1 Exhibit #5 EMPLOYMENT CONTRACT THIS EMPLOYMENT CONTRACT MADE DECEMBER 01, 1995. BETWEEN: Douglas J. Rowe, an individual residing in Calgary, Alberta ("Rowe")Employment Contract • September 29th, 2000 • Birch Mountain Resources LTD • Alberta
Contract Type FiledSeptember 29th, 2000 Company Jurisdiction
ii- 4 THIS SHAREHOLDER RIGHTS PLAN AGREEMENT made as of the 17th day of May, 2000.Shareholders Rights Plan Agreement • September 29th, 2000 • Birch Mountain Resources LTD • Alberta
Contract Type FiledSeptember 29th, 2000 Company Jurisdiction
ARTICLE I INTERPRETATIONS Fee Agreement • December 4th, 2000 • Birch Mountain Resources LTD • Mining & quarrying of nonmetallic minerals (no fuels) • Alberta
Contract Type FiledDecember 4th, 2000 Company Industry Jurisdiction
SHAREHOLDERS RIGHTS PLAN AGREEMENT DATED AS OF MARCH 28, 2005 BETWEEN BIRCH MOUNTAIN RESOURCES LTD. AND COMPUTERSHARE TRUST COMPANY OF CANADAShareholders Rights Plan Agreement • June 28th, 2005 • Birch Mountain Resources LTD • Mining & quarrying of nonmetallic minerals (no fuels) • Alberta
Contract Type FiledJune 28th, 2005 Company Industry JurisdictionWHEREAS the Board of Directors has determined that it is in the best interests of the Corporation and all of its shareholders to adopt a shareholder rights plan;
LOAN AGREEMENT BETWEEN TRICAP PARTNERS LTD. - and - BIRCH MOUNTAIN RESOURCES LTD. Dated with effect as of the 21st day of December, 2007Loan Agreement • January 10th, 2008 • Birch Mountain Resources LTD • Mining & quarrying of nonmetallic minerals (no fuels) • Alberta
Contract Type FiledJanuary 10th, 2008 Company Industry JurisdictionIn consideration of the covenants and agreements herein contained, the extensions of credit contemplated herein, other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto) the parties hereto agree as follows: