AMENDING AGREEMENT NO. 5
Execution Copy
AMENDING AGREEMENT NO. 5
dated as of
JUNE 7, 2021
among
as Borrower and
THE LENDERS PARTIES HERETO
as Lenders and
CANADIAN IMPERIAL BANK OF COMMERCE
as Administrative Agent, Sole Lead Arranger, Sole Bookrunner and Issuing Bank and
BANK OF MONTREAL and THE BANK OF NOVA SCOTIA
as Co-Syndication Agents
00000000.17 SSR Amending Agreement No. 5
AMENDING AGREEMENT NO. 5
THIS AMENDING AGREEMENT NO. 5 (this “Amending Agreement”) is made as of June 7, 2021 between SSR Mining Inc., as borrower, the lenders party thereto and Canadian Imperial Bank of Commerce, as administrative agent.
WHEREAS:
A.Reference is made to the credit agreement dated as of August 4, 2015 between, inter alios, SSR Mining Inc. (formerly Silver Standard Resources Inc.), as borrower (the “Borrower”), the lenders from time to time party thereto (the “Lenders”), and Canadian Imperial Bank of Commerce, as administrative agent (the “Administrative Agent”), as amended by amending agreement no. 1 dated as of May 31, 2016, amending agreement no. 2 dated June 8, 2017, amending agreement no. 3 dated January 21, 2020 and amending agreement no. 4 dated June 3, 2020 (collectively, the “Credit Agreement”).
B.The Borrower, the Lenders and the Administrative Agent wish to amend the Credit Agreement on the terms and conditions set out herein.
NOW THEREFORE THIS AGREEMENT WITNESSES that, in consideration of the mutual covenants and agreements contained in this Amending Agreement and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties hereto agree as follows:
ARTICLE 1 INTERPRETATION
1.1One Amending Agreement. This Amending Agreement amends the Credit Agreement. This Amending Agreement and the Credit Agreement shall be read, interpreted, construed and have effect as, and shall constitute, one agreement with the same effect as if the amendments made by this Amending Agreement had been contained in the Credit Agreement as of the date of this Amending Agreement.
1.2Defined Terms. In this Amending Agreement, unless something in the subject matter or context is inconsistent:
(a)terms defined in the description of the parties or in the recitals have the respective meanings given to them in the description or recitals, as applicable;
(b)“Amended Credit Agreement” means the Credit Agreement, as amended by this Amending Agreement; and
(c)all other capitalized terms have the respective meanings given to them in the Amended Credit Agreement.
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1.3Headings. The headings of the Articles and Sections of this Amending Agreement are inserted for convenience of reference only and shall not affect the construction or interpretation of this Amending Agreement.
1.4References. All references to Articles, Sections, Exhibits and Schedules, unless otherwise specified, are to Articles, Sections, Exhibits and Schedules of the Credit Agreement.
ARTICLE 2 AMENDMENTS
2.1Co-Syndication Agents. The Borrower hereby appoints Bank of Montreal and The Bank of Nova Scotia to act, and Bank of Montreal and The Bank of Nova Scotia hereby agree to act, as co-syndication agents with respect to the Credit (in such capacities, the “Co-Syndication Agents”). Each of the Co-Syndication Agents will perform the duties and exercise the authority customarily performed and exercised by it in the foregoing roles, provided that, for the avoidance of doubt, the Co-Syndication Agents shall have no duties or obligations under the Amended Credit Agreement.
2.2Deleted Definitions. The definition of “Utilization Percentage” in Section 1.1 is deleted in its entirety.
2.3New Definitions. The following definitions are added to Section 1.1 in alphabetical order:
“Affected Financial Institution” means (a) any EEA Financial Institution or (b) any UK Financial Institution.
“Bail-In Action” means the exercise of any Write-Down and Conversion Powers by the applicable Resolution Authority in respect of any liability of an Affected Financial Institution.
“Bail-In Legislation” means:
(a)with respect to any EEA Member Country implementing Article 55 of Directive 2014/59/EU of the European Parliament and of the Council of the European Union, the implementing law for such EEA Member Country from time to time which is described in the EU Bail-In Legislation Schedule; and
(b)with respect to the United Kingdom, Part I of the United Kingdom Banking Act 2009 (as amended from time to time) and any other law, regulation or rule applicable in the United Kingdom relating to the resolution of unsound or failing banks, investment firms or other financial institutions or their respective Affiliates (other than through liquidation, administration or other insolvency proceedings).
“EEA Financial Institution” means (a) any credit institution or investment firm established in any EEA Member Country which is subject to the supervision of an EEA Resolution Authority, (b) any entity established in an EEA Member Country which is a parent of an institution described in clause (a) of this definition, or (c) any financial
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institution established in an EEA Member Country which is a subsidiary of an institution described in clauses (a) or (b) of this definition and is subject to consolidated supervision with its parent;
“EEA Member Country” means any of the member states of the European Union, Iceland, Liechtenstein, and Norway.
“EEA Resolution Authority” means any public administrative authority or any person entrusted with public administrative authority of any EEA Member Country (including any delegee) having responsibility for the resolution of any EEA Financial Institution.
“Erroneous Payment” has the meaning assigned to it in Section 8.13(a).
“Erroneous Payment Deficiency Assignment” has the meaning assigned to it in Section 8.13(d).
“Erroneous Payment Impacted Facilities” has the meaning assigned to it in Section 8.13(d).
“Erroneous Payment Return Deficiency” has the meaning assigned to it in Section 8.13(d).
“Erroneous Payment Subrogation Rights” has the meaning assigned to it in Section 8.13(d).
“Fifth Amendment Date” means June 7, 2021.
“Insolvent Lender” means any Lender that (a) has been adjudicated as, or determined by an Governmental Authority having regulatory authority over such Person or its assets to be, insolvent, (b) becomes the subject of an insolvency, bankruptcy, dissolution, liquidation or reorganization proceeding, or (c) becomes the subject of an appointment of a receiver, receiver and manager, monitor, trustee or liquidator under the Bank Act (Canada) or any applicable bankruptcy, insolvency or similar law now existing or hereafter enacted; provided that a Lender shall not be an Insolvent Defaulting Lender (i) solely by virtue of the ownership or acquisition by a Governmental Authority of an instrumentality thereof of any Equity Securities in such Lender or a parent company thereof, or (ii) due to an Undisclosed Administration.
“Payment Recipient” has the meaning assigned to it in Section 8.13(a).
“Resolution Authority” means, with respect to an EEA Financial Institution, an EEA Resolution Authority or, with respect to any UK Financial Institution, a UK Resolution Authority.
“UK Financial Institution” means any BRRD Undertaking (as such term is defined under the PRA Rulebook (as amended form time to time) promulgated by the United Kingdom Prudential Regulation Authority) or any person falling within IFPRU 11.6 of the FCA Handbook (as amended from time to time) promulgated by the United Kingdom Financial Conduct Authority, which includes certain credit institutions and investment firms, and certain Affiliates of such credit institutions or investment firms.
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“UK Resolution Authority” means the Bank of England or any other public administrative authority having responsibility for the resolution of any UK Financial Institution
“Undisclosed Administration” means, in relation to a Lender or its direct or indirect parent company, the appointment of an administrator, provisional liquidator, conservator, receiver, receiver manager, trustee, custodian, or other similar official by a supervisory authority or regulator under or based on the law in the country where such Lender or such parent company is subject to home jurisdiction, if applicable law requires that such appointment not be disclosed.
“Write-Down and Conversion Powers” means:
(a)with respect to any EEA Resolution Authority, the write-down and conversion powers of such EEA Resolution Authority from time to time under the Bail-In Legislation for the applicable EEA Member Country, which write-down and conversion powers are described EU Bail-In Legislation Schedule; and
(b)with respect to the United Kingdom, any powers of the applicable UK Resolution Authority under the Bail-In Legislation to cancel, reduce, modify or change the form of a liability of any UK Financial Institution or any contract or instrument under which that liability arises, to convert all or part of that liability into shares, securities or obligations of that person or any other person, to provide that any such contract or instrument is to have effect as if a right had been exercised under it or to suspend any obligation in respect of that liability or any of the powers under that Bail-In Legislation that are related to or ancillary to any of those powers.
2.4Applicable Margin. The definition of “Applicable Margin” in Section 1.1 is deleted in its entirety and replaced with the following:
“Applicable Margin” means the applicable rate per annum, expressed as a percentage, set out in the relevant column and row of the table below, based on the Net Leverage Ratio as at the most recent Quarterly Date with respect to which the Borrower has delivered financial information to the Administrative Agent pursuant to Section 5.1(1).
Row | Net Leverage Ratio | B/A Borrowing, LIBO Rate Loan or Financial Letter of Credit | Canadian Prime Loan or Base Rate Loan | Non- Financial Letter of Credit | Standby Fee | ||||||||||||
1 | ≤ 1.0x | 200 bps | 100 bps | 133.33 bps | 40.0 bps | ||||||||||||
2 | >1.0x and ≤1.5x | 225 bps | 125 bps | 150 bps | 45.0 bps | ||||||||||||
3 | >1.5x and ≤ 2.5x | 250 bps | 150 bps | 166.67 bps | 50.0 bps | ||||||||||||
4 | ≥2.5x | 300 bps | 200 bps | 200 bps | 60.0 bps | ||||||||||||
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As of the Fifth Amendment Date, the Applicable Margin shall be the margin provided for in Row 1 of the above grid; provided that the Applicable Margin with respect to any B/A Borrowing outstanding on the Fifth Amendment Date shall remain the Applicable Margin in effect prior to the Fifth Amendment Date until the rollover or conversion of such B/A Borrowing. Thereafter, the Applicable Margin shall change (to the extent necessary, if any) on the first Business Day following the next last date on which the financial statements and Compliance Certificate of the Borrower are required to be delivered to the Administrative Agent pursuant to Section 5.1(1) to reflect any change in the Net Leverage Ratio effective as of the date of such financial statements, based upon the financial statements for the immediately preceding Rolling Period, or if such day is not a Business Day, then the first Business Day thereafter. Notwithstanding the foregoing, if at any time the Borrower fails to deliver financial statements and the certificate of the Borrower as required by Section 5.1(1) on or before the date required pursuant to Section 5.1(1) (without regard to grace periods), the Applicable Margin shall be the highest margins provided for in the above grid from the date such financial statements are due pursuant to Section 5.1(1) (without regard to grace periods) through the date the Administrative Agent receives all financial statements and certificates that are then due pursuant to Section 5.1(1), at which time the Applicable Margin shall again be set out in accordance with the above grid.
2.5Contract Period. The definition of “Contract Period” in Section 1.1 is amended by deleting “or, if available, as determined by the Administrative Agent in good faith, six months” and adding “or” after “two months”.
2.6Credit. The definition of “Credit” in Section 1.1 is amended by deleting the reference to U.S.$75,000,000” and replacing it with “U.S.$200,000,000”.
2.7Defaulting Lender. The definition of “Insolvent Defaulting Lender” is deleted in its entirety, and all references thereto replaced with “Insolvent Lender”. The definition of “Defaulting Lender” in Section 1.1 is amended by deleting clause (e) thereof in its entirety and replacing it with the following:
(e) an Insolvent Lender
2.8Governmental Authority. The definition of “Governmental Authority” in Section 1.1 is deleted in its entirety and replaced with the following:
“Governmental Authority” means the Government of Canada, any other nation or any political subdivision thereof, whether provincial, state, territorial or local, and any agency, authority, instrumentality, regulatory body, court, central bank, fiscal or monetary authority or other authority regulating financial institutions, and any other entity or supra-national body exercising executive, legislative, judicial, taxing, regulatory or administrative powers or functions of or pertaining to government, including the Bank Committee on Banking Regulation and Supervisory Practices of the Bank of International Settlements, the European Union and the European Central Bank.
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2.9Interest Period. The definition of “Interest Period” in Section 1.1 is amended by deleting “, 2,” in the first sentence of such definition.
2.10Maturity Date. The definition of “Maturity Date” in Section 1.1 is amended by deleting the reference to “June 8, 2021” and replacing it with “June 8, 2025”.
2.11Permitted Repayment. The definition of “Permitted Repayment” in Section 1.1. is amended by deleting the word “and” at the end of clause (d) thereof and replacing it with “or”.
2.12Secured Hedge Arrangement. The definition of “Secured Hedge Arrangement” in Section 1.1 is amended by deleting the final sentence thereof and replacing it with the following:
For the avoidance of doubt, (i) any Hedge Arrangement entered into by a Credit Party with a Person before such Person is a Lender or Lender Affiliate or after such Person ceases to be a Lender or Lender Affiliate shall not be a Secured Hedge Arrangement, and
(ii) any Secured Hedge Arrangement shall continue as such notwithstanding that such Person ceases to be a Lender or a Lender Affiliate.
2.13Secured Liabilities. The definition of “Secured Liabilities” in Section 1.1 is amended by deleting the language in the second parenthesis in its entirety and replacing it with the following:
(including Secured Cash Management Obligations, Secured Hedge Obligations and Erroneous Payment Subrogation Rights)
2.14Tangible Net Worth Floor. The definition of “Tangible Net Worth Floor” in Section
1.5is amended by:
(a)deleting reference to “July 31, 2015” in clause (a) and replacing it with “March 31, 2021”;
(b)deleting reference to “August 1, 2015” in clause (b) and replacing it with “April 1, 2021”.
2.15Accordion. Section 2.1(2)(c)(iv) is amended by deleting reference to “$25,000,000” and replacing it with “$100,000,000”.
2.16Upfront Fee. Subsection 2.10(2) is deleted in its entirety and replaced with the following:
(2) Upfront Fee. The Borrower shall pay to the Administrative Agent for the account of each Lender an upfront fee equal to 0.40% of such Xxxxxx’s Commitment, such fee to be earned and payable on the Fifth Amendment Date.
2.17Alternate Rate of Interest. Section 2.12(2) is deleted in its entirety and replaced with the following:
(2) LIBO Rate Replacement.
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(a)Replacing LIBO Rate. On March 5, 2021 the Financial Conduct Authority (“FCA”), the regulatory supervisor of the LIBO Rate’s administrator (“IBA”), announced in a public statement the future cessation or loss of representativeness of overnight/Spot Next, 1-month, 3-month, 6-month and 12-month LIBO Rate tenor settings. On the earlier of (i) the date that all Available Tenors of the LIBO Rate have either permanently or indefinitely ceased to be provided by IBA or have been announced by the FCA pursuant to public statement or publication of information to be no longer representative and (ii) the Early Opt-in Effective Date, if the then-current Benchmark is the LIBO Rate, the Benchmark Replacement will replace such Benchmark for all purposes hereunder and under any Loan Document in respect of any setting of such Benchmark on such day and all subsequent settings without any amendment to, or further action or consent of any other party to this Agreement or any other Loan Document. If the Benchmark Replacement is Daily Simple SOFR, all interest payments will be payable on a monthly basis.
(b)Replacing Future Benchmarks. Upon the occurrence of a Benchmark Transition Event, the Benchmark Replacement will replace the then-current Benchmark for all purposes hereunder and under any Loan Document in respect of any Benchmark setting at or after 5:00 p.m. on the fifth (5th) Business Day after the date notice of such Benchmark Replacement is provided to the Lenders without any amendment to, or further action or consent of any other party to, this Agreement or any other Loan Document so long as the Administrative Agent has not received, by such time, written notice of objection to such Benchmark Replacement from Lenders comprising the Required Lenders. At any time that the administrator of the then-current Benchmark has permanently or indefinitely ceased to provide such Benchmark or such Benchmark has been announced by the regulatory supervisor for the administrator of such Benchmark pursuant to public statement or publication of information to be no longer representative of the underlying market and economic reality that such Benchmark is intended to measure and that representativeness will not be restored, the Borrower may revoke any request for a borrowing of, conversion to or continuation of Loans to be made, converted or continued that would bear interest by reference to such Benchmark until the Borrower’s receipt of notice from the Administrative Agent that a Benchmark Replacement has replaced such Benchmark, and, failing that, the Borrower will be deemed to have converted any such request into a request for a borrowing of or conversion to Base Rate Loans.
(c)Benchmark Replacement Conforming Changes. In connection with the implementation and administration of a Benchmark Replacement, the Administrative Agent will have the right to make Benchmark Replacement Conforming Changes from time to time and, notwithstanding anything to the contrary herein or in any other Loan Document, any amendments implementing such Benchmark Replacement Conforming Changes will become effective without any further action or consent of any other party to this Agreement.
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(d)Notices; Standards for Decisions and Determinations. The Administrative Agent will promptly notify the Borrower and the Lenders of (i) the implementation of any Benchmark Replacement and (ii) the effectiveness of any Benchmark Replacement Conforming Changes. Any determination, decision or election that may be made by the Administrative Agent or, if applicable, any Lender (or group of Lenders) pursuant to this Section 2.12(2), including any determination with respect to a tenor, rate or adjustment or of the occurrence or non-occurrence of an event, circumstance or date and any decision to take or refrain from taking any action, will be conclusive and binding absent manifest error and may be made in its or their sole discretion and without consent from any other party hereto, except, in each case, as expressly required pursuant to this Section 2.12(2).
(e)Unavailability of Tenor of Benchmark. At any time (including in connection with the implementation of a Benchmark Replacement), (i) if the then-current Benchmark is a term rate (including Term SOFR or the LIBO Rate), then the Administrative Agent may remove any tenor of such Benchmark that is unavailable or non-representative for Benchmark (including Benchmark Replacement) settings and (ii) the Administrative Agent may reinstate any such previously removed tenor for Benchmark (including Benchmark Replacement) settings.
(g) Certain Defined Terms. As used in this Section 2.12(2):
“Available Tenor” means, as of any date of determination and with respect to the then- current Benchmark, as applicable, (x) if the then-current Benchmark is a term rate, any tenor for such Benchmark that is or may be used for determining the length of an Interest Period or (y) otherwise, any payment period for interest calculated with reference to such Benchmark, as applicable, pursuant to this Agreement as of such date.
“Benchmark” means, initially, the LIBO Rate; provided that if a replacement of the Benchmark has occurred pursuant to this Section 2.12(2) titled “Benchmark Replacement Setting”, then “Benchmark” means the applicable Benchmark Replacement to the extent that such Benchmark Replacement has replaced such prior benchmark rate. Any reference to “Benchmark” shall include, as applicable, the published component used in the calculation thereof.
“Benchmark Replacement” means, for any Available Tenor:
(a)For purposes of clause (a) of this Section 2.12(2), the first alternative set forth below that can be determined by the Administrative Agent:
(i)the sum of: (i) Term SOFR and (ii) 0.11448% (11.448 basis points) for an Available Tenor of one-month’s duration, 0.26161% (26.161 basis points) for an Available Tenor of three-months’ duration, and 0.42826% (42.826 basis points) for an Available Tenor of six- months’ duration, or
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(ii)the sum of: (i) Daily Simple SOFR and (ii) the spread adjustment selected or recommended by the Relevant Governmental Body for the replacement of the tenor of the LIBO Rate with a SOFR-based rate having approximately the same length as the interest payment period specified in clause (a) of this Section 2.12(2); and
(b)For purposes of clause (b) of this Section 2.12(2), the sum of (i) the alternate benchmark rate and (ii) an adjustment (which may be a positive or negative value or zero), in each case, that has been selected by the Administrative Agent and the Borrower as the replacement for such Available Tenor of such Benchmark giving due consideration to any evolving or then-prevailing market convention, including any applicable recommendations made by the Relevant Governmental Body, for U.S. Dollar-denominated syndicated credit facilities at such time;
provided that, if the Benchmark Replacement as determined pursuant to clause (a) or (b) above would be less than the Floor, the Benchmark Replacement will be deemed to be the Floor for the purposes of this Agreement and the other Loan Documents.
“Benchmark Replacement Conforming Changes” means, with respect to any Benchmark Replacement, any technical, administrative or operational changes (including changes to the definition of “Business Day,” the definition of “Interest Period,” timing and frequency of determining rates and making payments of interest, timing of borrowing requests or prepayment, conversion or continuation notices, the applicability and length of lookback periods, the applicability of breakage provisions, and other technical, administrative or operational matters) that the Administrative Agent decides may be appropriate to reflect the adoption and implementation of such Benchmark Replacement and to permit the administration thereof by the Administrative Agent in a manner substantially consistent with market practice (or, if the Administrative Agent decides that adoption of any portion of such market practice is not administratively feasible or if the Administrative Agent determines that no market practice for the administration of such Benchmark Replacement exists, in such other manner of administration as the Administrative Agent decides is reasonably necessary in connection with the administration of this Agreement and the other Loan Documents).
“Benchmark Transition Event” means, with respect to any then-current Benchmark other than the LIBO Rate, the occurrence of a public statement or publication of information by or on behalf of the administrator of the then-current Benchmark, the regulatory supervisor for the administrator of such Benchmark, the Board of Governors of the Federal Reserve System, the Federal Reserve Bank of New York, an insolvency official with jurisdiction over the administrator for such Benchmark, a resolution authority with jurisdiction over the administrator for such Benchmark or a court or an entity with similar insolvency or resolution authority over the administrator for such Benchmark, announcing or stating that
(a)such administrator has ceased or will cease on a specified date to provide all Available Tenors of such Benchmark, permanently or indefinitely, provided that, at the time of such statement or publication, there is no successor administrator that will continue to provide any Available Tenor of such Benchmark or (b) all Available Tenors of such Benchmark are or will no longer be representative of the underlying market and economic reality that such Benchmark is intended to measure and that representativeness will not be restored.
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“Daily Simple SOFR” means, for any day, SOFR, with the conventions for this rate (which will include a lookback) being established by the Administrative Agent in accordance with the conventions for this rate recommended by the Relevant Governmental Body for determining “Daily Simple SOFR” for syndicated business loans; provided, that if the Administrative Agent decides that any such convention is not administratively feasible for the Administrative Agent, then the Administrative Agent may establish another convention in its reasonable discretion.
“Early Opt-in Effective Date” means, with respect to any Early Opt-in Election, the sixth (6th) Business Day after the date notice of such Early Opt-in Election is provided to the Lenders, so long as the Administrative Agent has not received, by 5:00 p.m. (New York City time) on the fifth (5th) Business Day after the date notice of such Early Opt-in Election is provided to the Lenders, written notice of objection to such Early Opt-in Election from Lenders comprising the Required Lenders.
“Early Opt-in Election” means the occurrence of:
(a)a notification by the Administrative Agent to (or the request by the Borrower to the Administrative Agent to notify) each of the other parties hereto that at least five currently outstanding U.S. Dollar-denominated syndicated credit facilities at such time contain (as a result of amendment or as originally executed) a SOFR-based rate (including SOFR, a term SOFR or any other rate based upon SOFR) as a benchmark rate (and such syndicated credit facilities are identified in such notice and are publicly available for review), and
(b)the joint election by the Administrative Agent and the Borrower to trigger a fallback from the LIBO Rate and the provision by the Administrative Agent of written notice of such election to the Lenders.
“Floor” means the benchmark rate floor, if any, provided in this Agreement initially (as of the execution of this Agreement, the modification, amendment or renewal of this Agreement or otherwise) with respect to the LIBO Rate.
“Relevant Governmental Body” means the Board of Governors of the Federal Reserve System or the Federal Reserve Bank of New York, or a committee officially endorsed or convened by the Board of Governors of the Federal Reserve System or the Federal Reserve Bank of New York, or any successor thereto.
“SOFR” means a rate per annum equal to the secured overnight financing rate for such Business Day published by the Federal Reserve Bank of New York (or a successor administrator of the secured overnight financing rate) on the website of the Federal Reserve Bank of New York, currently at xxxx://xxx.xxxxxxxxxx.xxx (or any successor source for the secured overnight financing rate identified as such by the administrator of the secured overnight financing rate from time to time).
“Term SOFR” means, for the applicable corresponding tenor, the forward-looking term rate based on SOFR that has been selected or recommended by the Relevant Governmental Body.
2.18Defaulting Lenders. Section 2.21 is amended by deleting clause (b) thereof in its entirety and replacing it with the following:
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(b) The Commitment of such Defaulting Lender shall not be included in determining whether all Lenders or the Required Lenders have taken or may take any action hereunder (including any consent to any amendment or waiver pursuant to Section 9.2); provided that any waiver or amendment (i) which affects such Defaulting Lender differently than other Lenders generally, or (ii) described in Section 9.2(a), (b) or (c) that affects such Defaulting Lender, shall in each case require the consent of such Defaulting Lender;
2.19Pension Plans. Section 3.1(11) is deleted in its entirety and replaced with the following:
(11)Pension Plans and Benefit Plans. All Pension Plans are duly registered under the Income Tax Act, applicable pension standards legislation and any other applicable Laws which require registration and, to the best of the Borrower’s knowledge, no event has occurred which could reasonably be expected to cause the loss of such registered status. As of the Closing Date, Schedule 3.1(11) describes each Benefit Plan and lists the name and registration number of each Pension Plan, none of which are Defined Benefit Plans. Except as could not reasonably be expected to have a Material Adverse Effect, the Pension Plans have each been administered, funded and invested in accordance with the terms of the particular plan, all applicable Laws including, where applicable, the Income Tax Act and pension standards legislation, and the terms of all applicable collective bargaining agreements. All material obligations of each of the Credit Parties (including fiduciary, funding, investment and administration obligations) required to be performed in connection with the Pension Plans and the funding agreements therefor have been performed on a timely basis. All employee and employer payments, contributions (including “normal cost”, “special payments” and any other payments in respect of any funding deficiencies or shortfalls) required to be withheld, made, remitted or paid to or in respect of each Pension Plan and all other amounts that are due to the pension fund of any Pension Plan from a Credit Party or an Affiliate have been withheld, made, remitted or paid on a timely basis in accordance with the terms of such plans, any applicable collective bargaining agreements, and all applicable Laws. Any assessments owed to the Pension Benefits Guarantee Fund established under the Pension Benefits Act (Ontario), or other assessments or payments required under similar legislation in any other jurisdiction, in respect of any Pension Plan have been paid when due. No event has occurred which could reasonably be expected to give rise to a partial or full termination of any Defined Benefit Plan. No event has occurred or is reasonably expected to occur that could trigger or otherwise require immediate or accelerated funding in respect of any Defined Benefit Plan. Each Defined Benefit Plan is funded on a solvency basis, going concern basis and wind-up basis (using actuarial methods and assumptions which are consistent with the actuarial valuations last filed for the particular plan with the applicable Governmental Authorities to the extent required by applicable Laws). Except as disclosed in Schedule 3.1(11), none of the Pension Plans, the Benefits Plans or the Credit Parties or any of their respective Affiliates is subject to the United States Employee Retirement Income Security Act of 1974, as amended. Notwithstanding the foregoing, to the extent one or more Pension Plans to which a Credit Party makes contributions but does not sponsor or
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administer, the aforementioned representations are to the best of the Borrower’s knowledge.
2.20Intellectual Property Rights. Section 3.1(19) is deleted in its entirety and replaced with the following:
(19) [Intentionally Deleted.]
Schedule 3.1(19) and the reference thereto in the Table of Contents is deleted in its entirety.
2.21Interest Coverage Ratio. Section 5.1(12)(a) is amended by deleting reference to “4.00” and replacing it with “3.00”.
2.22Know Your Customer. The following Section 5.1(24) is added to Section 5.1 in numerical order:
5.1(24) Know Your Customer. As soon as reasonably practicable following the request of the Administrative Agent or any Lender, the Borrower shall provide any documentation and other information required by bank regulatory authorities under applicable “know your customer” and anti-money laundering rules and regulations, including AML Legislation, the USA Patriot Act (Title III of Pub. L. 107-56 (signed into law October 26, 2001)) and OFAC.
2.23Asset Dispositions. Section 6.1(5) is deleted in its entirety and replaced with the following:
(5)Asset Dispositions. The Borrower shall not, and shall not permit any other Credit Party to, make any Asset Disposition, except where the aggregate book value of the subject matter of all Asset Dispositions in any Fiscal Year would not exceed an amount equal to 5% of the Tangible Net Worth as at the beginning of such Fiscal Year; provided that:
(a)the sale of a direct or indirect interest in the San Xxxx Project, the Chinchillas Project, the Pitarrilla Project or the Pirquitas Project (or any portion thereof);
(b)the sale of any or all net smelter return royalties, other royalties or other participating interests owned on the Fifth Amendment Date by any Credit Party in respect of properties (or production therefrom) owned or held by Persons (other than any other Credit Party); and
(c)the sale of deferred cash consideration payments in an aggregate amount not to exceed US$20,000,000 owing to the Borrower pursuant to sale transactions entered into prior to the Fifth Amendment Date;
shall not be included in determining such cap, such that any sales referred to in above paragraphs (a), (b) and (c) are unrestricted.
2.24Investments. Section 6.1(6)(g) is deleted in its entirety and replaced with the following:
(g)Investments made:
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(i)in the Argentine Subsidiaries since the Second Amendment Date; and
(ii)in the Alacer Subsidiaries since the Fifth Amendment Date; in an aggregate amount of up to U.S.$100,000,000; or
2.25Restricted Payments. Section 6.1(9)(g) is deleted in its entirety and replaced with the following:
(f)the Borrower may make any other Restricted Payment if following such Payment the Net Leverage Ratio would be no greater than 2.50:1.00; and
2.26Pension Plan Compliance. Section 6.1(12) is deleted in its entirety and replaced with the following:
(12)Pension Plan Compliance. The Borrower shall not, and shall not permit any other Credit Party to:
(d)terminate any Defined Benefit Plan which could reasonably be expected to result in a material liability of a Credit Party;
(e)establish, sponsor, maintain, contribute to, or otherwise incur liability under any Defined Benefit Plan, unless consented to by the Required Lenders;
(f)fail to withhold, make, remit or pay when due or permit any other Credit Party to fail to withhold, make, remit or pay when due any employee or employer payments, contributions (including “normal cost”, “special payments” and any other payments in respect of any funding deficiencies or shortfalls) to or in respect of any Pension Plan pursuant to the terms of the particular plan, any applicable collective bargaining agreement or applicable Law; or
(g)contribute to or assume an obligation to contribute to any “multi-employer pension plan” as such term is defined in the Pension Benefits Act (Ontario) or any similar plan under pension standards legislation in another jurisdiction unless the Borrower’s only obligation in respect of such plan is to remit current service contributions as set forth in the applicable collective bargaining agreement.
2.27Erroneous Payments. The following Section 8.13 is added to Article 8 in numerical order:
8.13 Erroneous Payments by the Administrative Agent.
(1)Clawback. If the Administrative Agent notifies a Lender or other Secured Party, or any Person who has received funds on behalf of a Lender or other Secured Party under or pursuant to any of the Loan Documents (any such Lender, other Secured Party or other recipient, a “Payment Recipient”) that the Administrative Agent has determined in its sole discretion (whether or not after receipt of any notice under immediately succeeding clause (b)) that any funds received by such Payment Recipient
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from the Administrative Agent or any of its Affiliates were erroneously or mistakenly transmitted or paid to, or otherwise erroneously or mistakenly received by, such Payment Recipient (whether or not known to such Lender, other Secured Party or other Payment Recipient on its behalf) (any such funds, whether received as a payment, prepayment or repayment of principal, interest, fees, distribution or otherwise, individually and collectively, an “Erroneous Payment”) and demands the return of such Erroneous Payment (or a portion thereof), such Erroneous Payment shall at all times remain the property of the Administrative Agent, and such Lender or other Secured Party shall (or, with respect to any Payment Recipient who received such funds on its behalf, shall cause such Payment Recipient to) promptly, but in no event later than three Business Days thereafter, return to the Administrative Agent the amount of any such Erroneous Payment (or portion thereof) as to which such a demand was made, in same day funds (in the currency so received), together with interest thereon in respect of each day from and including the date such Erroneous Payment (or portion thereof) was received by such Payment Recipient to the date such amount is repaid to the Administrative Agent in same day funds at the greater of (x) in respect of an Erroneous Payment in
U.S. Dollars, the Federal Funds Effective Rate, in respect of an Erroneous Payment in Canadian Dollars or any other currency at a fluctuating rate per annum equal to the overnight rate at which Canadian Dollars or funds in the currency of such Erroneous Payment, as the case may be, may be borrowed by the Administrative Agent in the interbank market in an amount comparable to such Erroneous Payment (as determined by the Administrative Agent) and (y) a rate determined by the Administrative Agent in accordance with banking industry rules or prevailing market practice for interbank compensation from time to time in effect. A notice of the Administrative Agent to any Payment Recipient under this Section 8.13(1) shall be conclusive, absent manifest error.
(2)Error Designation. Without limiting the immediately preceding Section 8.13(1), each Lender or other Secured Party, or any Person who has received funds on behalf of a Lender or other Secured Party under or pursuant to any of the Loan Documents, hereby further agrees that if
it receives a payment, prepayment or repayment (whether received as a payment, prepayment or repayment of principal, interest, fees, distribution or otherwise) from the Administrative Agent (or any of its Affiliates) (x) that is in a different amount than, or on a different date from, that specified in a notice of payment, prepayment or repayment sent by the Administrative Agent (or any of its Affiliates) with respect to such payment, prepayment or repayment, (y) that was not preceded or accompanied by a notice of payment, prepayment or repayment sent by the Administrative Agent (or any of its Affiliates), or (z) that such Lender or Secured Party, or other such recipient, otherwise becomes aware was
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transmitted, paid, or received, in error or by mistake (in whole or in part) in each case:
(h)(i) in the case of immediately preceding clauses (x) or (y), an error shall be presumed to have been made (absent express written confirmation from the Administrative Agent to the contrary) or (ii) an error has been made (in the case of immediately preceding clause (z)), in each case, with respect to such payment, prepayment or repayment; and
(i)such Lender or other Secured Party shall (and shall cause any other recipient that receives funds on its respective behalf to) promptly (and, in all events, within one Business Day of its knowledge of such error) notify the Administrative Agent of its receipt of such payment, prepayment or repayment, the details thereof (in reasonable detail) and that it is so notifying the Administrative Agent pursuant to this Section 8.13(2).
(3)Set-off. Each Lender or other Secured Party hereby authorizes the Administrative Agent to set-off, net and apply any and all amounts at any time owing to such Lender or other Secured Party under any Loan Document, or otherwise payable or distributable by the Administrative Agent to such Lender or other Secured Party from any source, against any amount due to the Administrative Agent under immediately preceding Section 8.13(1) or under the indemnification provisions of this Agreement.
(4)Assignment. In the event that an Erroneous Payment (or portion thereof) is not recovered by the Administrative Agent for any reason, after demand therefor by the Administrative Agent in accordance with the immediately preceding Section 8.13(1), from any Lender that has received such Erroneous Payment (or portion thereof) (and/or from any Payment Recipient who received such Erroneous Payment (or portion thereof) on its behalf) (such unrecovered amount, an “Erroneous Payment Return Deficiency”), upon the Administrative Agent’s notice to such Lender at any time:
(i)such Lender shall be deemed to have assigned its Loans (but not any of its Commitments) under any of the applicable Facilities with respect to which such Erroneous Payment was made (the “Erroneous Payment Impacted Facilities”) in an amount equal to the Erroneous Payment Return Deficiency (or such lesser amount as the Administrative Agent may specify) (such assignment of the Loans (but not any of its Commitments) of the Erroneous Payment Impacted Facilities, the “Erroneous Payment Deficiency Assignment”) at par plus any accrued and unpaid interest (with the assignment fee to be waived by the
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Administrative Agent in such instance), and is hereby (together with the Borrower) deemed to execute and deliver an Assignment and Assumption with respect to such Erroneous Payment Deficiency Assignment;
(ii)the Administrative Agent as the assignee Lender shall be deemed to acquire the Erroneous Payment Deficiency Assignment;
(iii)upon such deemed acquisition, the Administrative Agent as the assignee Lender shall become a Lender hereunder with respect to such Erroneous Payment Deficiency Assignment and the assigning Lender shall cease to be a Lender hereunder with respect to such Erroneous Payment Deficiency Assignment, excluding, for the avoidance of doubt, its obligations under the indemnification provisions of this Agreement and any of its Commitments which shall survive as to such assigning Lender; and
(iv)the Administrative Agent may reflect in the Register its ownership interest in the Loans subject to the Erroneous Payment Deficiency Assignment.
Subject to Section 9.4, the Administrative Agent may, in its discretion, sell any Loans acquired pursuant to an Erroneous Payment Deficiency Assignment and, upon receipt of the proceeds of such sale, the Erroneous Payment Return Deficiency owing by the applicable Lender shall be reduced by the net proceeds of the sale of such Loan (or portion thereof), and the Administrative Agent shall retain all other rights, remedies and claims against such Lender (and/or against any recipient that receives funds on its respective behalf). For the avoidance of doubt, no Erroneous Payment Deficiency Assignment will reduce the Commitments of any Lender under any of the Facilities and such Commitments under such Facilities shall remain available in accordance with the terms of this Agreement. In addition, each party hereto agrees that, except to the extent that the Administrative Agent has sold a Loan (or portion thereof) acquired pursuant to an Erroneous Payment Deficiency Assignment, and irrespective of whether the Administrative Agent may be equitably subrogated, the Administrative Agent shall be contractually subrogated to all the rights and interests of the applicable Lender or other Secured Party under the applicable Loan Documents with respect to each Erroneous Payment Return Deficiency (the “Erroneous Payment Subrogation Rights”).
(5)Indebtedness Satisfaction. The parties hereto agree that an Erroneous Payment shall not pay, prepay, repay, discharge or otherwise satisfy any Indebtedness owed by the Borrower or any other Loan Party, except, in each case, to the extent such Erroneous Payment is, and solely with
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respect to the amount of such Erroneous Payment that is, comprised of or corresponds to funds received by the Administrative Agent from (i) the Borrower or any other Loan Party or (ii) the proceeds of realization from the enforcement of one or more of the Loan Documents against or in respect of one or more of the Loan Parties; provided that, in each case, such funds were received by the Administrative Agent for the purpose of discharging Indebtedness.
(6)Waiver of Defences. To the extent permitted by applicable law, no Payment Recipient shall assert any right or claim to an Erroneous Payment, and hereby waives, and is deemed to waive, any claim, counterclaim, defense or right of set-off or recoupment with respect to any demand, claim or counterclaim by the Administrative Agent for the return of any Erroneous Payment received, including waiver of any defense based on “discharge for value”, “good consideration” for the Erroneous Payment or change of position by such Payment Recipient, any defense that the intent of the Administrative Agent was that such Payment Recipient retain the Erroneous Payment in all events, or any doctrine or defense similar to any of the foregoing.
(7)Survival. Each party’s obligations, agreements and waivers under this Section 8.13 shall survive the resignation or replacement of the Administrative Agent, or any assignment or transfer of rights or obligations by, or the replacement of, a Lender or an Affiliate thereof the termination of the Commitments and/or the repayment, satisfaction or discharge of all Indebtedness (or any portion thereof) under any Loan Document.
(8)Affiliates. For purposes of this Section 8.13, each Lender:
(i)agrees it is executing and delivering this Agreement with respect to this Section 8.13 both on its own behalf and as agent for and on behalf of its Affiliates referred to in this Section 8.13 and any Person receiving funds under or pursuant to any of the Loan Documents on behalf of such Lender or any of such Affiliates;
(ii)represents, warrants, covenants and agrees that its Affiliates referred to in this Section 8.13 and any Person receiving funds under or pursuant to any of the Loan Documents on behalf of such Lender or any of such Affiliates are bound by the provisions of this Section 8.13; and
(iii)agrees that any matter or thing done or omitted to be done by such Lender, its Affiliates, or any Person receiving funds under or pursuant to any of the Loan Documents on behalf of such Lender or any of such Affiliates which are the subject of this Section 8.13 will be binding upon such Lender and such Lender does hereby
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indemnify and save the Administrative Agent and its Affiliates harmless from any and all losses, expenses, claims, demands or other liabilities of the Administrative Agent and its Affiliates resulting from the failure of such Lender, its Affiliates or such Persons to comply with their obligations under and in respect of this Section 8.13, in each case.
(9)No Borrower Liability. Except pursuant to an Erroneous Payment Deficiency Assignment or the exercise of any Erroneous Payment Subrogation Rights (or any equivalent equitable subrogation rights), the Borrower shall not have any liability to the Agent for any Erroneous Payment or any interest, loss, cost or damages related there to arising therefrom under any provision of this Agreement or any other Loan document or under any legal principle or theory, whether arising by law or in equity.
2.28Lender Pledge of Security. Section 9.4(7) is amended by deleting the reference to “Federal Reserve Bank” and replacing it with “FRBNY or any other central banking authority”.
2.29Confidentiality. Section 9.15 is amended by deleting the word “or” at the end of clause
(h) and adding the following immediately before the final “.”:
; (j) to their applicable insurers and credit risk support providers, or (k) as required thereby, to their third party administration, settlement and similar service providers.
2.30Bail-In of EEA Financial Institutions. Article 9 is amended by adding the following Section 9.21 in numerical order:
9.21 Acknowledgement and Consent to Bail-In of Affected Financial Institutions.
Notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among any such parties, each party hereto acknowledges that any liability of any Affected Financial Institution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:
(a)the application of any Write-Down and Conversion Powers by the applicable Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an Affected Financial Institution; and
(b)the effects of any Bail-In Action on any such liability, including, if applicable:
(i)a reduction in full or in part or cancellation of any such liability;
(ii)a conversion of all, or a portion of, such liability into shares or other instruments of ownership in such Affected Financial Institution, its parent undertaking, or a bridge institution that may be issued to it or
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otherwise conferred on it, and that such shares or other instruments of ownership will be accepted by it in lieu of any rights with respect to any such liability under this Agreement or any other Loan Document; or
(iii)the variation of the terms of such liability in connection with the exercise of the Write-Down and Conversion Powers of the applicable Resolution Authority.
2.31Exhibit B. The Calculation Worksheet appended to Exhibit B is amended by replacing the paragraph below the table named “Tangible Net Worth” with the following:
(required to be no less than 75% of U.S.$883,000,000 plus 50% of Net Income calculated on a cumulative basis from and after April 1, 2021 until the most recent Quarterly Date.). In calculating cumulative Net Income for the purposes of this definition, no deduction shall be made in respect of Net Income for any Fiscal Quarter which is less than nil.
2.32Schedule 2.1. Schedule 2.1 is amended by replacing the Lender Commitments chart with the following:
Lender Commitment
Canadian Imperial Bank of Commerce The Bank of Nova Scotia
Bank of Montreal Royal Bank of Canada ING Capital LLC Total
U.S$60,000,000 U.S.$45,000,000 U.S.$45,000,000 U.S.$25,000,000 U.S.$25,000,000 U.S.$200,000,000
2.33Representation Schedules. Schedules 3.1(3), 3.1(9), 3.1(10), 3.1(11), 3.1(16) 3.1(17),
3.1(21), 3.1(26), 3.1(27), 3.1(28), 3.1(32), and 3.1(34) are deleted in their entirety and replace with the corresponding schedules attached hereto.
2.34Schedule 9.1. Schedule 9.1 is amended by deleting “xxxx.xxxxxxxx@xxxxxxxxxx.xxx” from the table titled “Lender and Issuing Bank Contact Information” and replacing it with “xxx.xxxxxxxxxx@xxxxxxxxxx.xxx”.
2.35Post-Closing Deliverables. The Borrower agrees to deliver to the Administrative Agent:
(c)an amendment and restatement of the Nevada law Deed of Trust, Security Agreement, Assignment of Production, Rents and Leasehold Interests, Financing Statement and Fixture Filing dated August 4, 2015 among Marigold Mining Company, Xxxxxxx Title Company and Canadian Imperial Bank of Commerce to increase the amount secured thereby to U.S.$500 million (the “NV Deed Amendment”);
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(d)a legal opinion from Nevada counsel to the Borrower with respect to the NV Deed Amendment, together with customary supporting materials;
(e)First Supplemental Demand Debenture dated August 31, 2016 from SGO Mining Inc. (formerly Xxxxxx Resources Inc.) in favour of Canadian Imperial Bank of Commerce to increase the amount secured thereby to Cdn.$750 million (the “SK Debenture Amendment”);
(f)confirmation of the filing of the SK Debenture Amendment in the instrument registry maintained by the Mineral Tenure Office, Resource Development, Ministry of Energy and Resources and the filing of the SK Assignment of Lease Amendment with the Ministry of Environment;
(g)a legal opinion from Saskatchewan counsel to the Borrower with respect to the SK Debenture Amendment, together with customary supporting materials;
(h)with respect to any bank or deposit account maintained with any Person that is not a Lender, either (a) confirmation of its closure, or (b) a blocked account agreement between such Person, the applicable Credit Party, and the Administrative Agent; and
(i)confirmation from Holland & Xxxx LLP that its title reports of March 19, 2019 and March 24, 2020 with respect to newly acquired portions of the Marigold Project can be relied upon by the Administrative Agent;
in each case within 60 (or in the case of clause (f) above only, 120) days of the date hereof and in form and substance satisfactory to the Administrative Agent, acting reasonably. The obligations of the Borrower under this Section 2.35 shall constitute Post-Closing Requirements and be subject to Section 5.1(8)(b) in all respects. For the avoidance of doubt, the Borrower shall be deemed to be in compliance with Section 6.1(16) with respect to all bank and deposit accounts existing on the date hereof while the period in which to satisfy the undertaking set out in clause
(f) above remains unexpired.
ARTICLE 3 REPRESENTATIONS AND WARRANTIES
3.1Confirmation of Representations. The Borrower represents and warrants that, as at the date of this Amending Agreement and assuming that the amendments made to the Credit Agreement by this Amending Agreement have become effective:
(j)this Amending Agreement and the Confirmation appended hereto has been duly authorized, executed and delivered by each of the signatory Credit Parties;
(k)the Credit Agreement as amended hereby, constitutes a legal, valid and binding obligation of the Borrower, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditor’s rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law;
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(l)no Default or Event of Default has occurred and is continuing; and
(m)the representations and warranties contained in Article 3 (other than those that are made particular to a specific date) are true and correct as if made on the date hereof.
ARTICLE 4 CONDITIONS
4.1Conditions Precedent. This Amending Agreement shall become effective on the date upon which there has been receipt by the Administrative Agent of:
(n)a counterpart of this Amending Agreement executed by each party hereto;
(o)a counterpart of the Confirmation appended to this Amending Agreement, executed by each Guarantor;
(p)an amendment to the GSA to update debtor information, conform with this Amending Agreement and add certain minimums to the notice provisions (the “BC GSA Amendment”) executed by each party thereto;
(q)a legal opinion of Stikeman Elliott LLP with respect to British Columbia law matters, together with customary supporting materials;
(r)payment of an Administrative Agent of such fees as agreed in a fee letter dated as of the date hereof; and
(s)payment of all legal fees invoiced to date by counsel for the Administrative Agent.
For the avoidance of doubt, upon and regardless of the date on which such conditions precedent are met, the effective date of this Amending Agreement will be as of June 7, 2021.
ARTICLE 5 GENERAL
5.1Authorization. The Lenders hereby irrevocably authorize and direct the Administrative Agent to execute and deliver the BC GSA Amendment, the NV Deed Amendment and the SK Assignment of Lease Amendment, in each case in such form as it may approve.
5.2Confirmation. Except as specifically stated herein, the Credit Agreement and the other Loan Documents shall continue in full force and effect in accordance with the provisions thereof. All Secured Liabilities under the Credit Agreement shall be continuing with only the terms thereof being modified as provided in this Amending Agreement, and this Amending Agreement shall not evidence or result in a novation of such Secured Liabilities.
5.3Interpretation. All references to the “this Agreement” or the “Credit Agreement” and all similar references in any of the other Loan Documents shall hereafter include, mean and be a
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reference to the Amended Credit Agreement without any requirement to amend such Loan Documents. This Amending Agreement shall constitute a “Loan Document” under, and as defined in, the Credit Agreement.
5.4Binding Nature. This Amending Agreement shall enure to the benefit of and be binding upon the Borrower, the Lenders and the Administrative Agent and their respective successors and permitted assigns.
5.5Severability. Any provision of this Amending Agreement which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of this Amending Agreement, all without affecting the remaining provisions of this Amending Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.
5.6Conflicts. If, after the date of this Amending Agreement, any provision of this Amending Agreement is inconsistent with any provision of the Credit Agreement, the relevant provision of this Amending Agreement shall prevail.
5.7Governing Law. This Amending Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein.
5.8Counterpart and Facsimile. This Amending Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page of this Amending Agreement by telecopy, emailed pdf. or any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Amending Agreement.
[signatures on the following pages]
13079711.17 SSR Amending Agreement No. 5
S-1
IN WITNESS WHEREOF the undersigned has caused this Amending Agreement to be duly executed as of the date set out on the first page.
CANADIAN IMPERIAL BANK OF COMMERCE,
as Xxxxxx and Administrative Agent
By:
Name: Xxxxx Xxxxxxx
Title: Managing Director
By:
Name: Xxxx Xxxxxxx
Title: Executive Director
SSR Amending Agreement No.5
S-2
IN WITNESS WHEREOF the undersigned has caused this Amending Agreement to be duly executed as of the date set out on the first page.
THE BANK OF NOVA SCOTIA,
as Lender and Co-Syndication AgentBy:
Name: Xxx Xxxxxxxxxx
Title: Managing Director
By: Name: Xxxxx Xxxx
Title: Associate Director
SSR Amending Agreement No. 5
S-3
IN WITNESS WHEREOF the undersigned has caused this Amending Agreement to be duly executed as of the date set out on the first page.
BANK OF MONTREAL,
as Lender and Co-Syndication AgentBy:
Name: Xxx Xxxxx
Title: Director
By: Name:
Title:
SSR Amending Agreement No. 5
S-4
IN WITNESS WHEREOF the undersigned has caused this Amending Agreement to be duly executed as of the date set out on the first page.
ROYAL BANK OF CANADA,
as LenderBy: Name: Xxxx Xxxxxxxxxxxx
Title: Authorized Signatory
By: Name:
Title:
SSR Amending Agreement No. 5
S-5
IN WITNESS WHEREOF the undersigned has caused this Amending Agreement to be duly executed as of the date set out on the first page.
ING CAPITAL LLC,
as Lender
By: Name: Remko van de Water
Title: Managing Director
By: Name: Xxxxx Xxxxxxx
Title: Director
SSR Amending Agreement No. 5
S-6
IN WITNESS WHEREOF the undersigned has caused this Amending Agreement to be duly executed as of the date set out on the first page.
By:
Name: Xxxxxx Xxxxx
Title: Executive Vice President and Chief Financial Officer
SSR Amending Agreement No. 5
S-7
CONFIRMATION
Each undersigned Guarantor acknowledges and irrevocably consents to the terms of the Amending Agreement. Each undersigned Guarantor further represents, warrants, and confirms to the Agent, for the benefit of each Secured Party, that:
(t)the Group Guarantee and the guarantees and indemnities granted thereunder continue in full force and effect in accordance with their terms notwithstanding the Amending Agreement and the amendments to the Credit Agreement effected thereby;
(u)such guarantees and indemnities extend to the indebtedness, liabilities and obligations of the Borrower under the Amended Credit Agreement;
(v)the Security Documents and the Liens granted thereunder continue in full force and effect in accordance with their terms notwithstanding the Amending Agreement and the amendments to the Credit Agreement effected thereby;
(w)the secured liabilities described in the Security Documents include indebtedness, liabilities and obligations arising under or in relation to the Amended Credit Agreement, and the Liens granted thereunder extend thereto; and
(x)all references to the “this Agreement” or the “Credit Agreement” and all similar references in any of the other Loan Documents shall hereafter mean and be a reference to the Amended Credit Agreement without any requirement to amend such Loan Documents.
Dated: of On behalf of:
SSR MINING INC. SSR DURANGO, S.A. DE C.V.
Name: Name:
Title: Title:
SILVER STANDARD CANADA HOLDINGS LTD. SILVER STANDARD US HOLDINGS INC. SILVER STANDARD MARIGOLD INC. INTERTRADE METALS CORP.
INTERTRADE METALS LIMITED PARTNERSHIP, by its
general partner, INTERTRADE METALS CORP. SILVER STANDARD VENTURES
INC. MARIGOLD MINING COMPANY SGO MINING INC. PUNA OPERATIONS
INC. 0694758 B.C. LTD.
Name:
Title:
13079711.17 SSR Amending Agreement No. 5
SCHEDULE 3.1(3) GOVERNMENTAL APPROVALS; NO CONFLICTS
Nil.
SCHEDULE 3.1(5) LITIGATION
1.On January 27, 2015, the Borrower received a Notice of Reassessment (“NOR”) from the Canada Revenue Agency (“CRA”) in the amount of approximately C$41.4 million plus interest of C$6.6 million related to the tax treatment of the 2010 sale of shares of the Borrower’s subsidiary that owned and operated the Snowfield and Brucejack projects. The CRA has asserted that the sale was on account of income and not capital, as the Borrower recorded it. In order to appeal the reassessment, the Borrower was required to make a minimum payment of 50% of the reassessed amount claimed by the CRA under the NOR plus interest accrued to the date of the NOR. On February 26, 2015, the Borrower paid the required C$24.1 million ($19.2 million) to the CRA. On April 20, 2015, the Borrower filed a Notice of Objection with the CRA and plans on filing, if necessary, a Notice of Appeal with the Tax Court of Canada.
2.Mina Pirquitas, LLC (“MPLLC”) entered into a fiscal stability agreement (the “Fiscal Agreement”) with the Federal Government of Argentina in 1998 for production from the Pirquitas mine. In December 2007, the National Customs Authority of Argentina (Dirección Nacional de Aduanas) levied an export duty of approximately 10% from concentrate for projects with fiscal stability agreements pre-dating 2002 and the Federal Government has asserted that the Pirquitas mine is subject to this duty. MPLLC has challenged the legality of the export duty applied to silver concentrate and the matter is currently under review by the Federal Court (Jujuy) in Argentina. The Federal Court (Jujuy) granted an injunction in the MPLLC’s favor effective September 29, 2010 that prohibited the Federal Government from withholding the 10% export duty on silver concentrate (the “Injunction”), pending the decision of the courts with respect to the MPLLC’s challenge of the legality of the application of the export duty. The Injunction was appealed by the Federal Government but upheld by each of the Federal Court of Appeal (Salta) on December 5, 2012 and the Federal Supreme Court of Argentina on September 17, 2013. The Federal Government also appealed the refund MPLLC claimed for the export duties paid before the Injunction, as well as matters of procedure related to the uncertainty of the amount reclaimed; however, on May 3, 2013, such appeal was dismissed by the Federal Court of Appeal (Salta). In September 2014, the Federal Tax Authority in Argentina filed an application with the Federal Court (Jujuy) to lift the Injunction and requiring payment of the export duty and payment of applied interest charges. MPLLC filed a response to such application on October 14, 2014 and a decision is pending.
In accordance with the Injunction, MPLLC has not been paying export duties on silver concentrate but the Borrower continues to accrue export duties in its consolidated financial statements. At March 31, 2015, the Borrower has accrued a liability totaling $59.2 million for export duties with no accrual for interest charges, and has recorded a corresponding increase in cost of sales in the relevant period. The application of interest charges is uncertain, but if applied from the date each duty was levied, such charges are estimated to be in the range of $4.3 million to $7.3 million as of March 31, 2015. The final amount of export duties and interest, if any, to be paid or refunded depends on a number of factors, including the outcome of litigation. Changes in the Borrower’s assessment of this matter could result in material adjustments to its consolidated statement of income (loss).
SCHEDULE 3.1(9)
REAL PROPERTY
1.Pirquitas Mine
The Borrower holds a 100% interest in the Pirquitas mine through its wholly-owned subsidiary, Mina Pirquitas, LLC, which has registered a branch in Argentina (Mina Pirquitas, LLC Sucursal Argentina). The Pirquitas mine is located in the Puna de Jujeña region of northwestern Argentina in the Province of Jujuy, approximately 355 kilometres northwest of the city of San Salvador de Jujuy. The mine consists of 50 semicontiguous mineral exploitation concessions covering a total area of 3,621 hectares. It also includes surface rights covering an area of approximately 7,463 hectares, which can be used for purposes such as housing, infrastructure facilities, processing plants, waste and tailing disposal sites, and other facilities to support mining operations.
2.Seabee Mine
The Borrower holds a 100% interest in the Seabee Gold Project through its wholly-owned subsidiary, SGO Mining Inc. (formerly Xxxxxx Resources Inc.) pursuant to the Seabee Surface Lease Agreement 2010 between the Government of Saskatchewan and Xxxxxx Resources Inc., as amended by the Addendum dated April 1, 2014, together with all rights and privileges appertaining thereto and all buildings, improvements and structures now or hereinafter constructed on placed upon such lands, thereunder or thereon. The Seabee Gold Project is located in the province of Saskatchewan and consists of the following mineral claims:
Disposition # | Type | |||||||
1. | CBS 7058 | Mineral Claim | ||||||
2. | CBS 7076 | Mineral Claim | ||||||
3. | CBS 9347 | Mineral Claim | ||||||
4. | ML 5519 | Mineral Lease | ||||||
5. | ML 5520 | Mineral Lease | ||||||
6. | ML 5535 | Mineral Lease | ||||||
7. | ML 5536 | Mineral Lease | ||||||
8. | ML 5543 | Mineral Lease | ||||||
9. | ML 5551 | Mineral Lease | ||||||
10. | S- 97986 | Mineral Claim | ||||||
11. | S-101660 | Mineral Claim | ||||||
12. | S-101661 | Mineral Claim | ||||||
13. | S-102737 | Mineral Claim | ||||||
14. | S-102738 | Mineral Claim | ||||||
15. | S-102739 | Mineral Claim | ||||||
16. | S-105301 | Mineral Claim | ||||||
17. | S-106678 | Mineral Claim | ||||||
18. | S-106771 | Mineral Claim | ||||||
19. | S-106772 | Mineral Claim | ||||||
Disposition # | Type | |||||||
20. | S-106773 | Mineral Claim | ||||||
21. | S-110855 | Mineral Claim | ||||||
22. | S-110856 | Mineral Claim | ||||||
23. | S- 99942 | Mineral Claim | ||||||
24. | S-100748 | Mineral Claim | ||||||
25. | S-111431 | Mineral Claim | ||||||
26. | S-111432 | Mineral Claim | ||||||
27. | S-111694 | Mineral Claim | ||||||
28. | MC00000028 | Mineral Claim | ||||||
29. | MC00000030 | Mineral Claim | ||||||
30. | MC00000069 | Mineral Claim | ||||||
31. | MC00000070 | Mineral Claim | ||||||
32. | S-113993 | Mineral Claim | ||||||
33. | S-113994 | Mineral Claim | ||||||
34. | MC00003517 | Mineral Claim | ||||||
35. | MC00003518 | Mineral Claim | ||||||
36. | MC00003532 | Mineral Claim | ||||||
37. | MC00003551 | Mineral Claim | ||||||
38. | MC00003552 | Mineral Claim | ||||||
39. | MC00003564 | Mineral Claim | ||||||
40. | MC00003571 | Mineral Claim | ||||||
41. | MC00003573 | Mineral Claim | ||||||
42. | MC00003593 | Mineral Claim | ||||||
43. | MC00003594 | Mineral Claim | ||||||
44. | MC00003631 | Mineral Claim | ||||||
45. | MC00003716 | Mineral Claim | ||||||
46. | MC00003717 | Mineral Claim | ||||||
SCHEDULE 3.1(10) PERMITTED LIEN REGISTRATIONS
Secured Party | Date Filed | Registration Number | Collateral Description | VIN | Term (Years) | Debtor(s) | Other Comments | ||||||||||||||||
1. Canadian Imperial | July 6, 2015, as | 666413I | All of the present and after-acquired personal | 15 | |||||||||||||||||||
Bank of Commerce, | ultimately | 341325J | property of the debtors, or any one or more of them | Silver Standard | |||||||||||||||||||
as administrative | amended on May | 202999K | and an uncrystallized floating charge on land. | Canada Holdings Inc. | |||||||||||||||||||
| Agent | 13, 2020 | 203502K | Silver Standard US | ||||||||||||||||||||
| 255264K | Holdings Inc. | ||||||||||||||||||||||
| 281880L | Silver Standard | ||||||||||||||||||||||
Canadian Imperial Bank of Commerce | 214038M | Marigold Inc. Intertrade Metals | |||||||||||||||||||||
Limited Partnership | |||||||||||||||||||||||
Intertrade Metals | |||||||||||||||||||||||
| Corp. | |||||||||||||||||||||||
Silver Standard | |||||||||||||||||||||||
Ventures Inc. | |||||||||||||||||||||||
Marigold Mining | |||||||||||||||||||||||
| Company | |||||||||||||||||||||||
SGO Mining Inc. | |||||||||||||||||||||||
Puna Operations Inc. | |||||||||||||||||||||||
0694758 BC Ltd. | |||||||||||||||||||||||
Secured Party | Date Filed | Registration Number | Collateral Description | VIN | Term (Years) | Debtor(s) | Other Comments | ||||||||||||||||
2. Konica Minolta Business | April 30, 2015 | 576310I | All goods of the debtor financed by the secured party, wherever situated, consisting of four (4) Konica Minolta copiers, together with all parts and accessories relating thereto, all attachments, accessories and accessions thereto or thereon and all replacements, substitutions, additions and improvements of all or any part of the foregoing and all proceeds in any form derived therefrom. Proceeds: all of the debtor's present and after acquired personal property which is derived, directly or indirectly, from any dealing with or disposition of the above-described collateral, including without limitation, all insurance and other payments payable as indemnity or compensation for loss or damage thereto, accounts, rents or other payments arising from the lease of the above-described collateral, goods, chattel paper, investment property, documents of title, instruments, money, cheques, deposits, securities and intangibles. | 6 | Silver Standard Resources Inc. | ||||||||||||||||||
Secured Party | Date Filed | Registration Number | Collateral Description | VIN | Term (Years) | Debtor(s) | Other Comments | ||||||||||||||||
3. Canadian Imperial Bank of Commerce, as administrative Agent Canadian Imperial Bank of Commerce | July 6, 2015, as ultimately amended on January 25, 2019 | 00000000 1513 1862 2586 20170814 1436 1201 2218 20190125 1049 1590 8672 Reference File No. 707752125 | All inventory equipment, account, motor vehicles and other. | 15 | |||||||||||||||||||
4. Canadian Imperial Bank of Commerce, as administrative Agent Canadian Imperial Bank of Commerce | September 2, 2015, as ultimately amended on May 25, 2021 | 00000000 0834 1862 6735 20170907 1534 1862 3970 20190125 1049 1590 8673 20210525 1302 1590 2802 Reference File No. 709564176 | All inventory equipment, account, motor vehicles and other. | 15 | Silver Standard Canada Holdings Inc. Silver Standard US Holdings Inc. Silver Standard Marigold Inc. Intertrade Metals Limited Partnership Intertrade Metals Corp. Silver Standard Ventures Inc. Marigold Mining Company SGO Mining Inc. Puna Operations Inc. 0000000 BC Ltd. | ||||||||||||||||||
5. Canadian Imperial Bank of Commerce, as administrative Agent Canadian Imperial Bank of Commerce | June 9, 2016 | 000000000 | General Property: All present and after acquired personal property of the Debtor. Serial Property: Motor Vehicle (57858) Motor Vehicle (131272) Motor Vehicle (131273) Motor Vehicle (131184) Motor Vehicle (114164) Motor Vehicle (XX00X0000) Motor Vehicle (114150) | See Collateral Description | 15 | SGO Mining Inc. | |||||||||||||||||
Secured Party | Date Filed | Registration Number | Collateral Description | VIN | Term (Years) | Debtor(s) | Other Comments | ||||||||||||||||
Motor Vehicle (114151) Motor Vehicle (LJB01221) Motor Vehicle (LJB1418) Motor Vehicle (48183) Motor Vehicle (1557) Motor Vehicle (2691) Motor Vehicle (2690) Motor Vehicle (2710) Motor Vehicle (9PP00115) Motor Vehicle (9PP7502) Motor Vehicle (T4140120) Motor Vehicle (L014D405) Motor Vehicle (90699100956786) Motor Vehicle (131283) Motor Vehicle (131284) Motor Vehicle (2859) Motor Vehicle (081042) Motor Vehicle (2442) Motor Vehicle (T1040264) Motor Vehicle (T1040269) Motor Vehicle (T4040302) Motor Vehicle (T3040295) Motor Vehicle (GXR00758) Motor Vehicle (6380) Motor Vehicle (5584) Motor Vehicle (111191) Motor Vehicle (121249) Motor Vehicle (131278) Motor Vehicle (131293) Motor Vehicle (091084) Motor Vehicle (121205) Motor Vehicle (101093) Motor Vehicle (111161) Motor Vehicle (121204) Motor Vehicle (HX5400705) Motor Vehicle (121233) Motor Vehicle (151338) Motor Vehicle (CBC00311) Motor Vehicle (12002) Motor Vehicle (MLC1791424) Motor Vehicle (IFI100E6267) | |||||||||||||||||||||||
Secured Party | Date Filed | Registration Number | Collateral Description | VIN | Term (Years) | Debtor(s) | Other Comments | ||||||||||||||||
Motor Vehicle (IFI100E6268) Motor Vehicle (IFI1006159) Motor Vehicle (IFI1006164) Motor Vehicle (IFI1006178) Motor Vehicle (201202230052) Motor Vehicle (4WOAS53697M411064) Motor Vehicle (4WOAS332457M118072) Motor Vehicle (9FG00931) Motor Vehicle (843159) Motor Vehicle (8431513) Motor Vehicle (XXX00X00XXXX00000) Motor Vehicle (X08H330237) Motor Vehicle (X08F240228) Motor Vehicle (XXX00X00XXXX00000) Motor Vehicle (XXX00000XX0X00000) Motor Vehicle (XXX00000XX0X00000) Motor Vehicle (XXX0000XXX0X00000) Motor Vehicle (XXX0000XXX0X00000) Motor Vehicle (XXX0000XXX0X00000) Motor Vehicle (63W01251) Motor Vehicle (XXX0000XXXXX00000) Motor Vehicle (XXX0000XXXXX00000) Motor Vehicle (JMS06422) Motor Vehicle (XXX0000XXXXX00000) Motor Vehicle (8CR03540) Motor Vehicle (CATIT28GVDBT00558) Motor Vehicle (W7K01321) Motor Vehicle (MXB00515) Motor Vehicle (FF350DX806109) Motor Vehicle (0XX000XXXX0000000) Motor Vehicle (2ZK05810) Motor Vehicle (DW648HT617261) Motor Vehicle (58550201) Motor Vehicle (73954) Motor Vehicle (USRM000379) Motor Vehicle (1834A1100U) Motor Vehicle (1835A1100U) | |||||||||||||||||||||||
Secured Party | Date Filed | Registration Number | Collateral Description | VIN | Term (Years) | Debtor(s) | Other Comments | ||||||||||||||||
6. Amalgamated Mining & Tunnelling Inc. | January 21, 2020 | 301997450 | Motor Vehicle (TMG19URE0367) 2019 Make/Desc: Epiroc Boltec S Bolter | See Collateral Description | 5 | SGO Mining Inc. | |||||||||||||||||
7. Epiroc Customer Center Part of Epiroc Canada Inc. | March 11, 2021 | 302141490 | RIG Item 8999 4647 00, Boomer M2C, serial number TMG20URE0235, and all attachments, additions, accretions and accessories thereto, and any replacements thereof of substitutions therefore and any repairs made to any of the foregoing and all proceeds or the foregoing, wherever the merchandise is located and all proceeds thereof. Value: 1,368,825$ | See Collateral Description | 1 | SGO Mining Inc. Northern Resource Trucking Limited Partnership | |||||||||||||||||
8. Epiroc Customer Center Part of Epiroc Canada Inc. | March 11, 2021 | 302141496 | RIG Item 8999 4962 00, Boomer M2C, serial number TMG20URE0477, and all attachments, additions, accretions and accessories thereto, and any replacements thereof of substitutions therefore and any accessions or repairs made to any or the foregoing and all proceeds or the foregoing, wherever the merchandise is located and all proceeds thereof Value: 1,368,825$ | See Collateral Description | 1 | SGO Mining Inc. Northern Resource Trucking Limited Partnership | |||||||||||||||||
Secured Party | Date Filed | Registration Number | Collateral Description | VIN | Term (Years) | Debtor(s) | Other Comments | ||||||||||||||||
9. Osisko Gold Royalties Ltd. | March 21, 2014 | 301159719 | All of the debtor’s present and after-acquired personal property arising from or related to a royalty from or relative to the mineral dispositions enumerated below, including without limitation, all mineral claims and mining leases and any leasehold interest and any renewals, extensions or replacements thereof from time to time in whole or in part and other mineral tenures consisting of, included within or described as the Seabee Gold operation that the debtor may from time to time hold over or in respect thereof and in all successions thereof, whether created privately or through governmental action (collectively, the “Lands”), equal to three percent (3.0%) of the value of the net smelter returns under and pursuant to the net smelter returns royalty agreement dated on or about march 20, 2014 between the debtor and the secured party, as such net smelter returns royalty agreement may be amended, restated, modified or supplemented from time to time. Lands are described below in Seabee Gold Operation – Mineral Dispositions 1(b). Proceeds means all proceeds of every item or kind including but not limited to goods, chattel paper, investment property, securities, documents of title, instruments, money, intangibles, insurance payments, and any property or obligations received or derived directly or indirectly when such collateral or proceeds thereof are sold, collected, dealt with, exchanged or otherwise disposed of or that indemnifies or compensates for such property or proceeds destroyed or damaged, and proceeds of proceeds. | Infinite | Xxxxxx Resources Inc. | ||||||||||||||||||
Secured Party | Date Filed | Registration Number | Collateral Description | VIN | Term (Years) | Debtor(s) | Other Comments | ||||||||||||||||
10. Osisko Gold Royalties Ltd. | March 21, 2014 | 301159723 | All of the debtor’s present and after-acquired personal property arising from or out of or related to the mineral dispositions enumerated below, including without limitation all mineral claims and mining leases and any leasehold interest and any renewals, extensions or replacements thereof from time to time in whole or in part and other mineral tenures consisting of, included within or described as the Seabee gold operation that the debtor may from time to time hold over or in respect thereof and in all successions thereof, whether created privately or through governmental action (collectively, the “Lands”). Lands being: CBS 7058, CBS 7076, CBS 9347, MC00000028, MC00000030, MC00000069, MC00000070, ML 5519, ML 5520, ML 5535, ML 5536, ML 5543, ML 5551, S-97986, S-100748, S- 101660, S-101661, S-102737, S-102738, S-102739, S-106678, S-106771, S- 106772, S-106773, S- 110855, S-110856, S-111431, S-111432, S-111694, S-113993, S-113994 Proceeds has the same meaning as above. | Infinite | Xxxxxx Resources Inc. | ||||||||||||||||||
5. Canadian Imperial Bank of Commerce, as administrative Agent Canadian Imperial Bank of Commerce | June 25, 2015 | 0000000 0000000 0000000 | All of the present and after-acquired personal property of the Debtor and an uncrystallized floating charge on land. | 15 | |||||||||||||||||||
Seabee Gold Project – Mineral Dispositions
1.Recorded Interests
(a)a notice of royalty interest and net smelter returns royalty agreement granted by Xxxxxx Resources in favour of 8248567 Canada Limited (now secured by Osisko Gold Royalties Ltd.) dated March 20, 2014; and
(b)a notice of security interest and debenture granted by Xxxxxx Resources in favour of 8248567 Canada Limited (now secured by Osisko Gold Royalties Ltd.) dated March 20, 2014,
which were filed against the following mineral dispositions in the Disposition Files:
CBS 7058 | CBS 7076 | CBS 9347 | MC00000028 | ||||||||
| MC00000030 | MC00000069 | MC00000070 | ML 5519 | ||||||||
ML 5520 | ML 5535 | ML 5536 | ML5543 | ||||||||
ML 5551 | S-97986 | S-100748 | S-101660 | ||||||||
| S-101661 | S-102737 | S-102738 | S-102739 | ||||||||
| S-106678 | S-106771 | S-106772 | S-106773 | ||||||||
| S-110855 | S-118056 | S-111431 | S-111432 | ||||||||
| S-111694 | S-113993 | S-113994 | |||||||||
2.Unrecorded Interests
(c)royalty agreement in favour of Red Mile No. 11 Limited Partnership in respect of the mineral dispositions ML 5519, ML 5520, S-102737, S-102738, S-102739, CBS 7058, CBS 7076, S-97986, S-101660, S-101661, S-101748, S-110856 (a
restaking of S-101689) and CBS 9347;
(d)net smelter returns royalty agreement in favour of Xxxx Xxxx in respect of mineral dispositions MC0003571, MC00003573, MC00003716, MC00003717 MC00003518, MC00003532, MC00003631, MC00003593 and MC00003594, dated March 4,
2016; and
(e)net smelter returns royalty agreement in favour of Strategic Staking & Exploration Inc. in respect of mineral dispositions MC0003571, MC00003573, MC00003716, MC00003717, MC00003518, MC00003532, MC00003631, MC00003593 and
MC00003594 dated March 4, 2016.
SCHEDULE 3.1(11) PENSION PLANS
Silver Standard Resources Inc.
Type of Benefit | Provider/Administrator | ||||
Extended Health Group Benefit Plan (Group Policy Nos. 164327 and 164328) | |||||
•Basic Life Insurance | |||||
•AD&D •Long Term Disability | The Great West Life Assurance Company | ||||
•Health Care (prescription, paramedical, hospital) | |||||
•Vision | |||||
•Dental | |||||
Employee Assistance Program | FSEAP | ||||
Group Registered Retirement Savings Plan (Group Annuity Policy 62724-G) | Sun Life Assurance Company of Canada | ||||
Employee Share Purchase Plan | Solium | ||||
Marigold Mining Company
Type of Benefit | Provider/Administrator | ||||
Life Insurance | Assurant Employee Benefits (Union Security Insurance Company) | ||||
Long Term Disability Insurance | Assurant Employee Benefits (Union Security Insurance Company) | ||||
Short Term Disability Insurance | Assurant Employee Benefits (Union Security Insurance Company) | ||||
Health and Welfare (hospital, doctors’ visits, prescription, paramedical) | Cigna Health and Life Insurance Co. | ||||
Flexible Spending Account | Wageworks | ||||
401(k) Retirement & Savings Plan | The Standard (Standard Retirement Services, Inc.) | ||||
Employee Assistance Program | Mines & Associates | ||||
Employee Share Purchase Plan | Solium | ||||
Mina Pirquitas, LLC
Type of Benefit | Provider/Administrator | ||||
Life Insurance Disability Insurance | Allianz Argentina Compañía de Seguros S.A. | ||||
Employee Share Purchase Plan | Solium | ||||
SGO Mining Inc.
Type of Benefit | Provider/Administrator | ||||
Extended Health Group Benefit Plan (Group Policy Nos. 93772- 001 and 93772-002) •Basic Life Insurance •AD&D •Long Term Disability •Short Term Disability (weekly indemnity) •Health Care (prescription, paramedical, hospital) •Optional life insurance, dependent life insurance, AD&D (employee paid) •Vision •Dental | Saskatchewan Blue Cross | ||||
Employee Assistance Program | Xxxxxx Xxxxxx & Associates | ||||
Group Retirement Savings Plan No. 11821 (employee contribution only) | RBC | ||||
Employee Share Purchase Plan | Solium | ||||
SCHEDULE 3.1(16) ENVIRONMENTAL MATTERS
1.In December 1998, an environmental impact report (“EIR”) was completed in respect of the Pirquitas mine for Sunshine Argentina, Inc. (now known as Mina Pirquitas, LLC) (“Sunshine Argentina”). The EIR contained a description and evaluation of environmental conditions that existed at the time, as well as foreseeable potential effects that development of the Pirquitas mine could have on the surrounding environment. The discussion below is either paraphrased or taken directly from the EIR.
Remnants of historic mining activities at the Pirquitas mine included derelict buildings, mine structures as well as tin-silver jig tailings and tin placer tailings along the Río Pircas. Flotation tailings had been discharged into the Río Pircas and scattered piles of gold placer tailings were left about 150 metres above the current level of the Río Pircas on paleo-river terraces to the south of the central mine camp. These areas comprise some 107 hectares of surface disturbance that existed prior to Sunshine Argentina’s acquisition of the Pirquitas property, some of which are now associated with acid rock drainage into the Pircas River watershed.
Surface and ground waters are known to be acidic and metalliferous down gradient from the historic mines above the Río Pircas canyon at Tres Placas, which is located approximately 1.5 kilometres downstream from the Pirquitas mine open pit. In addition, acidic and metalliferous ground water is present in the abandoned underground workings and in some natural springs in the area, suggesting that natural oxidation of sulphide mineralization which is widespread in the rocks found on the property is also contributing to background surface water contamination.
Upon its acquisition of the Pirquitas mine, Sunshine Argentina noted that documents in the bankruptcy auction files did not mention environmental liabilities against the property, but did mention that Sunshine Argentina was “grandfathered” against environmental liabilities related to historic mining activities. Furthermore, the only condition the Argentina Ministry of Mines and Energy applied to its approval of Sunshine Argentina’s EIR, apart from the mandatory two-year update to the report, was the requirement that water quality monitoring be carried out.
In 2008, a second EIR was completed following start-up of mining activities and initiation of plant construction at the Pirquitas mine. While there were no observations or restrictions placed at that time, this study began a focus on the water management plan and on conceptual plans for mine waste stockpiles. A conceptual water treatment plant for neutralization of acid waters was anticipated with a treatment capacity estimated to be as much as 150 litres per second.
A party wishing to commence or modify any exploration or mining-related activity under Argentina’s mining laws, including property abandonment or mine closure activity, must prepare and submit an environmental impact assessment (“EIA”), which must include a description of the nature of the proposed work, its potential risk to the environment and the
measures that will be taken to mitigate that risk. The most recent update to the EIA for the Pirquitas mining operation included engineering studies for the design of water management structures and mine closure design. Such EIA update was approved in December 2014 and is valid for a period of two years.
Argentina currently has no specific mine closure legislation or requirements. However, it is expected that closure options will eventually have to be proposed that may include passive or active neutralization features to return water to baseline conditions (acidic at the time of baseline studies) with some monitoring requirements.
2.The Borrower’s mining, exploration and development activities are subject to various federal, provincial, state and municipal laws and regulations relating to the protection of the environment, including requirements for closure and reclamation of mining properties. The Borrower has certain reclamation obligations at certain mineral properties, including the Pirquitas and Chinchillas Projects in Argentina, the Marigold mine in Nevada, U.S.A., and the Seabee Project located in the Province of Saskatchewan, Canada. As at December 31, 2020:
a.The present value of the current closure and reclamation cost estimate, to be spent over a number of years, at the Pirquitas and Chinchillas Projects collectively is approximately $20.7 million.
b.At the Marigold mine, the Borrower engages in concurrent reclamation practices and is bonded for all permitted features, as part of the State of Nevada permitting process. Current bonding requirements are based on third party cost estimates to reclaim all permitted features at the Marigold mine, with the exception of a few features permitted as permanent, post-mining features. The Bureau of Land Management (“BLM”) and the State of Nevada both review and approve the bond estimate, and the BLM holds the financial instruments providing the bond backing. As at December 31, 2020, the Marigold mine has reclamation requirements totalling approximately$54.6 million.
c.At the Seabee Project, the Borrower has an approved closure plan and financial assurance held by the Province of Saskatchewan. The closure plan addresses all final reclamation requirements as well as the longer-term post-reclamation monitoring and maintenance phase. As required by the Borrower’s environmental permits, the closure plan is periodically updated. As at December 31, 2020, the Seabee Project had reclamation requirements totaling approximately $5.7 million.
SCHEDULE 3.1(17) EMPLOYEE MATTERS
The employees of Mina Pirquitas, LLC Sucursal Argentina (the Argentinian branch of Mina Pirquitas, LLC) are subject to a collective bargaining agreement.
SCHEDULE 3.1(21) BANK ACCOUNTS
SSRM Guarantor Subsidiary | Name of Depository | Address | Phone | Account Type | Transitory Account (Y/N) | Account Number | ||||||||||||||
Commerce Place, | ||||||||||||||||||||
| CIBC | 000 Xxxxxxx Xx. Xxxxxxxxx, BC | 000-000-0000 | Restricted Cash | N | CAD 00045-2223377 | |||||||||||||||
V6C 3A6 | ||||||||||||||||||||
Commerce Place, | ||||||||||||||||||||
| CIBC | 000 Xxxxxxx Xx. Xxxxxxxxx, XX | 000-000-0000 | Bank | N | CAD 67-90313 USD 03-97717 | |||||||||||||||
V6C 3A6 | ||||||||||||||||||||
Xxxxxxx Xxxxx | 0000 – 000 Xxxx Xxxxxxx Xx. Xxxxxxxxx, XX V6C 3L2 | 000-000-0000 | Bank | N | CAD 1GA3G0A0 USD 1GA3G0B0 USD 1GA3GVB0 | |||||||||||||||
Scotia Capital | ||||||||||||||||||||
| Scotiabank | 1800 – 000 Xxxx Xxxxxxx Xx. Xxxxxxxxx, XX | 000-000-0000 | Bank | N | CAD/USD 800-49455 | |||||||||||||||
V6V 4N9 | ||||||||||||||||||||
Scotiabank | 000 Xxxxxxx Xx., XX XXX 00000 Bentall Centre, Vancouver, BC V7X 1V6 | 0-000 000 0000 | Bank | N | CAD 030200022810 USD 030201390414 CAD/USD 7161037 Standby L/C USD | |||||||||||||||
000 Xxxxxxx Xx. | ||||||||||||||||||||
| Scotiabank | Suite 4000 Vancouver, BC | 000-000-0000 | Deposit Box | N | 1455 | |||||||||||||||
V6C 3A8 | ||||||||||||||||||||
000 Xxxxxxx Xx. | ||||||||||||||||||||
| Scotiabank | Suite 4000 Vancouver, BC | 000-000-0000 | TD Notice pl | N | USD 00000000 | |||||||||||||||
V6C 3A8 | ||||||||||||||||||||
Scotiabank | 000 Xxxxxxx Xx., XX XXX 00000 Xxxxxxx Xxxxxx, Xxxxxxxxx, XX X0X 1V6 | 0-000 000 0000 | Bank (Operating Acc.) | N | USD 959680105511 CAD 959680063118 CAD 959680075019 | |||||||||||||||
000 Xxxxxxx Xx., XX BOX | Bank | |||||||||||||||||||
| Scotiabank | 00000 Bentall Centre, | 1-437 828 4576 | (Revenue | N | USD 000000000000 | |||||||||||||||
SGO Mining | Vancouver, BC V7X 1V6 | Acc.) | ||||||||||||||||||
| Inc. | ||||||||||||||||||||
Suite 700 – 000 Xxxxxxxxx Xx. | ||||||||||||||||||||
| Scotiabank | Vancouver, BC | 0-000-000-0000 | TD Notice pl | N | USD 00000000 | |||||||||||||||
V6C 1T2 | ||||||||||||||||||||
Xxxxxxx Xxxxx | 0000 – 000 Xxxx Xxxxxxx Xx. Xxxxxxxxx, XX X0X 3L2 | 000-000-0000 | Bank | N | USD 2Y6-310B/VB CAD 2Y6-3140A/VA | |||||||||||||||
Silver Standard Canada Holdings Ltd. | Scotiabank | 000 Xxxxxxx Xx., XX XXX 00000 Xxxxxxx Xxxxxx, Xxxxxxxxx, XX X0X 1V6 | 0-000 000 0000 | Bank | N | USD 03020 14204 10 | ||||||||||||||
Silver Standard Marigold Inc. | Scotiabank Houston | 000 Xxxxxxxxx Xxxxxx Xxxxx 0000 Xxxxxxx, XX 00000 | 000-000-0000 | Bank | Y | USD 1011235 | ||||||||||||||
SSRM Guarantor Subsidiary | Name of Depository | Address | Phone | Account Type | Transitory Account (Y/N) | Account Number | ||||||||||||||
Silver Standard US Holdings Inc. | Scotiabank Houston | 000 Xxxxxxxxx Xxxxxx Xxxxx 0000 Xxxxxxx, XX 00000 | 000-000-0000 | Bank | Y | USD 1011332 | ||||||||||||||
Xxxxx Fargo | 000 Xxxxxxxxxx Xxx Xxxxxxxxx, XX 94104 | 206-292-3210 | Bank | Y | USD 4943610212 | |||||||||||||||
Silver Standard CDA Finance | Scotiabank | 000 Xxxxxxx Xx., XX XXX 00000 Xxxxxxx Xxxxxx, Xxxxxxxxx, XX X0X 1V6 | 0-000 000 0000 | Bank | N | USD 03020 07857 17 | ||||||||||||||
Intertrade Metals Limited Partnership | Scotiabank | 000 Xxxxxxx Xx., XX XXX 00000 Xxxxxxx Xxxxxx, Xxxxxxxxx, XX X0X 1V6 | 0-000 000 0000 | Bank | N | USD 03020 13040 11 | ||||||||||||||
Xxxxxxx Xxxxx | 0000 – 000 Xxxx Xxxxxxx Xx. Xxxxxxxxx, XX X0X 3L2 | 000-000-0000 | Bank | N | USD 1H4BB0B0 CAD 1H4BB0A0 | |||||||||||||||
Premier Mining | Scotiabank | 000 Xxxxxxx Xx., XX XXX 00000 Xxxxxxx Xxxxxx, Xxxxxxxxx, XX X0X 1V6 | 0-000 000 0000 | Bank | N | USD 03020 13042 16 | ||||||||||||||
Marigold Mining Company | Xxxxx Fargo | 000 Xxxxxxxxxx Xxx Xxxxxxxxx, XX 00000 | 206-292-3210 | Bank | N | USD 4023916836 | ||||||||||||||
Xxxxx Fargo | 000 Xxxxxxxxxx Xxx Xxxxxxxxx, XX 94104 | 206-292-3210 | Bank | N | USD 4121986541 | |||||||||||||||
Xxxxx Fargo | 000 Xxxxxxxxxx Xxx Xxxxxxxxx, XX 94104 | 206-292-3210 | Bank | N | USD 4121986558 | |||||||||||||||
Xxxxx Fargo | 000 Xxxxxxxxxx Xxx Xxxxxxxxx, XX 94104 | 206-292-3210 | Bank | N | USD 1BA60648 | |||||||||||||||
0000000 B.C. Ltd | Scotiabank | 000 Xxxxxxx Xx., XX XXX 00000 Xxxxxxx Xxxxxx, Xxxxxxxxx, XX X0X 1V6 | 0-000 000 0000 | Bank | N | USD 03020 38546 12 | ||||||||||||||
Puna Operations Inc. | Scotiabank | 000 Xxxxxxx Xx., XX XXX 00000 Xxxxxxx Xxxxxx, Xxxxxxxxx, XX X0X 1V6 | 0-000-000-0000 | Bank | N | USD 03020 14671 15 | ||||||||||||||
SCHEDULE 3.1(26) MARIGOLD PROJECT REAL PROPERTY
Owned Real Property
Fee ownership in the following surface lands:
1.Approximately 161.33 acres within the SE1/4 § 22, T.34N., R.43E. and identified as Humboldt County Assessor’s parcel number 000-000-00 for 2013-14 and 3443-22-400-001 for 2014-15.
2.Approximately 640 acres within § 9, T.33N., R.43E. and identified as Humboldt County Assessor’s parcel number 000-000-00 for 2013-14 and 3443-09-100-001 for 2014-15 (surface only).1
3.Approximately 640 acres within § 17, T.33N., R.43E. and identified as Humboldt County Assessor's parcel number 000-000-00 for 2013-14 and 3443-17-100-001 for 2014-15 (surface only).2
4.Approximately 41.15 acres within Lot 12 § 33, T.34N., R.43E. and identified as Humboldt County Assessor’s parcel number 000-000-00 for 2013-14 and 3443-33-400-003 for 2014-15.
In addition to fee ownership in such surface lands described above, Marigold Mining Company has obtained the properties described below:
5.The following property was obtained by Marigold Mining Company pursuant to a Grant, Bargain and Sale Deed (with reservation of royalty), dated August 25, 2014, from Newmont USA Limited (“Newmont”):
d.Parcel One: the N1/2 of § 21, T.33N., R.43E. M.D.B.&M, containing 311.45 acres more or less; and
e.Parcel Two: the W1/2SW1/4, SW1/4NW1/4, W1/2NW1/4NW1/4 and the W1/2E1/2NW1/4NW1/4 of § 29, T.33N., R.43E., M.D.B.&M (excluding any portion on which an existing open pit is situated as of August 25, 2014), containing 129.36 acres more or less.
6.The following property was obtained by Marigold Mining Company pursuant to certain Grant, Bargain and Sale Deeds, dated September 24, 2014, between Arizona West Coast Corporation, a Nevada corporation (Grantor) to Marigold Mining Company, a Nevada corporation (Grantee), recorded October 1, 2014 (at Document Nos. 2014-03192, 2014-03193, 2014-03194, 2014-03195, 2014-03196 and 2014-03197, each in Humboldt County, NV):
f.Approximately 10.00 acres within § 33, T.34N., R.43E., M.D.B.&M. and identified as Lot 1 of that certain Parcel Map for L Bar Nevada, LLC recorded in the Office of the Humboldt County Recorder on November 7, 2008 under File No. 2008-9356, and further identified as Humboldt County Assessor’s parcel number 000-000-00 for 2013-14 and 3443-33-200- 006 for 2014-15;
1 Minerals are leased under the SFP Minerals Lease.
2 Minerals are leased under the SFP Minerals Lease.
g.Approximately 10.00 acres within § 33, T.34N., R.43E., M.D.B.&M. and identified as Lot 2 of that certain Parcel Map for L Bar Nevada, LLC recorded in the Office of the Humboldt County Recorder on November 7, 2008 under File No. 2008-9356, and further identified as Humboldt County Assessor’s parcel number 000-000-00 for 2013-14 and 3443-33-200- 005 for 2014-15;
h.Approximately 10.00 acres within § 33, T.34N., R.43E., M.D.B.&M. and identified as Lot 3 of that certain Parcel Map for L Bar Nevada, LLC recorded in the Office of the Humboldt County Recorder on November 7, 2008 under File No. 2008-9356, and further identified as Humboldt County Assessor’s parcel number 000-000-00 for 2013-14 and 3443-33-200- 004 for 2014-15;
i.Approximately 10.00 acres within § 33, T.34N., R.43E., M.D.B.&M. and identified as Lot 4 of that certain Parcel Map for L Bar Nevada, LLC recorded in the Office of the Humboldt County Recorder on November 7, 2008 under File No. 2008-9356, and further identified as Humboldt County Assessor’s parcel number 000-000-00 for 2013-14 and 3443-33-200- 003 for 2014-15;
j.Approximately 41.15 acres within § 33, T.34N., R.43E., M.D.B.&M. and identified as Lot 15 of that certain Division into Larger Parcels Map for L Bar Nevada, LLC recorded in the Office of the Humboldt County Recorder on May 26, 2006 under File No. 2006-3372, and further identified as Humboldt County Assessor’s parcel number 000-000-00 for 2013-14 and 3443-33-200-008 for 2014-15; and
k.Approximately 40.00 acres within § 33, T.34N., R.43E., M.D.B.&M. and identified as Lot 11 of that certain Division into Larger Parcels Map for L Bar Nevada, LLC recorded in the Office of the Humboldt County Recorder on May 26, 2006 under File No. 2006-3372, and further identified as Humboldt County Assessor’s parcel number 000-000-00 for 2013-14 and 3443-33-300-004 for 2014-15.
