
IMC 198394 |
EXT 34 |
|
240121 |
|
|
|
IMC 198395 |
EXT 35 |
|
240122 |
|
|
|
IMC 198396 |
EXT 36 |
|
240123 |
|
|
|
IMC 198397 |
EXT 37 |
|
240124 |
|
|
|
IMC 198398 |
EXT 38 |
|
240125 |
|
|
|
IMC 198399 |
EXT 39 |
|
240126 |
|
|
|
IMC 198400 |
EXT 40 |
|
240127 |
|
|
|
IMC 198401 |
EXT 41 |
|
240128 |
|
|
|
IMC 198402 |
EXT 42 |
|
240129 |
|
|
|
IMC 198403 |
EXT 43 |
|
240130 |
|
|
|
IMC 198404 |
EXT 44 |
|
240131 |
|
|
|
IMC 198405 |
EXT 45 |
|
240132 |
|
|
|
IMC 198406 |
Claim Name |
|
Recording |
|
AMENDED |
|
BLM Serial No. |
EXT 46 |
|
240133 |
|
|
|
IMC 198407 |
EXT 47 |
|
240134 |
|
|
|
IMC 198408 |
EXT 48 |
|
240135 |
|
|
|
IMC 198409 |
EXT 49 |
|
240136 |
|
|
|
IMC 198410 |
EXT 50 |
|
240137 |
|
|
|
IMC 198411 |
EXT 51 |
|
240138 |
|
|
|
IMC 198412 |
EXT 52 |
|
240139 |
|
|
|
IMC 198413 |
EXT 53 |
|
240140 |
|
|
|
IMC 198414 |
EXT 54 |
|
240141 |
|
|
|
IMC 198415 |
EXT 55 |
|
240142 |
|
|
|
IMC 198416 |
EXT 56 |
|
240143 |
|
|
|
IMC 198417 |
EXT 57 |
|
240144 |
|
|
|
IMC 198418 |
EXT 58 |
|
240145 |
|
|
|
IMC 198419 |
EXT 59 |
|
240146 |
|
|
|
IMC 198420 |
EXT 60 |
|
240147 |
|
|
|
IMC 198421 |
EXT 61 |
|
240148 |
|
|
|
IMC 198422 |
EXT 62 |
|
240149 |
|
|
|
IMC 198423 |
EXT 63 |
|
240150 |
|
|
|
IMC 198424 |
EXT 64 |
|
240151 |
|
|
|
IMC 198425 |
EXT 65 |
|
240152 |
|
|
|
IMC 198426 |
EXT 66 |
|
240153 |
|
|
|
IMC 198427 |
EXT 67 |
|
240154 |
|
|
|
IMC 198428 |
EXT 68 |
|
240155 |
|
|
|
IMC 198429 |
EXT 69 |
|
240156 |
|
|
|
IMC 198430 |
EXT 70 |
|
240157 |
|
|
|
IMC 198431 |
EXT 71 |
|
240158 |
|
|
|
IMC 198432 |
EXT 72 |
|
240159 |
|
|
|
IMC 198433 |
EXT 73 |
|
240160 |
|
|
|
IMC 198434 |
EXT 74 |
|
240161 |
|
|
|
IMC 198435 |
EXT 75 |
|
240162 |
|
|
|
IMC 198436 |
EXT 76 |
|
240163 |
|
|
|
IMC 198437 |
EXT 77 |
|
240164 |
|
|
|
IMC 198438 |
EXT 78 |
|
240165 |
|
|
|
IMC 198439 |
EXT 79 |
|
240166 |
|
|
|
IMC 198440 |
EXT 80 |
|
240167 |
|
|
|
IMC 198441 |
EXT 81 |
|
240168 |
|
|
|
IMC 198442 |
EXT 82 |
|
240169 |
|
|
|
IMC 198443 |
EXT 83 |
|
240170 |
|
|
|
IMC 198444 |
EXT 84 |
|
240171 |
|
|
|
IMC 198445 |
EXT 85 |
|
240172 |
|
|
|
IMC 198446 |
EXT 86 |
|
240173 |
|
|
|
IMC 198447 |
EXT 87 |
|
240174 |
|
|
|
IMC 198448 |
EXT 88 |
|
240175 |
|
|
|
IMC 198449 |
EXT 89 |
|
240176 |
|
|
|
IMC 198450 |
EXT 90 |
|
240177 |
|
|
|
IMC 198451 |
EXT 91 |
|
240178 |
|
|
|
IMC 198452 |
EXT 92 |
|
240179 |
|
|
|
IMC 198453 |
EXT 93 |
|
240180 |
|
|
|
IMC 198454 |
EXT 94 |
|
240181 |
|
|
|
IMC 198455 |
EXT 95 |
|
240182 |
|
|
|
IMC 198456 |
Claim Name |
|
Recording |
|
AMENDED |
|
BLM Serial No. |
EXT 96 |
|
240183 |
|
|
|
IMC 198457 |
EXT 97 |
|
240184 |
|
|
|
IMC 198458 |
EXT 98 |
|
240185 |
|
|
|
IMC 198459 |
EXT 99 |
|
240186 |
|
|
|
IMC 198460 |
EXT 100 |
|
240187 |
|
|
|
IMC 198461 |
EXT 101 |
|
240188 |
|
|
|
IMC 198462 |
EXT 102 |
|
240189 |
|
|
|
IMC 198463 |
EXT 103 |
|
240190 |
|
|
|
IMC 198464 |
EXT 104 |
|
240191 |
|
|
|
IMC 198465 |
EXT 105 |
|
240192 |
|
|
|
IMC 198466 |
EXT 106 |
|
240193 |
|
|
|
IMC 198467 |
EXT 107 |
|
240194 |
|
|
|
IMC 198468 |
Schedule E
Other Rights
I. Rights of Way and Easements
A. Bureau of Land Management Right of Way I-27080
The Right of Way granted is variable feet wide and 37,125 feet long containing 21.55 acres, m/l, covering the road access to the Mine and is located in;
Township 11 North, Range 16 East, Boise Meridian
Sections: 3, 4, 11, 12, 13, 14
Township 11 North, Range 17 East, Boise Meridian
Sections: 5, 6, 7, 8
B. Bureau of Land Management Right of Way 20155
The Right of Way granted is for a 69KV power line 13,720 feet long and 20 feet wide and is granted for a 30 inch buried water pipeline 14,140 feet long and 50 feet wide for a primary term of 50 years from January 31, 1983, and is located in;
Township 11 North, Range 16 East, Boise Meridian
Section 1: S/2S/2
Section 12: W/2
Section 13: NW/4, E/2
Section 24: NE/4
Section 25: E/2NE/4
C. Bureau of Land Management Right of Way I-15966
The Right of Way granted is for a 230 KV power line to the Thompson Creek Mine from Moore to Squaw Creek and then to Challis, Idaho. The power line is owned by Thompson Creek Mining Company and the BLM ROW is in the name of Salmon River Electric Association with the annual fee reimbursed each year by the Mine.
D. State of Idaho Easement 5081
State of Idaho Easement granted for the purpose of constructing, using and maintaining a buried infiltration bed water intake system located in Township 11 North, Range 16 East, B.M., Section 25: Fraction beginning at the East one quarter corner.
This Easement is subject to State of Idaho Easement 4966 to Cyprus Mines Corporation for the Getty Bridge.
E. State of Idaho Easement 4966
State of Idaho Easement granted for the purpose of constructing and maintaining a bridge known as the Getty Creek Bridge located in Township 11 North, Range 16 East, B.M., Section 25: a strip of land 50 feet wide.
F. State of Idaho Easement 4983
State of Idaho Easement granted for the construction, use and maintenance of a road located in Township 11 North, Range 17 East, B.M., Section 16: a 50 foot wide easement beginning in the S/4 corner of the Section.
G. State of Idaho Easement 4967
State of Idaho Easement 4967 granted for the construction, use and maintenance of a bridge located in Township 11 North, Range 17 East, B.M., Section 27.
H. U. S. Forest Service Special Use Permit 2720 - Water
U.S. Forest Service Special Use Permit granted for constructing and maintaining a buried 30 inch diameter or less water transmission line over a length of 6,260 feet by 50 feet wide and located in Township 11 North, Range 16 East, B.M., Sections 13, 24 and 25.
I. U. S. Forest Service Special Use Permit 2720 - Power
U. S. Forest Service Special Use Permit granted for the construction, operation and maintenance of a 69/24.9 KV transmission line covering a length of 5920 feet by 20 feet wide located in Township 11 North, Range 16 East, B.M., Sections 15, 24 and 25.
II. Contracts Affecting Real Property
A. Power Supply Agreement
Amendment No. 3 to Agreement for Electric Service between Salmon River Electric Cooperative, Inc., and Cyprus Thompson Creek Mining Company, a wholly owned subsidiary of Thompson Creek Metals, dated August 15, 2002.
