THIS WARRANT AND THE COMMON SHARES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. THIS WARRANT AND THE COMMON SHARES ISSUABLE UPON EXERCISE OF THIS WARRANT MAY NOT BE SOLD, OFFERED FOR...Warrant Agreement • April 21st, 2004 • Goldspring • Services-business services, nec • New York
UNDERWRITING AGREEMENT between COMSTOCK MINING INC. and AEGIS CAPITAL CORP., as Representative of the Several UnderwritersUnderwriting Agreement • March 31st, 2016 • Comstock Mining Inc. • Gold and silver ores • New York
THIS WARRANT AND THE COMMON SHARES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. THIS WARRANT AND THE COMMON SHARES ISSUABLE UPON EXERCISE OF THIS WARRANT MAY NOT BE SOLD, OFFERED FOR...Warrant Agreement • April 21st, 2004 • Goldspring • Services-business services, nec • New York
a) A Warrants. On the Closing Date the ---------- Company will issue A Warrants to the Subscribers. One (1) A Warrant will be issued for each two (2) Shares issued on the Closing Date. The per Warrant Share exercise price to acquire a Warrant Share...Subscription Agreement • April 21st, 2004 • Goldspring • Services-business services, nec • New York
Exhibit 2.2 Date: June 2, 2003 Reference GSI/61503/a Final MANUFACTURING CONTRACT ---------------------- BETWEEN:Manufacturing Agreement • July 3rd, 2003 • Startcall Com Inc • Services-business services, nec
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • September 19th, 2024 • Comstock Inc. • Industrial organic chemicals • Nevada
This Securities Purchase Agreement (this “Agreement”) is dated as of September 19, 2024, between Comstock, Inc., a Nevada corporation (the “Company”) and Kips Bay Select, LP (the “Purchaser”).
6,500,000 SHARES OF COMMON STOCK COMSTOCK MINING INC. UNDERWRITING AGREEMENTUnderwriting Agreement • May 14th, 2014 • Comstock Mining Inc. • Gold and silver ores • New York
The undersigned, Comstock Mining Inc., a company incorporated under the laws of Nevada (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement as being subsidiaries or affiliates of Comstock Mining Inc., the “Company”), hereby confirms its agreement (this “Agreement”) with the several underwriters (such underwriters, including the Representative (as defined below), the “Underwriters” and each an “Underwriter”) named in Schedule I hereto for whom H.C. Wainwright & Co., LLC is acting as representative to the several Underwriters (the “Representative” and if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriter) on the terms and conditions set forth herein.
ARTICLE I INTERPRETATIONFunds Escrow Agreement • April 21st, 2004 • Goldspring • Services-business services, nec • New York
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • June 28th, 2019 • Comstock Mining Inc. • Gold and silver ores • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of June 28, 2019, between Temple Tower Group, LLC or designees or affiliates (the “Purchaser”) and Comstock Mining Inc. (the “Company”).
3,692,673 Shares Comstock mining inc. Common Stock, $0.000666 par value UNDERWRITING AGREEMENTUnderwriting Agreement • November 19th, 2012 • Comstock Mining Inc. • Gold and silver ores • New York
The undersigned is an owner of record or beneficially of certain shares of common stock, par value $.000666 per share, of the Company (“Shares”) or securities convertible into or exchangeable or exercisable for Shares. The Company proposes to carry out a public offering of Shares (the “Offering”) for which you will act as the representative of the underwriters (in such capacity, the “Representative”). The undersigned recognizes that the Offering will be of benefit to the undersigned and will benefit the Company by, among other things, raising additional capital for its operations. The undersigned acknowledges that you and the other underwriters are relying on the representations and agreements of the undersigned contained in this letter agreement in carrying out the Offering and in entering into underwriting arrangements with the Company with respect to the Offering.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 19th, 2022 • Comstock Inc. • Industrial organic chemicals • Nevada
This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of December 16, 2022, is by and among Comstock Inc., a Nevada corporation with headquarters located at 117 American Flat Road, Virginia City, Nevada 89440 (the ”Company”), and Ionic Ventures, LLC (“Buyer”).