7.The following property was obtained by Marigold Mining Company pursuant to a Grant, Bargain and Sale Deed, executed effective September 24, 2015, from Newmont, a Delaware corporation (Grantor), to Marigold Mining Company, a Nevada corporation (Grantee), recorded October 8, 2015 (at Document No. 2015-03351 in Humboldt County, NV):
l.The S2 of § 21, T.33N., R.43E., M.D.B.&M. containing approximately 308.73 acres more or less and referred to as Assessor’s Parcel Number is 3343-21-100-002, a parcel map of which has been recorded on June 16, 2014, file number 2014-1838;
m.The E2, E2W2, E2E2NW4NW4 of § 29, T.33N., R.43E., M.D.B.&M. containing
approximately 504.34 acres more or less and referred to as Assessor’s Parcel Number is 3343-29-100-001, a parcel map of which has been recorded on June 16, 2014, file number 2014-1838;
n.All of § 5, T.32N., R.43E., M.D.B.&M. containing approximately 686.8 acres more or less and referred to as Assessor’s Parcel Number 3243-05-100-001; and
o.All of § 1, T.32N., R.42E., M.D.B.&M. containing approximately 628.6 acres more or less and referred to as Assessor’s Parcel Number 3242-01-100-001.
8.The following property was obtained by Marigold Mining Company pursuant to a Grant, Bargain and Sale Deed, executed as of June 7, 2018, from Xxxx Xxxxxx, LLC, a Nevada limited liability company (Grantor), to Marigold Mining Company, a Nevada corporation (Grantee), recorded June 13, 2018 (at Document No. 2018-03641 in Humboldt County, NV):
p.The SW¼SE¼ of § 16, T.33N., R.43E., M.D.B.&M. containing approximately 40.0 acres more or less and referred to as Assessor’s Parcel Number 000-0000-00; and
q.The E½NW¼ of § 30, T.33N., R.43E., M.D.B.&M. containing approximately 80.0 acres more or less and referred to as Assessor’s Parcel Number 000-0000-00.
9.The following property was obtained by Marigold Mining Company pursuant to a Special Warranty Deed, executed effective as of January 30, 2019, from Western Exploration LLC, a Nevada limited liability company (Grantor), to Marigold Mining Company, a Nevada corporation (Grantee), recorded January 30, 2019 (at Document No. 2019-00492 in Humboldt County, NV):
r.The NE¼NE¼ of § 12, T.32N., R.42E., M.D.B.&M. containing approximately 40.0 acres more or less and referred to as Assessor’s Parcel Number 00-0000-00; and
s.The E½SW¼; SW¼SE¼; SE¼NW¼ of § 6, T.32N., R.43E., M.D.B.&M. containing approximately 160.0 acres more or less and referred to as Assessor’s Parcel Number 07- 0491-02.
10.The following property was obtained by Marigold Mining Company pursuant to a Grant, Bargain and Sale Deed, executed as of June 3, 2019, from Newmont, a Delaware corporation (Grantor), to Marigold Mining Company, a Nevada corporation (Grantee), recorded June 6, 2019 (at Document No. 2019-02789 in Humboldt County, NV and Document #: 290377 in Lander County, NV):
t.All of § 7, T.32N., R.43E., M.D.B.&M containing approximately 640.0 acres more or less and referred to as Assessor’s Parcel Number 07049107;
u.All of § 9, T.32N., R.43E., M.D.B.&M containing approximately 640.0 acres more or less referred to as Assessor’s Parcel Number 07049109;
v.All of § 17, T.32N., R.43E., M.D.B.&M containing approximately 640.0 acres more or less referred to as Assessor’s Parcel Number 07049114 (containing approximately 480.0 acres more or less in Humboldt County, NV) and Assessor’s Parcel Number 01021002 (containing approximately 160.0 acres more or less in Lander County, NV);
w.The E2, N2NW4, E2SW4, SE4NW4 of § 19, T.32N., R.43E., M.D.B.&M referred to as
Assessor’s Parcel Number 01023003;
x.The W2SW4SW4 of § 19, T.32N., R.43E., M.D.B.&M referred to as Assessor’s Parcel Number 01023001;
y.All of § 21, T.32N., R.43E., M.D.B.&M containing approximately 640.0 acres more or less referred to as Assessor’s Parcel Number 01021006;
z.All of § 29, T.32N., R.43E., M.D.B.&M containing approximately 640.0 acres more or less referred to as Assessor’s Parcel Number 01021012;
aa.All of § 11, T.32N., R.42E., M.D.B.&M containing approximately 640.0 acres more or less referred to as Assessor’s Parcel Number 07048111;
ab.All of § 13, T.32N., R.42E., M.D.B.&M containing approximately 640.0 acres more or less referred to as Assessor’s Parcel Number 07048119 (containing approximately 480 acres in Humboldt County, NV) and Assessor’s Parcel Number 01020004 (containing approximately 160 acres in Lander County, NV);
ac.All of § 15, T.32N., R.42E., M.D.B.&M containing approximately 640.0 acres more or less referred to as Assessor’s Parcel Number 07048117 (containing approximately 480 acres in Humboldt County, NV) and Assessor’s Parcel Number 01020002 (containing approximately 160 acres in Lander County, NV);
ad.The S½, NE¼, E½NW¼, NW¼NW¼ of § 25, T.32N., R.42E., M.D.B.&M containing approximately 36.26 acres more or less identified as Lot 1 and referred to as Assessor’s Parcel Number 01020010; and
ae.Newmont’s right, title and interest in that certain mineral property located in Lander County, Nevada and described as follows: All of § 3, T.31N., R.42E., M.D.B.&M containing approximately 640.0 acres more or less.
11.The W2, NW4NE4 of § 33, T.32N., R.42E., M.D.B.&M containing approximately 360.0 acres more or less referred to as Assessor’s Parcel Number 01020012 was obtained by Marigold Mining Company pursuant to a Quitclaim Deed made effective June 3, 2019 between Newmont, a Delaware corporation (Grantor), and Marigold Mining Company, a Nevada corporation (Grantee), recorded June 6, 2019 (at Document No. 2019-02798 in Humboldt County, NV and Document #: 290387 in Lander County, NV) and a Quitclaim Deed and Assignment and Assumption of Venture Participating Interest made effective as of June 26, 2019 by and between Fairmile Gold Mining Inc., a Nevada corporation (Grantor) and Marigold Mining Company, a Nevada corporation (Grantee), recorded July 2, 2019 (at Document No. 2019-03139 in Humboldt County, NV and Document #: 290633 in Lander County, NV).
12.Lot 3 lying within § 33, T.32N., R.42E. containing approximately 46.26 acres more or less referred to as Assessor’s Parcel Number 00-0000-00 was obtained by Marigold Mining Company pursuant to a Grant, Bargain, Sale Deed made effective April 14, 2020 between Xxxxxx X. XxXxxxxx (Grantor) and Marigold Mining Company (Grantee), recorded April 14, 2020 (at Document No. 2020-01412 in Humboldt County, NV).
Owned Unpatented Mining Claims
The holder of record title to the following 788 unpatented mining claims:
BLM Serial Number | Claim Name | ||||
| XXX000000 | APRI # 1 | ||||
| NMC371562 | APRI # 2 | ||||
| NMC371563 | APRI # 3 | ||||
| NMC371564 | APRI # 4 | ||||
| NMC371565 | APRI # 5 | ||||
| NMC371566 | APRI # 6 | ||||
| NMC371567 | APRI # 7 | ||||
| NMC371568 | APRI # 8 | ||||
BLM Serial Number | Claim Name | ||||
| NMC371569 | APRI # 9 | ||||
| NMC371570 | APRI # 10 | ||||
| NMC371571 | APRI # 11 | ||||
| NMC371572 | APRI # 12 | ||||
| NMC371573 | APRI # 13 | ||||
| NMC519580 | APRI # 14 | ||||
| NMC552229 | APRI # 15 | ||||
| NMC361136 | VAL #237 | ||||
| NMC361137 | VAL #238 | ||||
| NMC361138 | VAL #239 | ||||
| NMC361139 | VAL #240 | ||||
| NMC361140 | VAL #241 | ||||
| XXX000000 | VAL #242 | ||||
| NMC361142 | VAL #243 | ||||
| NMC361143 | VAL #244 | ||||
| NMC361144 | VAL #245 | ||||
| NMC361145 | VAL #246 | ||||
| NMC361146 | VAL #247 | ||||
| NMC361147 | VAL #248 | ||||
| NMC361148 | VAL #249 | ||||
| NMC361149 | VAL #250 | ||||
| NMC361150 | VAL #251 | ||||
| NMC361151 | VAL #252 | ||||
| NMC361152 | VAL #253 | ||||
| NMC361153 | VAL #254 | ||||
| NMC361154 | VAL #255 | ||||
| NMC361155 | VAL #256 | ||||
| NMC361156 | VAL #257 | ||||
| NMC361157 | VAL #258 | ||||
| XXX000000 | VAL #259 | ||||
| NMC361159 | VAL #260 | ||||
| NMC361160 | VAL #261 | ||||
| NMC361161 | VAL #262 | ||||
| NMC600391 | VAL #1013 | ||||
| NMC600392 | VAL #1014 | ||||
| NMC600393 | VAL #1015 | ||||
| NMC600394 | VAL #1016 | ||||
| NMC600395 | VAL #1017 | ||||
| NMC600396 | VAL #1018 | ||||
| NMC600397 | VAL #1019 | ||||
| NMC600398 | VAL #1020 | ||||
| XXX000000 | VAL #1021 | ||||
| NMC600400 | VAL #1022 | ||||
| NMC600401 | VAL #1023 | ||||
| NMC600402 | VAL #1024 | ||||
| NMC371574 | XXXXX # 1 | ||||
| NMC371575 | TYLER # 2 | ||||
| NMC371576 | XXXXX # 3 | ||||
BLM Serial Number | Claim Name | ||||
| NMC371577 | XXXXX # 4 | ||||
| NMC371578 | XXXXX # 5 | ||||
| XXX000000 | XXXXX # 6 | ||||
| NMC371580 | TYLER # 7 | ||||
| NMC371581 | XXXXX # 8 | ||||
| NMC371582 | XXXXX # 9 | ||||
| NMC371583 | XXXXX # 10 | ||||
| NMC371584 | XXXXX # 11 | ||||
| NMC371585 | XXXXX # 12 | ||||
| NMC371586 | XXXXX # 13 | ||||
| XXX000000 | XXXXX # 14 | ||||
| NMC371588 | XXXXX # 15 | ||||
| NMC371589 | XXXXX # 16 | ||||
| NMC371590 | XXXXX # 17 | ||||
| NMC371591 | TYLER # 18 | ||||
| NMC371592 | XXXXX # 19 | ||||
| NMC371593 | TYLER # 20 | ||||
| NMC371594 | XXXXX # 21 | ||||
| XXX000000 | XXXXX # 22 | ||||
| NMC371596 | XXXXX # 23 | ||||
| NMC371597 | XXXXX # 24 | ||||
| NMC371598 | XXXXX # 25 | ||||
| NMC371599 | XXXXX # 26 | ||||
| NMC371600 | TYLER # 27 | ||||
| NMC371601 | TYLER # 28 | ||||
| NMC371602 | XXXXX # 29 | ||||
| XXX000000 | TYLER # 30 | ||||
| NMC371604 | TYLER # 31 | ||||
| NMC371605 | XXXXX # 32 | ||||
| NMC371606 | XXXXX # 33 | ||||
| NMC371607 | XXXXX # 34 | ||||
| NMC371608 | TYLER # 35 | ||||
| NMC371609 | XXXXX # 36 | ||||
| NMC454876 | REMARY #237 | ||||
| NMC454877 | REMARY #238 | ||||
| NMC454878 | REMARY #239 | ||||
| NMC454879 | REMARY #240 | ||||
| NMC454880 | REMARY #241 | ||||
| NMC454881 | REMARY #242 | ||||
| NMC454882 | REMARY #243 | ||||
| NMC454883 | REMARY #244 | ||||
| NMC454884 | REMARY #245 | ||||
| NMC454885 | REMARY #246 | ||||
| NMC454886 | REMARY #247 | ||||
| NMC454887 | REMARY #248 | ||||
| XXX000000 | REMARY #249 | ||||
| NMC454889 | REMARY #250 | ||||
| NMC454890 | REMARY #251 | ||||
BLM Serial Number | Claim Name | ||||
| NMC454891 | REMARY #252 | ||||
| NMC454892 | REMARY #253 | ||||
| NMC454893 | REMARY #254 | ||||
| NMC454894 | REMARY #255 | ||||
| NMC454895 | REMARY #256 | ||||
| XXX000000 | REMARY #257 | ||||
| NMC454897 | REMARY #258 | ||||
| NMC454898 | REMARY #259 | ||||
| NMC454899 | REMARY #260 | ||||
| NMC454900 | REMARY #261 | ||||
| NMC454901 | REMARY #262 | ||||
| NMC454902 | REMARY #263 | ||||
| NMC454903 | REMARY #264 | ||||
| XXX000000 | REMARY #265 | ||||
| NMC454905 | REMARY #266 | ||||
| NMC454906 | REMARY #267 | ||||
| NMC454907 | REMARY #268 | ||||
| NMC454908 | REMARY #269 | ||||
| NMC454909 | REMARY #270 | ||||
| NMC454910 | REMARY #271 | ||||
| NMC454911 | REMARY #272 | ||||
| XXX000000 | REMARY FRACTION | ||||
| NMC359040 | XXXX # 73 | ||||
| NMC359041 | XXXX # 74 | ||||
| NMC359042 | XXXX # 75 | ||||
| NMC359043 | XXXX # 76 | ||||
| NMC359044 | XXXX # 77 | ||||
| NMC359045 | XXXX # 78 | ||||
| XXX000000 | XXXX # 79 | ||||
| NMC359047 | XXXX # 80 | ||||
| NMC359048 | XXXX # 81 | ||||
| NMC359049 | XXXX # 82 | ||||
| NMC359050 | XXXX # 83 | ||||
| NMC359051 | XXXX # 84 | ||||
| NMC359052 | XXXX # 85 | ||||
| XXX000000 | XXXX # 86 | ||||
| NMC359054 | XXXX # 87 | ||||
| NMC359055 | XXXX # 88 | ||||
| NMC359056 | XXXX # 89 | ||||
| NMC359057 | XXXX # 90 | ||||
| NMC400277 | HS #123 | ||||
| NMC400278 | HS #124 | ||||
| XXX000000 | HS #125 | ||||
| NMC400280 | HS #126 | ||||
| NMC400281 | HS #127 | ||||
| NMC400282 | HS #128 | ||||
| NMC400283 | HS #129 | ||||
| NMC400284 | HS #130 | ||||
BLM Serial Number | Claim Name | ||||
| NMC400285 | HS #131 | ||||
| NMC400286 | HS #132 | ||||
| XXX000000 | HS #133 | ||||
| NMC400288 | HS #134 | ||||
| NMC400289 | HS #134A | ||||
| NMC358968 | XXXX# 1 | ||||
| NMC358969 | XXXX# 2 | ||||
| NMC358970 | XXXX# 3 | ||||
| NMC358971 | XXXX# 4 | ||||
| XXX000000 | XXXX# 5 | ||||
| NMC358973 | XXXX# 6 | ||||
| NMC358974 | XXXX# 7 | ||||
| NMC358975 | XXXX# 8 | ||||
| NMC358976 | XXXX# 9 | ||||
| NMC358977 | XXXX # 10 | ||||
| NMC358978 | XXXX # 11 | ||||
| NMC358979 | XXXX # 12 | ||||
| XXX000000 | XXXX # 13 | ||||
| NMC358981 | XXXX # 14 | ||||
| NMC358982 | XXXX # 15 | ||||
| NMC358983 | XXXX # 16 | ||||
| NMC358984 | XXXX # 17 | ||||
| NMC358985 | XXXX # 18 | ||||
| NMC358986 | XXXX # 19 | ||||
| NMC358987 | XXXX # 20 | ||||
| NMC358988 | XXXX # 21 | ||||
| NMC358889 | XXXX # 22 | ||||
| NMC358990 | XXXX # 23 | ||||
| NMC358991 | XXXX # 24 | ||||
| NMC358992 | XXXX # 25 | ||||
| NMC358993 | XXXX # 26 | ||||
| NMC358994 | XXXX # 27 | ||||
| NMC358995 | XXXX # 28 | ||||
| NMC358996 | XXXX # 29 | ||||
| NMC358997 | XXXX # 30 | ||||
| XXX000000 | XXXX # 31 | ||||
| NMC358999 | XXXX # 32 | ||||
| NMC359000 | XXXX # 33 | ||||
| NMC359001 | XXXX # 34 | ||||
| NMC359002 | XXXX # 35 | ||||
| NMC359003 | XXXX # 36 | ||||
| NMC371610 | BONZ # 1 | ||||
| NMC371612 | BONZ # 3 | ||||
| NMC371614 | BONZ # 5 | ||||
| NMC371616 | BONZ # 7 | ||||
| NMC371618 | BONZ # 9 | ||||
| NMC371619 | BONZ # 10 | ||||
| NMC371620 | BONZ # 11 | ||||
BLM Serial Number | Claim Name | ||||
| NMC371621 | BONZ # 12 | ||||
| NMC371622 | BONZ # 13 | ||||
| NMC371623 | BONZ # 14 | ||||
| NMC371624 | BONZ # 15 | ||||
| NMC371625 | BONZ # 16 | ||||
| NMC371626 | BONZ # 17 | ||||
| NMC371627 | BONZ # 18 | ||||
| NMC371630 | BONZ # 21 | ||||
| NMC371631 | BONZ # 22 | ||||
| NMC371632 | BONZ # 23 | ||||
| NMC371633 | BONZ # 24 | ||||
| NMC371634 | BONZ # 25 | ||||
| NMC371635 | BONZ # 26 | ||||
| NMC371636 | BONZ # 27 | ||||
| XXX000000 | BONZ # 28 | ||||
| NMC371638 | BONZ # 29 | ||||
| NMC371639 | BONZ # 30 | ||||
| NMC451485 | BONZ # 33 | ||||
| NMC451486 | BONZ # 34 | ||||
| NMC451487 | BONZ # 35 | ||||
| XXX000000 | BONZ # 36 | ||||
| NMC487422 | REBONZ # 2 | ||||
| NMC487423 | REBONZ # 4 | ||||
| NMC487424 | REBONZ # 6 | ||||
| XXX000000 | REBONZ # 8 | ||||
| NMC487426 | REBONZ # 19 | ||||
| NMC487427 | REBONZ # 20 | ||||
| NMC487428 | REBONZ # 31 | ||||
| NMC524363 | REBONZ # 32 | ||||
| NMC1112641 | GINGER #1 | ||||
| NMC1112642 | GINGER #2 | ||||
| NMC1112643 | GINGER #3 | ||||
| NMC1112644 | GINGER #4 | ||||
| NMC1112645 | GINGER #5 | ||||
| NMC1112646 | GINGER #6 | ||||
| NMC1112647 | GINGER #7 | ||||
| NMC1112648 | GINGER #8 | ||||
| NMC1112649 | GINGER #9 | ||||
| NMC1112650 | GINGER #10 | ||||
| NMC1112651 | GINGER #11 | ||||
| NMC1112652 | GINGER #12 | ||||
| NMC1112653 | GINGER #13 | ||||
| NMC1112654 | GINGER #14 | ||||
| NMC1112655 | GINGER #15 | ||||
| NMC1112656 | GINGER #16 | ||||
| NMC1112657 | GINGER #17 | ||||
| NMC1112658 | GINGER #18 | ||||
| NMC1112659 | GINGER #19 | ||||
BLM Serial Number | Claim Name | ||||
| NMC1112660 | GINGER #20 | ||||
| NMC1112661 | GINGER #21 | ||||
| NMC1112662 | GINGER #22 | ||||
| NMC1112663 | GINGER #23 | ||||
| NMC1112664 | GINGER #24 | ||||
| NMC1112665 | GINGER #25 | ||||
| NMC1112666 | GINGER #26 | ||||
| NMC1112667 | GINGER #27 | ||||
| NMC1112668 | GINGER #28 | ||||
| NMC1112669 | GINGER #29 | ||||
| NMC1112670 | GINGER #30 | ||||
| NMC1112671 | GINGER #31 | ||||
| NMC1112672 | GINGER #32 | ||||
| NMC1112673 | GINGER #33 | ||||
| NMC1112674 | GINGER #34 | ||||
| NMC1112675 | GINGER #35 | ||||
| NMC1112676 | GINGER #36 | ||||
| NMC1112677 | GINGER #37 | ||||
| NMC1112678 | GINGER #38 | ||||
| NMC1112679 | GINGER #39 | ||||
| NMC1112680 | GINGER #40 | ||||
| NMC1112681 | GINGER #41 | ||||
| NMC1112682 | GINGER #42 | ||||
| NMC1112683 | GINGER #43 | ||||
| NMC1112684 | GINGER #44 | ||||
| NMC1112685 | GINGER #45 | ||||
| NMC1112686 | GINGER #46 | ||||
| NMC362237 | LCL # 1 | ||||
| NMC362238 | LCL # 2 | ||||
| NMC362239 | LCL # 3 | ||||
| NMC362240 | LCL # 4 | ||||
| NMC362241 | LCL # 5 | ||||
| NMC362242 | LCL # 6 | ||||
| NMC362243 | LCL # 7 | ||||
| NMC362244 | LCL # 8 | ||||
| NMC362245 | LCL # 9 | ||||
| NMC362246 | LCL #10 | ||||
| NMC362247 | LCL #11 | ||||
| XXX000000 | LCL #12 | ||||
| NMC362249 | LCL #13 | ||||
| NMC362250 | LCL #14 | ||||
| NMC362251 | LCL #15 | ||||
| NMC362252 | LCL #16 | ||||
| NMC362253 | LCL #17 | ||||
| NMC362254 | LCL #18 | ||||
| XXX000000 | LCL #19 | ||||
| NMC362256 | LCL #20 | ||||
| NMC362257 | LCL #21 | ||||
BLM Serial Number | Claim Name | ||||
| NMC362258 | LCL #22 | ||||
| NMC362259 | LCL #23 | ||||
| NMC362260 | LCL #24 | ||||
| NMC362261 | LCL #25 | ||||
| NMC362262 | LCL #26 | ||||
| XXX000000 | LCL #27 | ||||
| NMC362264 | LCL #28 | ||||
| NMC362265 | LCL #29 | ||||
| NMC362266 | LCL #30 | ||||
| NMC362267 | LCL #31 | ||||
| NMC362268 | LCL #32 | ||||
| NMC362269 | LCL #33 | ||||
| NMC362270 | LCL #34 | ||||
| XXX000000 | LCL #35 | ||||
| NMC362272 | LCL #36 | ||||
| NMC684371 | EJM 1 | ||||
| NMC684372 | EJM 2 | ||||
| NMC684373 | EJM 3 | ||||
| NMC684374 | EJM 4 | ||||
| NMC684375 | EJM 5 | ||||
| NMC684376 | EJM 6 | ||||
| XXX000000 | EJM 7 | ||||
| NMC684378 | EJM 8 | ||||
| NMC684379 | EJM 9 | ||||
| NMC684380 | EJM 10 | ||||
| NMC684381 | EJM 11 | ||||
| NMC684382 | EJM 12 | ||||
| NMC408889 | AP # 1 | ||||
| NMC408890 | AP # 2 | ||||
| NMC408891 | AP # 3 | ||||
| XXX000000 | AP # 4 | ||||
| NMC408893 | AP # 5 | ||||
| NMC408894 | AP # 6 | ||||
| NMC408895 | AP # 7 | ||||
| NMC408896 | AP # 8 | ||||
| NMC408897 | AP # 9 | ||||
| NMC408898 | AP # 10 | ||||
| NMC408899 | AP # 11 | ||||
| XXX000000 | AP # 12 | ||||
| NMC408901 | AP # 13 | ||||
| NMC408902 | AP # 14 | ||||
| NMC408903 | AP # 15 | ||||
| NMC408904 | AP # 16 | ||||
| NMC408905 | AP # 17 | ||||
| NMC408906 | AP # 18 | ||||
| NMC632168 | AP 200 | ||||
| NMC632169 | AP 201 | ||||
| NMC632170 | AP 202 | ||||
BLM Serial Number | Claim Name | ||||
| NMC632172 | AP 204 | ||||
| NMC632173 | AP 205 | ||||
| NMC663238 | AP 207 | ||||
| NMC670367 | AP #9A | ||||
| XXX000000 | AP #10A | ||||
| NMC689220 | AP 1R | ||||
| NMC689221 | AP 3R | ||||
| NMC689222 | AP 202R | ||||
| NMC689223 | AP 204R | ||||
| NMC689224 | AP 205R | ||||
| NMC454061 | APTC # 1 | ||||
| NMC454062 | APTC # 2 | ||||
| NMC454063 | APTC # 3 | ||||
| NMC454064 | APTC # 4 | ||||
| NMC454065 | APTC # 5 | ||||
| NMC454066 | APTC # 6 | ||||
| NMC454067 | APTC # 7 | ||||
| NMC454068 | APTC # 8 | ||||
| NMC454069 | APTC # 9 | ||||
| NMC454070 | APTC # 10 | ||||
| NMC454071 | APTC # 11 | ||||
| NMC454072 | APTC # 12 | ||||
| NMC454073 | APTC # 13 | ||||
| NMC454074 | APTC # 14 | ||||
| NMC454075 | APTC # 15 | ||||
| NMC454076 | APTC # 16 | ||||
| NMC454077 | APTC # 17 | ||||
| XXX000000 | APTC # 18 | ||||
| NMC454079 | APTC # 19 | ||||
| NMC454080 | APTC # 20 | ||||
| NMC454081 | APTC # 21 | ||||
| NMC454082 | APTC # 22 | ||||
| NMC454083 | APTC # 23 | ||||
| NMC454084 | APTC # 24 | ||||
| NMC454085 | APTC # 25 | ||||
| XXX000000 | APTC # 26 | ||||
| NMC454087 | APTC # 27 | ||||
| NMC454088 | APTC # 28 | ||||
| NMC454089 | APTC # 29 | ||||
| NMC454090 | APTC # 30 | ||||
| NMC454091 | APTC # 31 | ||||
| NMC454092 | APTC # 32 | ||||
| NMC454093 | APTC # 33 | ||||
| XXX000000 | APTC # 34 | ||||
| NMC454095 | APTC # 35 | ||||
| NMC454096 | APTC # 36 | ||||
| NMC918807 | PEG 1 | ||||
| NMC918808 | PEG 2 | ||||
BLM Serial Number | Claim Name | ||||
| XXX000000 | PEG 3 | ||||
| NMC918810 | PEG 4 | ||||
| NMC918811 | PEG 5 | ||||
| NMC918812 | PEG 6 | ||||
| NMC918813 | PEG 7 | ||||
| NMC918814 | PEG 8 | ||||
| NMC918815 | PEG 9 | ||||
| NMC918816 | PEG 10 | ||||
| XXX000000 | PEG 11 | ||||
| NMC918818 | PEG 12 | ||||
| NMC918819 | PEG 13 | ||||
| NMC918820 | PEG 14 | ||||
| NMC918821 | PEG 15 | ||||
| NMC918822 | PEG 16 | ||||
| NMC918823 | PEG 17 | ||||
| NMC918824 | PEG 18 | ||||
| XXX000000 | PEG 19 | ||||
| NMC918826 | PEG 20 | ||||
| XXX000000 | TCL # 1 | ||||
| NMC216403 | TCL # 2 | ||||
| NMC216404 | TCL # 3 | ||||
| NMC216405 | TCL # 4 | ||||
| NMC216406 | TCL # 5 | ||||
| NMC216407 | TCL # 6 | ||||
| NMC216408 | TCL # 7 | ||||
| NMC216409 | TCL # 8 | ||||
| XXX000000 | TCL # 9 | ||||
| NMC216411 | TCL # 10 | ||||
| NMC216412 | TCL # 11 | ||||
| NMC216413 | TCL # 12 | ||||
| NMC216414 | TCL # 13 | ||||
| NMC216415 | TCL # 14 | ||||
| NMC216416 | TCL # 15 | ||||
| NMC216417 | TCL # 16 | ||||
| NMC216418 | TCL # 17 | ||||
| NMC216419 | TCL # 18 | ||||
| NMC216420 | TCL # 19 | ||||
| NMC216421 | TCL # 20 | ||||
| NMC216422 | TCL # 21 | ||||
| NMC216423 | TCL # 22 | ||||
| NMC216424 | TCL # 23 | ||||
| NMC216425 | TCL # 24 | ||||
| NMC216426 | TCL # 25 | ||||
| NMC216427 | TCL # 26 | ||||
| XXX000000 | TCL # 27 | ||||
| NMC216429 | TCL # 28 | ||||
| NMC216430 | TCL # 29 | ||||
| NMC216431 | TCL # 30 | ||||
BLM Serial Number | Claim Name | ||||
| NMC216432 | TCL # 31 | ||||
| NMC216433 | TCL # 32 | ||||
| NMC216434 | TCL # 33 | ||||
| NMC216435 | TCL # 34 | ||||
| XXX000000 | XXXX # 1 | ||||
| NMC643210 | XXXX # 2 | ||||
| NMC643211 | XXXX # 3 | ||||
| NMC643212 | XXXX # 4 | ||||
| NMC408907 | AP # 37 | ||||
| NMC408908 | AP # 38 | ||||
| NMC408909 | AP # 39 | ||||
| NMC408910 | AP # 40 | ||||
| NMC408911 | AP # 41 | ||||
| NMC408912 | AP # 42 | ||||
| NMC408913 | AP # 43 | ||||
| NMC408914 | AP # 44 | ||||
| NMC408915 | AP # 45 | ||||
| NMC408916 | AP # 46 | ||||
| NMC408917 | AP # 47 | ||||
| XXX000000 | AP # 48 | ||||
| NMC408919 | AP # 49 | ||||
| NMC408920 | AP # 50 | ||||
| NMC408921 | AP # 51 | ||||
| NMC408922 | AP # 52 | ||||
| NMC408923 | AP # 53 | ||||
| NMC408924 | AP # 54 | ||||
| NMC933184 | CALF 1 | ||||
| NMC933185 | CALF 2 | ||||
| NMC933186 | CALF 3 | ||||
| NMC933187 | CALF 4 | ||||
| XXX000000 | CALF 5 | ||||
| NMC933189 | CALF 6 | ||||
| NMC933190 | CALF 7 | ||||
| NMC933191 | CALF 8 | ||||
| NMC933192 | CALF 9 | ||||
| NMC933193 | CALF 10 | ||||
| NMC933194 | CALF 11 | ||||
| NMC933195 | CALF 12 | ||||
| XXX000000 | CALF 13 | ||||
| NMC933197 | CALF 14 | ||||
| NMC933198 | CALF 15 | ||||
| NMC933199 | CALF 16 | ||||
| NMC933200 | CALF 17 | ||||
| NMC933201 | CALF 18 | ||||
| XXX000000 | CALF 19 | ||||
| NMC952353 | CALF 20 | ||||
| NMC952354 | CALF 21 | ||||
| NMC952355 | CALF 22 | ||||
BLM Serial Number | Claim Name | ||||
| NMC952356 | CALF 23 | ||||
| NMC952357 | CALF 24 | ||||
| NMC952358 | CALF 25 | ||||
| NMC952359 | CALF 26 | ||||
| XXX000000 | CALF 27 | ||||
| NMC952361 | CALF 28 | ||||
| NMC952362 | CALF 29 | ||||
| NMC952363 | CALF 30 | ||||
| NMC952364 | CALF 31 | ||||
| NMC952365 | CALF 32 | ||||
| NMC952366 | CALF 33 | ||||
| NMC952367 | CALF 34 | ||||
| NMC952368 | CALF 35 | ||||
| NMC952369 | CALF 36 | ||||
| NMC398105 | FOR # 1 | ||||
| NMC398106 | FOR # 2 | ||||
| NMC398107 | FOR # 3 | ||||
| NMC398108 | FOR # 4 | ||||
| NMC398109 | FOR # 5 | ||||
| NMC398110 | FOR # 6 | ||||
| NMC398111 | FOR # 7 | ||||
| NMC398112 | FOR # 8 | ||||
| NMC556959 | RCL #173 | ||||
| NMC556960 | RCL #174 | ||||
| NMC556961 | RCL #175 | ||||
| NMC556962 | RCL #176 | ||||
| XXX000000 | RCL #177 | ||||
| NMC663239 | FORTOO 1 | ||||
| NMC663240 | FORTOO 2 | ||||
| NMC663241 | FORTOO 3 | ||||
| NMC663242 | FORTOO 4 | ||||
| NMC663243 | FORTOO 5 | ||||
| NMC663244 | FORTOO 6 | ||||
| NMC663245 | FORTOO 7 | ||||
| NMC663248 | FORTOO 10 | ||||
| XXX000000 | FORTOO 11 | ||||
| NMC663250 | FORTOO 12 | ||||
| NMC663251 | FORTOO 13 | ||||
| NMC663252 | FORTOO 14 | ||||
| NMC663253 | FORTOO 15 | ||||
| NMC672352 | FORTOO NO 16 | ||||
| NMC672353 | FORTOO NO 17 | ||||
| NMC812860 | FORTOO 18 | ||||
| XXX000000 | FORTOO 19 | ||||
| NMC409749 | XXXXX # 4 | ||||
| NMC409750 | XXXXX # 6 | ||||
| NMC409751 | XXXXX # 8 | ||||
| NMC409752 | XXXXX # 10 | ||||
BLM Serial Number | Claim Name | ||||
| NMC479550 | XXXXX # 1 | ||||
| NMC479551 | XXXXX # 3 | ||||
| NMC479552 | XXXXX # 5 | ||||
| NMC479553 | XXXXX # 7 | ||||
| NMC479569 | FOR # 9 | ||||
| XXX000000 | FOR # 10 | ||||
| NMC479571 | FOR # 11 | ||||
| NMC479572 | FOR # 12 | ||||
| NMC409744 | PEG #2 | ||||
| NMC409745 | PEG#4 | ||||
| NMC409746 | PEG#6 | ||||
| NMC409747 | PEG#8 | ||||
| NMC409748 | PEG#10 | ||||
| XXX000000 | PEG#1 | ||||
| NMC479555 | PEG#3 | ||||
| NMC479556 | PEG#5 | ||||
| NMC479557 | PEG#7 | ||||
| NMC479558 | PEG#9 | ||||
| NMC639278 | WP 1 | ||||
| NMC639279 | WP 2 | ||||
| XXX000000 | WP 3 | ||||
| NMC639281 | WP 4 | ||||
| NMC639282 | HGS #37 | ||||
| NMC639283 | HGS #38 | ||||
| NMC639284 | HGS #39 | ||||
| NMC639285 | HGS #40 | ||||
| NMC639286 | HGS #41 | ||||
| NMC639287 | HGS #42 | ||||
| NMC639288 | HGS #43 | ||||
| NMC639289 | HGS #44 | ||||
| NMC639290 | HGS #45 | ||||
| NMC639291 | HGS #46 | ||||
| NMC639292 | HGS #47 | ||||
| NMC639293 | HGS #48 | ||||
| NMC639294 | HGS #49 | ||||
| NMC639295 | HGS #50 | ||||
| NMC639296 | HGS #51 | ||||
| NMC639297 | HGS #52 | ||||
| XXX000000 | HGS #53 | ||||
| NMC639299 | HGS #54 | ||||
| NMC639300 | HGS #55 | ||||
| NMC639301 | HGS #56 | ||||
| NMC639318 | HGS #284 | ||||
| NMC639319 | HGS #285 | ||||
| NMC639320 | HGS #286 | ||||
| NMC639321 | HGS #288 | ||||
| XXX000000 | HGS #289 | ||||
| NMC639323 | HGS #290 | ||||
BLM Serial Number | Claim Name | ||||
| NMC639324 | HGS #292 | ||||
| NMC639325 | HGS #293 | ||||
| NMC639326 | HGS #294 | ||||
| NMC639327 | HGS #296 | ||||
| NMC1001050 | NP 1 | ||||
| NMC1001051 | NP 2 | ||||
| NMC1001052 | NP 3 | ||||
| NMC1001053 | NP 4 | ||||
| NMC1001054 | NP 5 | ||||
| NMC1001055 | NP 6 | ||||
| NMC1001056 | NP 7 | ||||