Schedule F
Water Rights
I. Water Right No. 72-00048
Name of Owner |
|
Cyprus Thompson Creek Mining Co. |
|
|
|
Source |
|
Garden Creek, tributary to the Salmon River |
|
|
|
Quantity |
|
2.60 cfs |
|
|
|
Priority Date |
|
May 15, 1901 |
|
|
|
Point(s) of Diversion |
|
T14N, R19E, S32, NE of NW of NW (Custer County); T14N, R19E, S32, NW of NW of NW (Custer County) |
|
|
|
Purpose of Use |
|
Irrigation |
|
|
|
Period of Use |
|
April 1 to November 1 |
|
|
|
Place of Use |
|
T14N, R19E, S33, NE of SE (13.0 acres in Custer County); T14N, R19E, S33, NW of SE (12.0 acres in Custer County); T14N, R19E, S33, SW of SE (18.0 acres in Custer County); T14N, R19E, S33, SE of SE (29.0 acres in Custer County); T14N, R19E, S34, NW of SW (8.0 acres in Custer County); T14N, R19E, S34, SW of SW (10.0 acres in Custer County) |
|
|
|
How Obtained |
|
Decreed February 15, 2000 |
|
|
|
Other Conditions |
|
Use of this water right, combined with Water Right Nos. 72-00051 B, 72-00051 L, and 72-00051N, is limited to the irrigation of a combined total of 90 acres in a single irrigation season. |
II. Water Right No. 72-00051B
Name of Owner |
|
Cyprus Thompson Creek Mining Co. |
|
|
|
Source |
|
Garden Creek, tributary to the Salmon River |
|
|
|
Quantity |
|
0.38 cfs |
|
|
|
Priority Date |
|
May 15, 1880 |
Point(s) of Diversion |
|
T14N, R19E, S32, NE of NW of NW (Custer County); T14N, R19E, S32, NW of NW of NW (Custer County) |
|
|
|
Purpose of Use |
|
Irrigation |
|
|
|
Period of Use |
|
April 1 to November 1 |
|
|
|
Place of Use |
|
T14N, R19E, S33, NE of SE (13.0 acres in Custer County); T14N, R19E, S33, NW of SE (12.0 acres in Custer County); T14N, R19E, S33, SW of SE (18.0 acres in Custer County); T14N, R19E, S33, SE of SE (29.0 acres in Custer County); T14N, R19E, S34, NW of SW (8.0 acres in Custer County); T14N, R19E, S34, SW of SW (10.0 acres in Custer County) |
|
|
|
How Obtained |
|
Decreed February 10, 2000 |
|
|
|
Other Conditions |
|
Use of this water right, combined with Water Right Nos. 72-00048, 72-00051L, and 72-00051N, is limited to the irrigation of a combined total of 90 acres in a single irrigation season. |
III. Water Right No. 72-00051L
Name of Owner |
|
Cyprus Thompson Creek Mining Co. |
|
|
|
Source |
|
Garden Creek, tributary to the Salmon River |
|
|
|
Quantity |
|
0.19 cfs |
|
|
|
Priority Date |
|
May 15, 1880 |
|
|
|
Point(s) of Diversion |
|
T14N, R19E, S32, NE of NW of NW (Custer County); T14N, R19E, S32, NW of NW of NW (Custer County) |
|
|
|
Purpose of Use |
|
Irrigation |
|
|
|
Period of Use |
|
April 1 to November 1 |
|
|
|
Place of Use |
|
T14N, R19E, S33, NE of SE (13.0 acres in Custer County); T14N, R19E, S33, NW of SE (12.0 acres in Custer County); T14N, R19E, S33, SW of SE (18.0 acres in Custer County); T14N, R19E, S33, SE of SE (29.0 acres in Custer County); T14N, R19E, S34, NW of SW (8.0 acres in Custer County); T14N, R19E, S34, SW of SW (10.0 acres in Custer County) |
How Obtained |
|
Decreed February 10, 2000 |
|
|
|
Other Conditions |
|
Use of this water right, combined with Water Right Nos. 72-00048, 72- 00051B, and 72-00051 N, is limited to the irrigation of a combined total of 90 acres in a single irrigation season. |
IV. Water Right No. 72-00051N
Name of Owner |
|
Cyprus Thompson Creek Mining Co. |
|
|
|
Source |
|
Garden Creek, tributary to the Salmon River |
|
|
|
Quantity |
|
0.30 cfs |
|
|
|
Priority Date |
|
May 15, 1880 |
|
|
|
Point(s) of Diversion |
|
T14N, R19E, S32, NE of NW of NW (Custer County); T14N, R19E, S32, NW of NW of NW (Custer County) |
|
|
|
Purpose of Use |
|
Irrigation |
|
|
|
Period of Use |
|
April 1 to November 1 |
|
|
|
Place of Use |
|
T14N, R19E, S33, NE of SE (13.0 acres in Custer County); T14N, R19E, S33, NW of SE (12.0 acres in Custer County); T14N, R19E, S33, SW of SE (18.0 acres in Custer County); T14N, R19E, S33, SE of SE (29.0 acres in Custer County); T14N, R19E, S34, NW of SW (8.0 acres in Custer County); T14N, RI9E, S34, SW of SW (10.0 acres in Custer County) |
|
|
|
How Obtained |
|
Decreed February 10, 2000 |
|
|
|
Other Conditions |
|
Use of this water right, combined with Water Right Nos. 72-00048, 72- 00051B, and 72-00051L, is limited to the irrigation of a combined total of 90 acres in a single irrigation season. |
V. Water Right No. 72-00133
Name of Owner |
|
Thompson Creek Mining Co. |
|
|
|
Source |
|
Squaw Creek, tributary to the Salmon River |
Quantity |
|
2.00 cfs |
|
|
|