Exhibit 2.1 PLAN AND AGREEMENT OF REORGANIZATION BY EXCHANGE BY GOLDSPRING, INC. OF ITS VOTING STOCK FOR SUBSTANTIALLY ALL THE ASSETS OF ECOVERY, INC. GOLDSPRING, INC., a Florida Corporation, (hereinafter called "Buyer"), and ECOVERY, INC., a Nevada...Plan and Agreement of Reorganization • July 3rd, 2003 • Startcall Com Inc • Services-business services, nec
CONSULTING AGREEMENT This Agreement is made as of this March 24, 2003, by and between Goldspring, Inc., ("the Company") a corporation duly organized and existing under the laws of Florida, with offices at 117 West 58th Street, 2I, New York, New York...Consulting Agreement • April 1st, 2003 • Startcall Com Inc • Services-business services, nec • New York
Varilease Finance, Inc.Master Lease Agreement • July 21st, 2015 • Comstock Mining Inc. • Gold and silver ores • Michigan
CONSULTING AGREEMENT This Agreement is made as of this March 4, 2003, by and between Visator, Inc., ("the Company") a corporation duly organized and existing under the laws of Florida, with offices at 117 West 58th Street, 2I, New York, New York 10019...Consulting Agreement • March 5th, 2003 • Startcall Com Inc • Services-business services, nec • New York
THIRD AMENDED AND RESTATED MEMBERSHIP INTEREST PURCHASE AGREEMENTMembership Interest Purchase Agreement • July 6th, 2023 • Comstock Inc. • Industrial organic chemicals • Nevada
This THIRD AMENDED AND RESTATED MEMBERSHIP INTEREST PURCHASE AGREEMENT (this “Agreement”), dated as of June 30, 2023, by and between LINICO CORPORATION, a Nevada corporation (“Seller”), and AMERICAN BATTERY TECHNOLOGY COMPANY, a Nevada corporation (“Purchaser”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • October 21st, 2010 • Comstock Mining Inc. • Gold and silver ores
This Registration Rights Agreement (this “Agreement”) is made and entered into as of August 31, 2010, between Comstock Mining Inc., a Nevada corporation (the “Company”), and each of the Persons who are signatories hereto (each such purchaser, a “Purchaser” and, collectively, the “Purchasers”).
SERIES A PREFERRED STOCK PURCHASE AGREEMENTSeries a Preferred Stock Purchase Agreement • February 18th, 2021 • Comstock Mining Inc. • Gold and silver ores • Nevada
THIS SERIES A PREFERRED STOCK PURCHASE AGREEMENT (this “Agreement”), is made as of is made as of February 15, 2021, by and among LINICO Corporation, a Nevada corporation (the “Company”) Comstock Mining Inc., a Nevada corporation (“CMI”), and Aqua Metals, Inc., a Delaware corporation (“AQMS” together with CMI each a “Investor” and together the “Investors”) as listed on Exhibit A.
