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(c) Sufficient Funds. The Buyer will have at the Closing, cash on hand that is <br /> sufficient to enable it to consummate the Transactions, including to pay the Closing Payment to <br /> the Seller at the Closing. <br /> (d) Litigation; Decrees. There are no Actions, injunctions,judgments, orders <br /> or decrees pending or, to the knowledge of the Buyer, threatened which challenge or seek to <br /> enjoin or delay this Agreement or the Transactions or which would materially adversely affect <br /> the Buyer's ability to perform its obligations under this Agreement or any of the Transaction <br /> Documents or to consummate the Transactions. <br /> (e) Brokers. No broker, investment banker, financial advisor, consultant or <br /> other Person is entitled to any broker's, finder's, financial advisor's or similar fee or commission <br /> in connection with this Agreement or the Transactions based upon arrangements made by or on <br /> behalf of the Buyer. <br /> ARTICLE IV. <br /> COVENANTS <br /> • 4.1 Covenants of the Seller or the Individuals. The Seller and the Individuals <br /> covenant as follows: <br /> (a) Access until Closing. <br /> (i) Prior to the Closing, the Seller and the Individuals shall (A) grant <br /> exclusive possession of the Jemadojin Mine Property pursuant to the terms of <br /> Article IX below and, upon not less than one Business Day prior notice to Seller give <br /> the Buyer and its Representatives full access to the Purchased Assets (excluding any <br /> residential premises located on such Owned Real Property) and the Representatives of <br /> the Seller and the Individuals, including the right to (I) examine and inspect the <br /> Purchased Assets (including the Owned Real Property), as well as any adjacent parcels <br /> of real property that are owned by the Seller or the Individuals, (II) inspect the business <br /> records, books and records, contracts, and other documents and data related to the <br /> Purchased Assets that are owned by the Seller or the Individuals, and (III) interview <br /> and confer with such Representatives, counsel and accountants as the Buyer reasonably <br /> believes necessary and appropriate with respect to the Purchased Assets, business <br /> records, books, records, contracts, and other documents and data related to the <br /> Purchased Assets that are owned by the Seller or the Individuals, (B)furnish to the <br /> Buyer and its Representatives such information concerning the Purchased Assets which <br /> is reasonably requested, and (C) upon not less than one Business Day prior notice to <br /> Seller, give the Buyer and its Representatives a non-exclusive, temporary license to <br /> enter upon the Owned Real Properties (excluding any residential premises located on <br /> such Owned Real Property), to determine the condition of the Owned Real Properties <br /> (which investigation may include conducting a Phase I environmental site assessment, <br /> wildlife,cultural resources,geological, regulated water surveys and other due diligence <br /> activities,including without limitation conducting surveys of such property). <br /> 20 <br />