Priority Date |
|
April 1, 1882 |
|
|
|
Point(s) of Diversion |
|
T11N, R17E, S16, SW of NE of SW (Custer County) |
|
|
|
Purpose of Use |
|
Irrigation |
|
|
|
Period of Use |
|
April 1 to October 31 |
|
|
|
Place of Use |
|
T11N, R17E, S16, SE of SW (15.0 acres in Custer County); T11N, R17E, S16, SW of SE (6.0 acres in Custer County); T11N, R17E, S21, NW of NE (18.0 acres in Custer County); T11N, R17E, S21, SW of NE (5.0 acres in Custer County) |
|
|
|
How Obtained |
|
Decreed February 10, 2000 |
VI. Water Right No. 72-00135
Name of Owner |
|
Thompson Creek Mining Co. |
|
|
|
Source |
|
Salmon River, tributary to the Snake River |
|
|
|
Quantity |
|
0.79 cfs |
|
|
|
Priority Date |
|
June 1, 1887 |
|
|
|
Point(s) of Diversion |
|
T11N, R17E, S27, Lot 9, NE of SW (Custer County) |
|
|
|
Purpose of Use |
|
Irrigation |
|
|
|
Period of Use |
|
April 1 to October 31 |
|
|
|
Place of Use |
|
T11N, R17E, S27, Lot 09, NE of SW (1.0 acres in Custer County); T11N, R17E, S27, Lot 09, NW of SW (7.5 acres in Custer County); T11N, R17E, S27, Lot 09, SW of SW (0.8 acres in Custer County); T11N, R17E, S28, NE of SE (1.7 acres in Custer County) |
|
|
|
How Obtained |
|
Decreed February 10, 2000 (transfer application approved March 20, 2000) |
VII. Water Right No. 72-00136
Name of Owner |
|
Thompson Creek Mining Co. |
|
|
|
Source |
|
Squaw Creek, tributary to the Salmon River |
|
|
|
Quantity |
|
2.59 cfs |
|
|
|
Priority Date |
|
June 1, 1887 |
|
|
|
Point(s) of Diversion |
|
T11N, R17E, S21, NE of SW of SE (Custer County) |
|
|
|
Purpose of Use |
|
Irrigation |
|
|
|
Period of Use |
|
April 1 to October 31 |
|
|
|
Place of Use |
|
T11N, R17E, S21, NW of SE (0.6 acres in Custer County); T11N, R17E, S21, SW of SE (1.8 acres in Custer County); T11N, RI7E, S21, SE of SE (7.1 acres in Custer County); T11N, R17E, S28, NE of NE (11.0 acres in Custer County); TI IN, R17E, S28, SE of NE (13.0 acres in Custer County); T1 IN, R17E, S28, NE of SE (2.5 acres in Custer County) |
|
|
|
How Obtained |
|
Decreed February 15, 2000 |
VIII. Water Right No. 72-00137
Name of Owner |
|
Thompson Creek Mining Co. |
|
|
|
Source |
|
Squaw Creek, tributary to the Salmon River |
IX. Water Right No. 72-04159F
Name of Owner |
|
Thompson Creek Mining Co. |
|
|
|
Source |
|
Thompson Creek, tributary to the Salmon River |
|
|
|
Quantity |
|
0.03 cfs |
|
|
|
Priority Date |
|
June 18, 1888 |
|
|
|
Point(s) of Diversion |
|
T11N, R16E, S25, NE of SE of NE (Custer County) |
|
|
|
Purpose of Use |
|
Irrigation |
Period of Use |
|
April 1 to October 31 |
|
|
|
Place of Use |
|
T11N, R16E, S25, NE of SE (1.1 acres in Custer County) |
|
|
|
How Obtained |
|
Decreed December 1, 2000 |
X. Water Right No. 72-07193
Name of Owner |
|
Thompson Creek Mining Co. |
|
|
|
Source |
|
Buckskin Creek, tributary to Thompson Creek; Pat Hughes Creek, tributary to Thompson Creek Salmon River, tributary to the Snake River Spring, tributary to Buckskin Creek |
|
|
|
Quantity |
|
20.89 cfs (1600.00 afy) |
|
|
|
Priority Date |
|
June 16, 1982 |
|
|
|
Point(s) of Diversion |
|
Buckskin Creek: T11N, R16E, S04, SW of NE of SE (Custer County); Spring: T11N, R16E, S04, SE of NW of SE (Custer County); Spring: T11N, R16E, S04, SE of NW of SE (Custer County); Pat Hughes Creek: T11N, R16E, S11, SE of NE of SW (Custer County); Salmon River: T11N, R16E, S25, Lot 5, NE of SE of SE (Custer County) |
|
|
|
Purpose of Use |
|
Industrial (20.89 cfs); Industrial storage (1600.00 afy); Industrial from storage (1600.00 afy)(1) |
|
|
|
Period of Use |
|
January 1 to December 31 |
|
|
|
Place of Use |
|
Industrial: T11N, R16E, S12, NE of NE (Custer County); Industrial: T11N, R16E, S12, NW of NE (Custer County); Industrial storage: T11N, R16E, S0I, Lot 1, NE of NE (Custer County); Industrial storage: T11N, R16E, S01, Lot 2, NW of NE (Custer County); Industrial storage: T11N, R16E, S04, NE of SE (Custer County); Industrial storage: T11N, R16E, S11, NE of SW (Custer County); Industrial storage: T11N, R17E, S06, NW of NE (Custer County); Industrial storage: T11N, R17E, S06, NE of NW (Custer County); Industrial storage: T12N, R16E, S25, SW of SE (Custer County); Industrial storage: T12N, R16E, S36, NE of NE (Custer County); Industrial storage: T12N, R16E, S36, NW of NE (Custer County); Industrial |
(1) It appears that the place of use for industrial storage and that for industrial from storage may have been transposed in the Departments records.