LP BIOSCIENCES LLC a Wyoming Limited Liability Company AMENDED AND RESTATED OPERATING AGREEMENT (Contains Restrictions On Transfer Of Interests)Operating Agreement • July 29th, 2021 • Comstock Mining Inc. • Gold and silver ores • Wyoming
CONVERTIBLE NOTEConvertible Note • August 15th, 2005 • Goldspring Inc • Gold and silver ores • New York
This Note has been entered into pursuant to the terms of a settlement agreement, dated March 19, 2005 (the “Settlement Agreement”) and a subscription agreement, dated November 30, 2004 (the “Subscription Agreement”), both between the Borrower and the Holder, (collectively, the “Transaction Documents”), and shall be subject to the terms of such Transaction Documents. Unless otherwise separately defined herein, all capitalized terms used in this Note shall have the same meaning as is set forth in the Subscription Agreement. The following terms shall apply to this Note:
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • October 21st, 2010 • Comstock Mining Inc. • Gold and silver ores • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of October 20, 2010, between Comstock Mining Inc., a Nevada corporation (the “Company”), and each Purchaser identified on Schedule A hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
COMMON STOCK PURCHASE WARRANT AMENDMENTCommon Stock Purchase Warrant • April 24th, 2024 • Comstock Inc. • Industrial organic chemicals • Nevada
This Common Stock Purchase Warrant Amendment (this “Amendment”), dated as of April 22, 2024, is entered into by and between Comstock Inc., a Nevada corporation (the “Company”), and Alvin Fund LLC (“Holder”). Capitalized terms used in this Amendment but not otherwise defined herein shall have the respective meanings ascribed to them in the Warrant (as defined below).
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • January 29th, 2015 • Comstock Mining Inc. • Gold and silver ores • Nevada
This Amendment (this “Amendment”) to the Employment Agreement between Comstock Mining Inc. (the “Corporation”) and Corrado DeGasperis (the “Executive”), effective as of April 20, 2010 (the “Employment Agreement”), is made and entered into effective as of November 2, 2012 between the Corporation and the Executive.
EQUITY PURCHASE AGREEMENTEquity Purchase Agreement • July 25th, 2022 • Comstock Inc. • Industrial organic chemicals • Nevada
This EQUITY PURCHASE AGREEMENT (the “Agreement”), is dated as of June 21, 2022, by and between Comstock Inc., a Nevada corporation, (the “Company”), and Tysadco Partners LLC, a Delaware limited liability company (including any designee(s) thereof, the “Investor”).
AMENDED AND RESTATED ASSET PURCHASE AGREEMENT AMONG COMSTOCK MINING, INC. and FLUX PHOTON CORPORATION (“FPC”) DECEMBER 10, 2021Asset Purchase Agreement • December 16th, 2021 • Comstock Mining Inc. • Gold and silver ores • Nevada
This AMENNDED AND RESTATED ASSET PURCHASE AGREEMENT (this “Agreement”), dated DECEMBER 10, 2021, hereby amends, restates and supersedes that certain ASSET PURCHASE AGREEMENT effective as of SEPTEMBER 7, 2021 (“Effective Date”), by and between FLUX PHOTON CORPORATION, a Delaware corporation (“Seller”), and COMSTOCK MINING INC., a Nevada corporation (“Buyer” and, together with Seller, sometimes referred to individually herein as a “Party” and, collectively, as the “Parties”).
SIXTH PURCHASE AGREEMENT AMENDMENTPurchase Agreement • November 19th, 2019 • Comstock Mining Inc. • Gold and silver ores • Nevada
This Sixth Purchase Agreement Amendment (this “Amendment”) dated as of November 17, 2019, is entered into by and between Tonogold Resources, Inc., a Delaware corporation (“Buyer”), and Comstock Mining Inc., a Nevada corporation (“Seller”).
SECURITY AGREEMENTSecurity Agreement • August 15th, 2005 • Goldspring Inc • Gold and silver ores • New York
THIS SECURITY AGREEMENT (this “Agreement”), is made as of March ___, 2005, by and between Goldspring, Inc., a Florida corporation, with its principal executive offices at 8585 East Hartford Drive, Suite 400, Scottsdale, AZ 85255 (the “Company”), and the secured parties identified on Schedule A hereto (each, a “Secured Party” and collectively, the “Secured Parties”). (The Company and the Secured Parties may hereinafter be referred to singularly as a “party,” and collectively as the “parties.”).
