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Form #1379

Contract to secure future advances

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Contract to secure future advances

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Contract to secure future advances.

This agreement, made [Date], between the _________ company of _________, and _________, of _________.

_________, on [Date], advanced the company $_____, at the rate of _________ percent per year interest and the $_____ is now due and owing to _________, with the interest.

It is necessary that the company should have a further advance of money for the purpose of continuing the development of their mine, and for carrying on their business.

_________ hereby agrees to advance to the company at such time or times as may be necessary for the purpose stated, not to exceed in amount $_____, in addition to the $_____ already advanced:

The company has, at different times and dates, sold to _________ _________ tons of ore[, or as the case may be], which ore the company agreed to deliver to _________ at the ore house of the company, free of cost and they have delivered _________ tons of ore, leaving a balance of _________ tons yet undelivered, the cost of the ore having all been paid to the company by _________.

It is agreed between the parties, in consideration of the sum of money now due and owing to _________ by the company, and the further advances to be made by _________, as agreed here, and in further consideration of the premises stated, _________, of _________, is appointed manager, of all the property of the company in _________, and _________, as the manager, by _________ or _________'s agents, is to have the exclusive, sole, and irrevocable (except as subsequently mentioned) management of all the company's properties in _________, and of all the business in _________ of the company in mining and smelting silver and other ores, and any and all other lawful business, and, as such manager of the business and properties as stated above, _________ is authorized and empowered to do, execute, and perform any and all acts, deeds, matters, or things whatsoever, which ought to be done, executed, and performed, or which, in the opinion of _________, ought to be done, executed or performed, in or about the concerns, engagements, or business of the company, of every nature and kind whatsoever, as fully and effectually as it could do if the company were actually present, ratifying and confirming whatsoever _________ may do in and about the company's concerns and business. It is further agreed that _________, or _________'s agents, in furtherance of the purposes stated above, is to enter into the possession of all the company's properties in _________ necessary for conducting business and management as stated until such time as, out of the profits of the workings of the properties, _________ has repaid to _________ the sum of $_____ with the interest, and also has repaid to _________ all and every sum of money _________ may have advanced to the company under this agreement, together with interest at the rate of _________ per year, and also until _________ has mined and delivered to _________ all the ores sold _________ by the company, as per agreement stated here, and also until _________ has smelted the ore mined and delivered to _________, in the company's furnaces, according to the terms of an agreement dated _________, made between company and _________. When _________ has so paid to _________ all the moneys so advanced the company and interest, mined and delivered the ores so sold and contracted, and smelted the ores, and done and performed all the agreements contained here, then _________ may resign the management and shall, on being called upon to do so, deliver to the company all of the properties in as good condition as possible after the necessary workings, mining, and smelting, as here agreed to be done and performed.

And it is further agreed that the mine is to be worked and mined by _________ in a proper and miner-like manner, and that the business of company is to be managed with economy and for the best interests of the parties here; that a statement of all the business transactions, with accounts of the same, showing all moneys received and the source from where received and all moneys paid out, with the proper vouchers, is to be made monthly to the company, at their office at the city of _________, by _________. And it is further agreed that nothing contained here shall be construed to defeat or impair any legal rights _________ may have for the moneys now due _________, or so to be advanced by _________, or for the delivery of the ores so sold _________. And it is further agreed, between the parties here that if, at any time, _________ becomes dissatisfied with the management of the business and the property in _________, _________ may suspend and remove the manager and appoint another manager in _________'s place, with any or all rights, powers, or authority delegated under this agreement; and, should _________ proceed to act on the powers

contained in the last preceding clause, _________ will consult with the board of directors of the company, as to the new manager from time to time to be appointed.

Contributed by
AAA, LLC
 
Total Forms Contributed 69
 

See All AAA, LLC's Forms
 

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Terms Of Use

Submissions to this site, including any legal or business forms, posts, responses to questions or other communications by contributors are not intended as and should not be construed as legal advice. You are strongly encouraged to consult competent legal council before engaging in any action based upon content contained on this site.

These downloadable forms are only for personal use. Retransmission, redistribution, or any other commercial use is prohibited. This includes reposting forms from this site to another site offering free legal or other document forms for download.

Please note that the donator may have included different usage terms regarding this form, and you agree to abide by these terms. It is highly recommended that you have a licensed attorney review any legal documents for which you are searching in order to make sure that your needs are being properly and completely satisfied.

Your use of this site constitutes your acceptance of our terms of use and your agreement to hold this site, its officers, employees and any contributors to this site harmless for any damage you might incur from your use of any submissions contained on this site. If you do not agree to the above terms, please do not proceed.

These forms are provided to assist business owners and others in understanding important points to consider in different transactions. They are offered with the understanding that no legal advice, accounting, or other professional service is being offered by these documents or on this website. Laws vary in the different states. Agreements acceptable in one state may not be enforced the same way under the laws of another state. Also, agreements should relate specifically to the particular facts of each situation. Therefore, it is important to consult legal counsel whenever utilizing these forms. The Forms are not a substitute for legal advice YourFreeLegalForms.com is not engaged in recommending or referring members on the site or making claims about the competence, character or qualifications of its participating members.
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