|
|
storage: T12N, R16E, S36, SW of NE (Custer County); Industrial storage: T12N, R16E, S36, SE of NE (Custer County); Industrial storage: T12N, R16E, S36, NE of SW (Custer County); Industrial storage: T12N, R16E, S36, SE of SW (Custer County); Industrial storage: T12N, R16E, S36, NE of SE (Custer County); Industrial storage: T12N, R16E, S36, NW of SE (Custer County); Industrial storage: T12N, R16E, S36, SW of SE (Custer County); Industrial storage: T12N, R16E, S36, SE of SE (Custer County); Industrial storage: T12N, R17E, S31, SW of NW (Custer County); Industrial storage: T12N, R17E, S31, NE of SW (Custer County); Industrial storage: T12N, R17E, S31, NW of SW (Custer County); Industrial storage: T12N, R17E, S31, SW of SW (Custer County); Industrial from storage: T11N, R16E, S12, NE of NE (Custer County); Industrial from storage: T11N, R16E, S12, NW of NE (Custer County) |
|
|
|
How Obtained |
|
Decreed August 8, 2001 (transfer application approved February 16, 2005) |
|
|
|
Other Conditions |
|
Use of this right with Water Right No. 72-07257 is limited to a total combined annual diversion volume of 2,916 acre-feet. At no time shall more than 20.89 cfs be diverted at any instant from the multiple points of diversion. In addition, the following limits shall apply to each point of diversion: Buckskin Creek (8.0 cfs), Pat Hughes Creek (11.0 cfs), springs tributary to Buckskin Creek (0.20 cfs), Salmon River (20.89 cfs). Place of use for this water right does not include federal public lands. |
XI. Water Right No. 72-07219
Name of Owner |
|
Thompson Creek Mining Co. |
|
|
|
Source |
|
Ground Water |
|
|
|
Quantity |
|
0.11 cfs (11.20 afy) |
|
|
|
Priority Date |
|
November 26, 1982 |
|
|
|
Point(s) of Diversion |
|
T11N, R16E, S12, NW of NE (Custer County) |
|
|
|
Purpose of Use |
|
Domestic |
Period of Use |
|
January 1 to December 31 |
|
|
|
Place of Use |
|
T11N, R16E, S12, NE of NE (Custer County); T11N, R16E, S12, NW of NE (Custer County) |
|
|
|
How Obtained |
|
Decreed November 13, 2001 |
|
|
|
Other Conditions |
|
Place of use does not include federal public lands. |
XII. Water Right No. 72-07220
Name of Owner |
|
Cyprus Thompson Creek Mining Co. |
|
|
|
Source |
|
Ground water |
|
|
|
Quantity |
|
0.20 cfs (24.00 afy) |
|
|
|
Priority Date |
|
November 26, 1982 |
|
|
|
Point(s) of Diversion |
|
TI IN, R16E, S02, SE of SW of NE (Custer County) |
|
|
|
Purpose of Use |
|
Industrial: 0.07 cfs (14.00 afy); Domestic: 0.16 cfs (10.00 afy) |
|
|
|
Period of Use |
|
January 1 to December 31 |
|
|
|
Place of Use |
|
Industrial: T11N, R16E, S02, SW of NE (Custer County); Industrial: T11N, R16E, S02, SE of NE (Custer County); Domestic: T11N, RI6E, S02, SW of NE (Custer County); Domestic: T11N, RI6E, S02, SE of NE (Custer County) |
|
|
|
How Obtained |
|
Decreed February 10, 2000 |
|
|
|
Other Conditions |
|
The use of water for domestic and industrial purposes within T11N, R16E, S02 is limited to the western half of the SE of NE, the NE of SW of NE, and the eastern half of the SE of SW of NE. |
XIII. Water Right No. 72-07257
Name of Owner |
|
Cyprus Thompson Creek Mining |
|
|
|
Source |
|
Bruno Creek, tributary to Squaw Creek |
|
|
|
Quantity |
|
9.62 cfs (1600.00 afy) |
Priority Date |
|
March 11 , 1983 |
|
|
|
Point(s) of Diversion |
|
T12N, R16E, S25, SE of NE of SW (Custer County) |
|
|
|
Purpose of Use |
|
Industrial (9.62 cfs); Industrial storage (1600.00 afy); Industrial from storage (1600.00 afy) |
|
|
|
Period of Use |
|
January 1 to December 31 |
|
|
|
Place of Use |
|
T11N, R16E, S12, NE of NE (Custer County); T11N, R16E, S12, NW of NE (Custer County) |
|
|
|
How Obtained |
|
Decreed August 13, 2001 |
|
|
|
Other Conditions |
|
Use of this right with Water Right No. 72-07193 is limited to a total combined annual volume of 2,916 acre-feet. Place of use does not include federal public lands. |
XIV. Water Right No. 72-07414
Name of Owner |
|
Thompson Creek Mining Co. |
|
|
|
Source |
|
Ground water |
|
|
|
Quantity |
|
1.11 cfs (803.60 afy) |
|
|
|
Priority Date |
|
July 28, 1988 |
|
|
|
Point(s) of Diversion |
|
T11N, R16E, S02, SW of NW (Custer County) |
|
|
|
Purpose of Use |
|
Industrial |
|
|
|
Period of Use |
|
January 1 to December 31 |
|
|
|
Place of Use |
|
T11N, R16E, S12, NW of NE |
|
|
|
How Obtained |
|
Decreed August 8, 2001(2) |
|
|
|
Other Conditions |
|
This water right, when combined with Water Right Nos. 72-07193 and 72-07257 is limited to a total combined annual diversion volume of 3,108.0 afy. |
(2) Current Department records reflect that this water right was decreed on August 13, 2001. However, the original decree reflects that this water right was decreed on August 8, 2001.