GENERAL SECURITY AGREEMENTGeneral Security Agreement • April 16th, 2015 • Comstock Mining Inc. • Gold and silver ores • New York
EXHIBIT D Lease Option AgreementLease Option Agreement • November 19th, 2019 • Comstock Mining Inc. • Gold and silver ores • Nevada
This Lease Option Agreement (this “Agreement”) is made on ______ , 2019, (the “Effective Date”) between COMSTOCK MINING INC., a Nevada corporation (the “Optionor”) and Tonogold Resources, Inc., a Delaware corporation (“Tonogold”), on behalf of Comstock Mining LLC, a Nevada limited liability company, and/or its affiliates or assignees (the “Optionee”).
CONSULTING AGREEMENT This Agreement is made as of this March 11, 2003, by and between Visator, Inc., ("the Company") a corporation duly organized and existing under the laws of Florida, with offices at 117 West 58th Street, 2I, New York, New York...Consulting Agreement • March 13th, 2003 • Startcall Com Inc • Services-business services, nec • New York
AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENTEmployment Agreement • January 29th, 2015 • Comstock Mining Inc. • Gold and silver ores • Nevada
This Amendment No. 2 (this “Amendment”) to the Employment Agreement between Comstock Mining Inc. (the “Corporation”) and Corrado De Gasperis (the “Executive”), dated as of April 20, 2010, as amended November 2, 2012 (the “Employment Agreement”), is entered into as of January 31, 2014, between the Corporation and the Executive.
AMENDED AND RESTATED MEMBERSHIP INTEREST PURCHASE AGREEMENTMembership Interest Purchase Agreement • September 14th, 2020 • Comstock Mining Inc. • Gold and silver ores • Nevada
This Amended Membership Interest Purchase Agreement (this “Agreement”), originally dated January 24, 2019, as amended by the Purchase Agreement Amendment dated April 30, 2019, as amended by the Second Purchase Agreement Amendment dated May 22, 2019, as amended by the Third Purchase Agreement Amendment dated June 21, 2019, as amended by the Fourth Purchase Agreement Amendment dated August 15, 2019 and restated September 17, 2019, as amended by the Fifth Purchase Agreement Amendment dated October 14, 2019, as amended by the Sixth Purchase Agreement Amendment dated November 17, 2019, as amended and restated as of March 20, 2020, as hereby amended and restated as of September 8, 2020, is by and among Comstock Mining Inc., a Nevada corporation (“Seller”), with an address of 1200 American Flat Road, Virginia City, NV 89440, COMSTOCK MINING LLC, a Nevada limited liability company (the “Company”), and Tonogold Resources, Inc., a Delaware corporation (“Buyer”), with an address of 5666 La Jolla
SECURITY AGREEMENTSecurity Agreement • June 21st, 2010 • Goldspring Inc • Gold and silver ores • New York
THIS SECURITY AGREEMENT (this “Agreement”), is made as of June 15, 2010, by and between GoldSpring, Inc., a Nevada corporation, having an address at 1200 American Flat Road, P.O. Box 1118, Virginia City, NV 89440 (the “Obligor” or “Company”), and parties set forth on Schedule A hereto (each a “Secured Party” and collectively, the “Secured Parties”). (The Company and the Secured Parties may hereinafter be referred to singularly as a “party,” and collectively as the “parties”).
Termination Agreement and Mutual Release ---------------------------------------- This Termination Agreement and Mutual Release ("Termination Agreement") is made as of February 28, 2003, by and between Startcall.com, Inc., a Florida corporation with...Termination Agreement and Mutual Release • March 5th, 2003 • Startcall Com Inc • Services-business services, nec • New York
COMSTOCK MINING, INC.Common Stock Purchase Agreement • March 2nd, 2021 • Comstock Mining Inc. • Gold and silver ores • New York
This Common Stock Purchase Agreement (the “Agreement”) is entered into as of March __, 2021, by and between Comstock Mining, Inc., a corporation organized under the laws of the State of Nevada (the “Company”), and each of the persons or entities listed on Schedule A hereto under the heading “Purchasers” (each, a “Purchaser”).
