Exhibit 10.20
TREND MINING COMPANY
000 Xxxxx Xxx., Xxxxx 0, 0xx Xxxxx
Xxxxx x'Xxxxx, XX 00000
Telephone: (000) 000-0000 o Facsimile (000) 000-0000
SALE OF LAKE OWEN OPTION AGREEMENT AND
EXERCISE OF OPTION
THIS SALE OF THE LAKE OWEN OPTION AGREEMENT AND EXERCISE OF OPTION (the
"Agreement") is made and entered into this 15th day of March, 2002, (the
"Effective Date") by and between Trend Mining Company, a Delaware corporation
("Trend"), and Xxxxxx Xxxxxxx, an individual ("Xxxxxxx").
RECITALS
Reference is made to the Lake Owen Option Agreement ("Option
Agreement"), effective as of July 27, 1999, between General Minerals
Corporation, a Delaware corporation ("General Minerals") and Trend which created
the option for Trend to earn a 100% interest in the Lake Owen Project (the
"Option"); to an Amendment to the Lake Owen Option Agreement (the "Lake Owen
Amendment") effective as of June 12, 2000, between General Minerals and Trend;
and to the Lake Owen Transfer Agreement ("Lake Owen Transfer") effective as of
February 11, 2002 between General Minerals, Trend and Xxxxxxx and pursuant to
which Xxxxxxx assumed part interest then held by General Minerals in the Option
Agreement, as modified by the Lake Owen Amendment.
AGREEMENT
NOW THEREFORE, for good and valuable consideration of 500,000 shares of
the Trend common stock, Xxxxxxx and Trend hereby agree as follows:
1) As of the Effective Date, the exploration expenditures required by
Section 5.1(a) of the Option Agreement are hereby declared to be fully
satisfied and any further exploration expenditure obligations of Trend
are hereby affirmatively and irrevocably waived.
2) The conditions and terms specified by the Section 5.2 of the Option
Agreement have been satisfied.
3) The conditions and terms specified by the Section 5.3(a) of the Option
Agreement have been satisfied.
4) The conditions and terms specified by the Section 5.3(b) of the Option
Agreement, as modified by the Lake Owen Amendment have been satisfied.
5) The conditions and terms specified by the Section 5.3(c) of the Option
Agreement were deleted by the Lake Owen Amendment and are no longer
applicable.
6) The conditions and terms specified by the Section 5.3(d) of the Option
Agreement, as modified by the Lake Owen Amendment have been satisfied.
7) Pursuant to Sections 5.5(a) and (b) of the Option Agreement, the notice
requirements requiring a summary of exploration expenditures in order
to exercise said Option are hereby waived.
8) Any and all other terms and conditions specified by the Option
Agreement as modified by the Lake Owen Amendment which would need to be
satisfied by Trend to allow Trend to exercise the Option are declared
to be either satisfied or are hereby waived.
9) Trend hereby does affirmatively exercise its Option pursuant to Section
5.5 of the Option Agreement, and Xxxxxxx pursuant to the authority
granted to him by his part interest in the Lake Owen Transfer, now
declare that all terms and conditions being either satisfied or waived,
Xxxxxxx hereby forever irrevocably grants Trend all of his interest in
the Lake Owen Project, as that term is defined in the Option Agreement,
subject only to the existing Royalty, as specified and defined in the
Option Agreement.
10) This Agreement contains the entire agreement and understanding between
the parties. This Agreement shall be governed and interpreted in
accordance with the laws of New York. Any disputes arising out of this
Agreement shall be settled by mandatory and binding arbitration in the
State of New York.
11) This Agreement may be executed by facsimile and in two or more
counterparts, each of which shall be deemed to be an original, and all
of which taken together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement and
made it effective as of the date first written above.
TREND MINING COMPANY TREND MINING COMPANY
a Delaware corporation a Delaware corporation
By: /s/ Xxxx Xxxxxxx By:____________________________
Name: Xxxx Xxxxxxx Name: Xxxx Xxxx
Title: President Title: Chief Financial Officer
________________________________
Xxxxxx Xxxxxxx, as Individual