XV. Water Right No. 72-10488
Name of Owner |
|
Thompson Creek Mining Co. |
|
|
|
Source |
|
Salmon River, tributary to the Snake River |
|
|
|
Quantity |
|
0, 31 cfs (18.00 afy) |
|
|
|
Priority Date |
|
May 24, 1888 |
|
|
|
Point(s) of Diversion |
|
T11N, R16E, S25, Lot 06, SE of SE (Custer County) |
|
|
|
Purpose of Use |
|
Irrigation |
|
|
|
Period of Use |
|
April 1 to October 31 |
|
|
|
Place of Use |
|
T11N, R16E, S25, Lot 06, SE of SE (6.0 acres in Custer County) |
|
|
|
How Obtained |
|
Decreed November 17, 2000 |
XVI. Water Right No. 72-07551
Name of Owner |
|
Thompson Creek Mining Co. |
|
|
|
Proposed Priority |
|
July 31, 1997 |
|
|
|
Source |
|
Ground water |
|
|
|
Use |
|
Irrigation |
|
|
|
Period of Use |
|
May 1 to September 30 |
|
|
|
Rate of diversion |
|
0.16 cfs |
|
|
|
Location of diversion |
|
T11N, R16E, S25, Lot 6, SE of SE (Custer County) |
|
|
|
Place of Use |
|
T11N, R16E, S25, Lot 6, SE of SE (8.0 acres in Custer County) |
XVII. Water Right No. 72-07573 (Pending Application to Appropriate Water)
Name of Owner |
|
Thompson Creek Mining Co. |
|
|
|
Proposed Priority |
|
July 22, 1999 |
Source |
|
Ground water |
|
|
|
Use |
|
Industrial |
|
|
|
Period of use |
|
January 1 to December 31 |
|
|
|
Rate of diversion |
|
1.50 cfs |
|
|
|
Location of diversion/Place of Use |
|
T11N, R16E, S02, SW of NW (Custer County) T11N, R16E, S12, NE of NE (Custer County) T11N, R16E, S12, NW of NE (Custer County) |
Schedule G
Permits
1. USDA Forest Service/USDI Bureau of Land Management Approval of Mine Plan of Operations (POO) No. ID-040-1-02, dated April 15, 1981).
2. Reclamation Plan RP655, dated November 12, 1980, as approved by the Idaho Department of Lands, and Consolidated Reclamation Plan, dated August 1999, which represents a consolidation of previously approved reclamation measures to support cost estimate updates of the reclamation plan.
3. U.S. Environmental Protection Agency (Region X), NPDES Permit No. ID-002540-2, dated effective January 28, 2002, covering Outfalls 001 (Buckskin waste rock dump), 002 (Pat Hughes waste rock dump), 003 (stormwater/BMPs), 004 (tailings impoundment by pipeline to Squaw Creek), and 005 (Salmon River). A permit renewal application was sent to EPA on or about July 27, 2006.
4. Idaho Department of Environmental Quality, Evaluation of Proposed New Point Source Discharges to a Special Resource Water and Mixing Zone Determinations: Thompson Creek Mine Facility, Upper Salmon River Subbasin Idaho (IDEQs 401 Certification), dated December 2000.
5. Best Management Practices Plan for Pollution Protection, submitted pursuant to the NPDES permit, dated March 17, 2003.
6. Quality Assurance Project Plan, submitted pursuant to the NPDES permit, dated February 2002.
7. Idaho Department of Environmental Quality, Tier II Air Operating Permit No. 37-00001, dated March 3, 2008 and modified on January 27, 2009. This permit will expire on March 3, 2013.
8. Consolidated Environmental Monitoring Program Plan, dated December 2009, prepared by Thompson Creek Mining Company.
9. Idaho Department of Water Resources Dam Construction, Dam Safety and Stream Alteration Permits for the: (a) tailings impoundment, seepage return dam, sediment dam located in the Bruno Creek drainage (Dam Safety and Storage Permit No. D72-7257A); (b) Pat Hughes Creek sediment dam; and (c) Buckskin Creek sediment dam.
10. The following permits were issued in connection construction of the pipeline along the Thompson Creek Road: (a) Amendment to Right-of-Way Grant IDI-20155, dated December 17, 2004, issued by the USDI Bureau of Land Management; (b) authorization for placement of dredged or fill material pursuant to Nationwide Permits 3 and 12, dated November 10, 2004, NWW No. 042100119, issued by the U.S. Corps of Engineers; and (3) Construction General Permit No. IDR100000 (Project Tracking No. IDR10AH75), September 29, 2004, issued by the U.S. Environmental Protection Agency.
11. The following permits were issued in connection construction of the pipeline located in the Bruno Creek drainage: (a) approval of minor modification consistent with the surface management plan of operations, dated December 2, 2005, issued by the USDI Bureau of Land Management; (b) authorization for placement of dredged or fill material pursuant to Nationwide Permits 12, dated July 11, 2006, NWW No. 063300156, issued by the U.S. Corps of Engineers; and (3) Construction General Permit No. IDR100000 (Project Tracking No. IDR10B651), October 6, 2006, issued by the U.S. Environmental Protection Agency.
12. Three licenses issued by the Federal Communications Commission: Call Sign KA83034 (granted and effective June 24, 2005); Call Sign KNAX240 (granted and effective August 17, 2005); and Call Sign WPQA210 (granted and effective March 31, 2005);
13. Idaho District Seven Health Department - Conditional Use Permit for Solid Waste Management Site, dated October 10. 1980.
14. Water Right Licenses, as amended, for Water Right 72-7193 (decreed August 8, 2001), Water Right No. 72-07257 (dated January 6, 1989), Amended Water Right No. 72-07414 (dated April 16, 2001), Amended Transfer of Water Right No. 71264.
15. Blasting Permit No. 9-ID-037-33-7E-90210, issued by the U.S. Department of the Treasury Bureau of Alcohol, Tobacco, Firearms and Explosives.
16. U.S. Environmental Protection Agency, Hazardous Waste Generator Identification No. IDD000756874.
17. USDI Bureau of Land Management Special Use Permit No. I-20155 for a power line and buried water line along Thompson Creek.
18. USDA Forest Service Special Use Permit No. I-2720 for a power line and buried water line along Thompson Creek.
19. USDI Bureau of Land Management Special Use Permit No. I-6292 for a power line along Bruno Creek.
20. USDI Bureau of Land Management Exclusive Use Right-of-Way for Access Road No. I-27080.
21. USDI Bureau of Land Management Easement No. I-15966 for a power line from the Spar Canyon Substation to the South Butte Substation.
22. USDA Forest Service, Unilateral Administrative Order for Conduct of Engineering Evaluation/Cost Analysis, and Statement of Work, dated November 8, 2005.
23. USDI Bureau of land Management Minor Modification, Relocation of Segment of Power line, Relocation of a Segment of the Tailings Access Road and Associated Pipelines, approved May 28, 2010.
24. USDI Bureau of Land Management Minor Modification, Construction of a Waste Rock Facility that would Stockpile Type 1 Waste Martial Adjacent to the Pat Hughes Waste Rock Facility for Future Reclamation, approved August 24, 2010.
Schedule 6
Section 7(b) Information
We have been advised by the underwriters that the underwriters propose to offer the notes to the public at the public offering price set forth on the cover of this prospectus supplement. After the initial public offering, the underwriters may change the offering price and other selling terms. The underwriters may offer and sell notes through certain of their affiliates.
The underwriters may make a market in the notes, but will not be obligated to do so and may discontinue market making activities at any time without notice.
In connection with the offering, the underwriters may purchase and sell notes in the open market. These transactions may include short sales, stabilizing transactions and purchases to cover positions created by short sales. Short sales involve the sale by the underwriters of a greater number of notes than they are required to purchase in the offering. Stabilizing transactions consist of certain bids or purchases made for the purpose of preventing or retarding a decline in the market price of the notes while the offering is in progress.
These activities by the underwriters, as well as other purchases by the underwriters for their own account, may stabilize, maintain or otherwise affect the market price of the notes. As a result, the price of the notes may be higher than the price that otherwise might exist in the open market. If these activities are commenced, they may be discontinued by the underwriters at any time. These transactions may be effected in the over-the-counter market or otherwise.
Schedule 7
Subsidiaries
Cyprus Thompson Creek Mining Company, a Nevada corporation
Long Creek Mining Company, a Nevada corporation
Langeloth Metallurgical Company LLC, a Colorado limited liability company
Thompson Creek Metals Company USA, a Colorado corporation
Thompson Creek Mining Co., a Colorado corporation
Berg General Partner Corp., a British Columbia, Canada corporation
Berg Metals Limited Partnership, a British Columbia, Canada limited partnership
Blue Pearl Mining Inc., a British Columbia, Canada corporation
Terrane Metals Corp., a British Columbia, Canada corporation
Thompson Creek Services ULC, a British Columbia, Canada unlimited liability company
Thompson Creek Mining Ltd, a Yukon, Canada corporation
Highlands Ranch, LLC, a Colorado limited liability company
Howards Pass General Partner Corp., a British Columbia, Canada corporation
Howards Pass Metals Limited Partnership, a British Columbia, Canada limited partnership
Maze Lake General Partner Corp., a British Columbia, Canada corporation
Maze Lake Metals Limited Partnership, a British Columbia, Canada limited partnership
Mt. Emmons Moly Company, a Colorado corporation
Thompson Creek UK Limited, a United Kingdom corporation
Annex A
Additional Time of Sale Information
1. Free Writing Prospectus containing certain changes to the Description of Notes in the Preliminary Prospectus Supplement and filed on November 16, 2012.
2. Term sheet containing the terms of the securities, substantially in the form of Annex B.
Annex B
Thompson Creek Metals Company Inc.
Pricing Term Sheet
Pricing Term Sheet Dated November 16, 2012 |
|
Filed pursuant to Rule 433 Issuer Free Writing Prospectus supplementing the Preliminary Prospectus Supplement dated November 13, 2012 and the Prospectus dated May 7, 2012 Registration No. 333-170232 |
Thompson Creek Metals Company Inc.
Pricing Term Sheet
$350,000,000 9.75% Senior Secured First Priority Notes due 2017
Issuer: |
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Thompson Creek Metals Company Inc. |
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|
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Distribution: |
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SEC registered |
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|
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Security Description: |
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9.75% Senior Secured First Priority Notes due 2017 |
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|
|
Aggregate Principal Amount: |
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$350,000,000 |
|
|
|
Gross Proceeds: |
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$346,766,000 |
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|
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Net Proceeds (Before Expenses): |
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$339,906,000 |
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Maturity: |
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December 1, 2017 |
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|
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Coupon: |
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9.75% |
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|
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Offering Price: |
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99.076% of principal amount |
|
|
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Yield to Maturity: |
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10.000% |
|
|
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Spread to Benchmark Treasury: |
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+939 bps |
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|
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Benchmark Treasury: |
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Treasury Rate 0.75% due 10/31/2017 |
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|
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Ratings*: |
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B1/B |
* A securities rating is not a recommendation to buy, sell or hold securities and may be subject to revision or withdrawal at any time.
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| |||
Interest Payment Dates: |
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Semi-annually on each February 1 and August 1, commencing February 1, 2013 | |||
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Optional redemption: |
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Make-whole call @ T+50 basis points prior to December 1, 2015, then: | |||
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| |||
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On or after: |
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Price: |
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|
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December 1, 2015 |
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104.875 |
% |
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December 1, 2016 and thereafter |
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100.000 |
% |
Equity Clawback: |
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Up to 35% at 109.750% plus accrued and unpaid interest until December 1, 2015 | |||
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|
| |||
Change of control: |
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Putable at 101% of principal amount thereof, plus accrued and unpaid interest | |||
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| |||
Other Changes: |
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The first paragraph under the heading Description of Other Indebtedness and Deferred RevenueDeferred RevenueGold Stream Arrangement is amended by adding at the end of the last sentence of the first paragraph , including the notes offered hereby. | |||
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The seventh paragraph under the heading Description of Other Indebtedness and Deferred RevenueDeferred RevenueGold Stream Arrangement is amended by adding to the end of the penultimate sentence thereof , such security interest, except for the security interest in the designated percentage of payable gold, being subordinated to the liens securing the notes offered hereby as described above.
The following sentence shall be added to the Underwriting section of the Preliminary Prospectus Supplement: In addition, we anticipate paying BBVA Securities Inc. a fee of $140,000 for advisory services in connection with the offering. BBVA Securities Inc. is not acting as an underwriter in this offering. | |||
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Trade Date: |
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November 16, 2012 | |||
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| |||
Settlement: |
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T+6 (November 27, 2012) | |||
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CUSIP: |
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884768 AF9
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ISIN: |
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US884768AF93
| |||
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Denominations/Multiple: |
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$2,000/$1,000 | |||
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Sole Book-Running Manager: |
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Deutsche Bank Securities Inc. |
Senior Co-Manager: |
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RBC Capital Markets LLC |
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Co-Managers: |
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SG Americas Securities, LLC Standard Bank Plc UBS Securities LLC |
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Trustee and U.S. Collateral Agent: |
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Wells Fargo Bank, National Association |
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Canadian Co-Trustee and Canadian Collateral Agent: |
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Valiant Trust Company |
The issuer has filed a registration statement (including a prospectus supplement and accompanying prospectus) with the SEC for the offering to which this communication relates. Before you invest, you should read the prospectus supplement and the accompanying prospectus in that registration statement and other documents the issuer has filed with the SEC for more complete information about the issuer and this offering. You may get these documents for free by visiting EDGAR on the SEC Web site at www.sec.gov. Alternatively, the issuer, any underwriter or any dealer participating in the offering will arrange to send you to the prospectus supplement and accompanying prospectus if you request it by telephone by calling Deutsche Bank Securities Inc. at (800) 503-4611, by email to prospectus.CPDG@db.com or by mail to Deutsche Bank Securities Inc., Attn.: Prospectus Group, 60 Wall Street, New York, NY 10005-2836.