| NMC1001057 | NP 8 | ||||
| NMC1001058 | NP 9 | ||||
| NMC1001059 | NP 10 | ||||
| NMC1001060 | NP 11 | ||||
| NMC1001061 | NP 12 | ||||
| NMC1001062 | NP 13 | ||||
| NMC1001063 | NP 14 | ||||
| NMC1001064 | NP 15 | ||||
| NMC1001065 | NP 16 | ||||
| NMC1001066 | NP 17 | ||||
| NMC976967 | FAIR 1 | ||||
| NMC976968 | FAIR 2 | ||||
| NMC728801 | FM 97 | ||||
| XXX000000 | FM 98 | ||||
| NMC728803 | FM 99 | ||||
| NMC728804 | FM 100 | ||||
| NMC728805 | FM 101 | ||||
| NMC728806 | FM 102 | ||||
| NMC728807 | FM 103 | ||||
| NMC728808 | FM 104 | ||||
| NMC728809 | FM 105 | ||||
| XXX000000 | FM 106 | ||||
| NMC728811 | FM 107 | ||||
| NMC728812 | FM 108 | ||||
| NMC541227 | PF # 19 | ||||
| NMC541228 | PF # 20 | ||||
| NMC541229 | PF # 21 | ||||
| NMC541230 | PF # 22 | ||||
| NMC541231 | PF # 23 | ||||
| NMC541232 | PF # 24 | ||||
| NMC541233 | PF # 25 | ||||
| NMC541234 | PF # 26 | ||||
| NMC541235 | PF # 27 | ||||
| NMC541236 | PF # 28 | ||||
| NMC541237 | PF # 29 | ||||
| NMC541238 | PF # 30 | ||||
| XXX000000 | PF # 31 | ||||
BLM Serial Number | Claim Name | ||||
| NMC541240 | PF # 32 | ||||
| NMC541241 | PF # 33 | ||||
| NMC541242 | PF # 34 | ||||
| NMC541243 | PF # 35 | ||||
| NMC541244 | PF # 36 | ||||
| NMC541245 | PF # 37 | ||||
| NMC541246 | PF # 38 | ||||
| XXX000000 | PF # 39 | ||||
| NMC541248 | PF # 40 | ||||
| NMC541249 | PF # 41 | ||||
| NMC541250 | PF # 42 | ||||
| NMC541251 | PF # 43 | ||||
| NMC541252 | PF # 44 | ||||
| NMC541253 | PF # 45 | ||||
| XXX000000 | PF # 46 | ||||
| NMC541255 | PF # 47 | ||||
| NMC415697 | HGS # 305 | ||||
| NMC415698 | HGS # 306 | ||||
| NMC415702 | HGS # 310 | ||||
| NMC415703 | HGS # 311 | ||||
| NMC541209 | PF # 1 | ||||
| NMC541210 | PF # 2 | ||||
| NMC541211 | PF # 3 | ||||
| NMC541212 | PF # 4 | ||||
| XXX000000 | PF # 5 | ||||
| NMC541214 | PF # 6 | ||||
| NMC541215 | PF # 7 | ||||
| NMC541216 | PF # 8 | ||||
| NMC541217 | PF # 9 | ||||
| NMC541218 | PF # 10 | ||||
| NMC541219 | PF # 11 | ||||
| NMC541220 | PF # 12 | ||||
| XXX000000 | PF # 13 | ||||
| NMC541222 | PF # 14 | ||||
| NMC541223 | PF # 15 | ||||
| NMC541224 | PF # 16 | ||||
| NMC541225 | PF # 17 | ||||
| NMC541226 | PF # 18 | ||||
| XXX000000 | CAPE #1 | ||||
| NMC639208 | CAPE #2 | ||||
| NMC639209 | CAPE #3 | ||||
| NMC639210 | CAPE #4 | ||||
| NMC639211 | CAPE #5 | ||||
| NMC639212 | CAPE #6 | ||||
| NMC639213 | CAPE #7 | ||||
| NMC639214 | CAPE #8 | ||||
| XXX000000 | CAPE #9 | ||||
| NMC639216 | CAPE #10 | ||||
BLM Serial Number | Claim Name | ||||
| NMC639217 | CAPE #11 | ||||
| NMC639218 | CAPE #12 | ||||
| NMC639219 | CAPE #13 | ||||
| NMC639220 | CAPE #14 | ||||
| NMC639221 | CAPE #15 | ||||
| NMC639222 | CAPE #16 | ||||
| XXX000000 | CAPE #17 | ||||
| NMC639224 | CAPE #18 | ||||
| NMC639225 | CAPE #19 | ||||
| NMC639226 | CAPE #20 | ||||
| NMC639227 | CAPE #21 | ||||
| NMC639228 | CAPE #22 | ||||
| NMC639229 | CAPE #23 | ||||
| NMC639230 | CAPE #24 | ||||
| XXX000000 | CAPE #25 | ||||
| NMC639232 | CAPE #26 | ||||
| NMC639233 | CAPE #27 | ||||
| NMC639234 | CAPE #28 | ||||
| NMC639235 | CAPE #29 | ||||
| NMC639236 | CAPE #30 | ||||
| NMC639237 | CAPE #31 | ||||
| NMC639238 | CAPE #32 | ||||
| NMC639239 | CAPE #33 | ||||
| NMC639240 | CAPE #34 | ||||
| NMC639241 | CAPE #35 | ||||
| NMC639242 | CAPE #36 | ||||
| NMC639243 | CAPE #37 | ||||
| NMC639244 | CAPE #38 | ||||
| NMC639245 | CAPE #39 | ||||
| NMC639246 | CAPE #40 | ||||
| NMC639247 | CAPE #41 | ||||
| NMC639248 | CAPE #42 | ||||
| XXX000000 | CAPE #43 | ||||
| NMC639250 | CAPE #44 | ||||
| NMC639251 | CAPE #45 | ||||
| NMC639252 | CAPE #46 | ||||
| NMC639253 | CAPE #47 | ||||
| NMC639254 | CAPE #48 | ||||
| NMC639255 | CAPE #49 | ||||
| XXX000000 | CAPE #50 | ||||
| NMC639257 | CAPE #51 | ||||
| NMC639258 | CAPE #52 | ||||
| NMC639259 | CAPE #53 | ||||
| NMC639260 | CAPE #54 | ||||
| NMC639261 | CAPE #55 | ||||
| NMC639262 | CAPE #56 | ||||
| NMC639263 | CAPE #57 | ||||
| XXX000000 | CAPE #58 | ||||
BLM Serial Number | Claim Name | ||||
| NMC639265 | CAPE #59 | ||||
| NMC639266 | CAPE #78 | ||||
| NMC639267 | CAPE #79 | ||||
| NMC639268 | CAPE #80 | ||||
| NMC639271 | CAPE #83 | ||||
| XXX000000 | CAPE #84 | ||||
| NMC639273 | CAPE #85 | ||||
| NMC639274 | CAPE #86 | ||||
| NMC639275 | CAPE #87 | ||||
| NMC639276 | CAPE #88 | ||||
| NMC639277 | CAPE #89 | ||||
| NMC639365 | MAG #47 | ||||
| NMC639366 | MAG #48 | ||||
| NMC639367 | MAG #49 | ||||
| NMC639368 | MAG #50 | ||||
| NMC639369 | MAG #51 | ||||
| NMC639370 | MAG #52 | ||||
| XXX000000 | MAG #53 | ||||
| NMC639372 | MAG #54 | ||||
| NMC639373 | MAG #55 | ||||
| NMC639374 | MAG #56 | ||||
| NMC639375 | MAG #57 | ||||
| NMC639376 | MAG #58 | ||||
| NMC639377 | MAG #59 | ||||
| NMC639378 | MAG #60 | ||||
| NMC639379 | MAG #61 | ||||
| NMC639380 | MAG #62 | ||||
| NMC639381 | MAG #63 | ||||
| NMC639382 | MAG #64 | ||||
| NMC1192488 | XXXXXX 1 | ||||
| NMC1192489 | XXXXXX 2 | ||||
| NMC1192490 | XXXXXX 3 | ||||
| NMC1192491 | XXXXXX 4 | ||||
| NMC1192492 | XXXXXX 5 | ||||
| NMC1192493 | XXXXXX 6 | ||||
| NMC1192494 | XXXXXX 7 | ||||
| NMC1192495 | XXXXXX 8 | ||||
| NMC1192496 | XXXXXXX 1 | ||||
| NMC1192497 | XXXXXXX 2 | ||||
| NMC1192498 | XXXXXXX 3 | ||||
| NMC1192499 | XXXX 1 | ||||
| NMC1192500 | XXXX 2 | ||||
| NMC1192501 | XXXX 3 | ||||
| NMC1192502 | XXXX 4 | ||||
| NMC1192503 | XXXX 5 | ||||
| NMC1192504 | XXXX 6 | ||||
| NMC1192505 | XXXX 7 | ||||
| NMC1192506 | XXXX 8 | ||||
BLM Serial Number | Claim Name | ||||
| NMC1192507 | XXXX 9 | ||||
| NMC1192508 | XXXX 10 | ||||
| NMC1192509 | XXXX 11 | ||||
| NMC1192510 | XXXX 12 | ||||
| NMC1192511 | XXXX 13 | ||||
| NMC1192512 | XXXX 14 | ||||
| NMC1192513 | XXXX 15 | ||||
| NMC1192514 | XXXX 16 | ||||
| NMC1192515 | XXXX 17 | ||||
| NMC1192516 | XXXX 18 | ||||
| NMC1192517 | TBJ 8A | ||||
| NMC1192518 | TBJ 9A | ||||
Leased Unpatented Mining Claims
1.Xxxxxx Lease
The Xxxxxx Lease provides for the lease of the following 170 unpatented mining claims generally located in § 24, T.33N., R.42E. and §§ 6, 18, 19, 20 and 30, T.33N., R.43E., Humboldt County, Nevada (noting that the E1/2NW1/4 of § 30, T.33N., R.43E. is owned by Marigold Mining Company. See item 9(b) above under the heading “Owned Real Property”):
af.Red and Kit Unpatented Mining Claims (161 claims)
BLM Serial Number | Claim Name | ||||
| NMC48409 | RED # 21 | ||||
| NMC48410 | RED # 22 | ||||
| NMC48411 | RED # 23 | ||||
| NMC48412 | RED # 24 | ||||
| NMC48415 | RED # 27 | ||||
| NMC48416 | RED # 28 | ||||
| NMC48417 | RED # 29 | ||||
| NMC48418 | RED # 30 | ||||
| NMC48419 | RED # 31 | ||||
| NMC48420 | RED # 32 | ||||
| NMC48421 | RED # 33 | ||||
| NMC48422 | RED # 34 | ||||
| NMC48423 | RED # 35 | ||||
| NMC48424 | RED # 36 | ||||
| NMC48425 | RED # 37 | ||||
| NMC48426 | RED # 38 | ||||
| NMC56187 | RED # 39 | ||||
| NMC56188 | RED # 40 | ||||
| NMC56189 | RED # 41 | ||||
| NMC56190 | RED # 42 | ||||
| NMC56191 | RED # 43 | ||||
| NMC56192 | RED # 44 | ||||
| NMC56193 | RED # 45 | ||||
| NMC56194 | RED # 46 | ||||
BLM Serial Number | Claim Name | ||||
| NMC56195 | RED # 47 | ||||
| NMC56196 | RED # 48 | ||||
| NMC56197 | RED # 49 | ||||
| NMC56198 | RED # 50 | ||||
| NMC56199 | RED # 52 | ||||
| NMC56200 | RED # 53 | ||||
| NMC56201 | RED # 54 | ||||
| NMC56202 | RED # 55 | ||||
| NMC56203 | RED # 56 | ||||
| NMC56204 | RED # 57 | ||||
| NMC56205 | RED # 58 | ||||
| NMC56206 | RED # 59 | ||||
| NMC56207 | RED # 60 | ||||
| NMC56208 | RED # 61 | ||||
| NMC56209 | RED # 62 | ||||
| NMC56210 | RED # 63 | ||||
| NMC56211 | RED # 64 | ||||
| NMC56212 | RED # 65 | ||||
| NMC56213 | RED # 66 | ||||
| NMC56214 | RED # 67 | ||||
| NMC56215 | RED # 68 | ||||
| NMC56216 | RED # 69 | ||||
| NMC271665 | RED #201 | ||||
| NMC271666 | RED #202 | ||||
| NMC271667 | RED #203 | ||||
| NMC271668 | RED #204 | ||||
| NMC271669 | RED #205 | ||||
| XXX000000 | RED #206 | ||||
| NMC271671 | RED #207 | ||||
| NMC271672 | RED #208 | ||||
| NMC271673 | RED #209 | ||||
| NMC271674 | RED #210 | ||||
| NMC271675 | RED #211 | ||||
| NMC271676 | RED #212 | ||||
| NMC271677 | RED #213 | ||||
| NMC271678 | RED #214 | ||||
| NMC271679 | RED #215 | ||||
| NMC271680 | RED #216 | ||||
| NMC271681 | RED #217 | ||||
| NMC271682 | RED #218 | ||||
| NMC271683 | RED #219 | ||||
| NMC271684 | RED #220 | ||||
| NMC271685 | RED #221 | ||||
| NMC271686 | RED #222 | ||||
| NMC271687 | RED #223 | ||||
| XXX000000 | RFD #224 | ||||
| NMC271689 | RED #601 | ||||
| NMC271690 | RED #602 | ||||
BLM Serial Number | Claim Name | ||||
| NMC271691 | RED #603 | ||||
| NMC271692 | RED #604 | ||||
| NMC271693 | RED #605 | ||||
| NMC271694 | RED #606 | ||||
| NMC271695 | RED #607 | ||||
| XXX000000 | RED #608 | ||||
| NMC271697 | RED #609 | ||||
| NMC271698 | RED #610 | ||||
| NMC271699 | RED #611 | ||||
| NMC271700 | RED #612 | ||||
| NMC271701 | RED #613 | ||||
| NMC271702 | RED #614 | ||||
| NMC271703 | RED #615 | ||||
| XXX000000 | RED #616 | ||||
| NMC271705 | RED #617 | ||||
| NMC271706 | RED #618 | ||||
| NMC271707 | RED #619 | ||||
| NMC271708 | RED #620 | ||||
| NMC271709 | RED #621 | ||||
| NMC271710 | RED #622 | ||||
| NMC271711 | RED #623 | ||||
| XXX000000 | RED #624 | ||||
| NMC271713 | RED #625 | ||||
| NMC271714 | RED #626 | ||||
| NMC271715 | RED #627 | ||||
| NMC271716 | RED #628 | ||||
| NMC365642 | KIT # 1 | ||||
| NMC365643 | KIT # 2 | ||||
| NMC365644 | KIT # 3 | ||||
| NMC365645 | KIT # 4 | ||||
| NMC365646 | KIT # 5 | ||||
| XXX000000 | KIT # 6 | ||||
| NMC365648 | KIT # 7 | ||||
| NMC365649 | KIT # 8 | ||||
| NMC365650 | KIT # 9 | ||||
| NMC365651 | KIT # 10 | ||||
| NMC365652 | KIT # 11 | ||||
| NMC365653 | KIT # 12 | ||||
| XXX000000 | KIT # 13 | ||||
| NMC365655 | KIT # 14 | ||||
| NMC365656 | KIT # 15 | ||||
| NMC365657 | KIT # 16 | ||||
| NMC365658 | KIT # 17 | ||||
| NMC365659 | KIT # 18 | ||||
| NMC365660 | KIT # 19 | ||||
| NMC365661 | KIT # 20 | ||||
| XXX000000 | KIT # 21 | ||||
| NMC365663 | KIT # 22 | ||||
BLM Serial Number | Claim Name | ||||
| NMC365664 | KIT # 23 | ||||
| NMC365665 | KIT # 24 | ||||
| NMC365666 | KIT # 25 | ||||
| NMC365667 | KIT # 26 | ||||
| NMC365668 | KIT # 27 | ||||
| NMC365669 | KIT # 28 | ||||
| XXX000000 | KIT # 29 | ||||
| NMC365671 | KIT # 30 | ||||
| NMC365672 | KIT # 31 | ||||
| NMC365673 | KIT # 32 | ||||
| NMC365674 | KIT # 33 | ||||
| NMC365675 | KIT # 34 | ||||
| NMC365676 | KIT # 35 | ||||
| NMC365677 | KIT # 36 | ||||
| NMC678030 | RED 1801A | ||||
| XXX000000 | RED 1802A | ||||
| NMC678032 | RED 1803A | ||||
| NMC678033 | RED 1804A | ||||
| NMC678034 | RED 1805A | ||||
| NMC678035 | RED 1806A | ||||
| NMC678036 | RED 1807A | ||||
| NMC678037 | RED 1808A | ||||
| NMC678038 | RED 1809A | ||||
| NMC678039 | RED 1810A | ||||
| NMC678040 | RED 1811A | ||||
| NMC678041 | RED 1812A | ||||
| NMC678042 | RED 1813A | ||||
| NMC678043 | RED 1814A | ||||
| NMC678044 | RED 1815A | ||||
| NMC678045 | RED 1816A | ||||
| NMC678046 | RED 1817A | ||||
| NMC678047 | RED 1818A | ||||
| NMC678055 | RED 1826A | ||||
| XXX000000 | RED 1827A | ||||
| NMC678057 | RED 1828A | ||||
| NMC678058 | RED 1829A | ||||
| NMC678059 | RED 1830A | ||||
| NMC678060 | RED 1831A | ||||
| NMC678061 | RED 1832A | ||||
| NMC678062 | RED 1833A | ||||
| NMC678063 | RED 1834A | ||||
ag.Red #23A Unpatented Mining Claim
BLM Serial Number | Claim Name | ||||
| NMC552226 | RED # 23A | ||||
ah.Red #24A Unpatented Mining Claim
BLM Serial Number | Claim Name | ||||
| NMC552227 | RED # 24A | ||||
ai.Nured Unpatented Mining Claims (7 claims)
BLM Serial Number | Claim Name | ||||
| NMC871541 | NURED 1819 | ||||
| NMC871542 | NURED 1820 | ||||
| NMC871543 | NURED 1821 | ||||
| NMC871544 | NURED 1822 | ||||
| XXX000000 | NURED 1823 | ||||
| NMC871546 | NURED 1824 | ||||
| NMC871547 | NURED 1825 | ||||
2.Vek and Xxxxxx Lease
The Vek and Xxxxxx Lease provides for the lease of the following 205 unpatented mining claims and unpatented millsite claims generally located in § 36, T.33N., R.42E.; § 6, T.32N., R.43E.; § 8, T.33N., R.43E.; and §§ 30 and 32, T.34N., R.44E., Humboldt County, Nevada:
aj.COT and VAL Unpatented Mining Claims (134 claims)
BLM Serial Number | Claim Name | ||||
| NMC271972 | COT # 1 | ||||
| NMC271973 | COT # 2 | ||||
| NMC271974 | COT # 3 | ||||
| NMC271975 | COT # 4 | ||||
| NMC271976 | COT # 5 | ||||
| XXX000000 | COT # 6 | ||||
| NMC271978 | COT # 7 | ||||
| NMC271979 | COT # 8 | ||||
| NMC271980 | COT # 9 | ||||
| NMC271981 | COT # 10 | ||||
| NMC271982 | COT # 11 | ||||
| NMC271983 | COT # 12 | ||||
| NMC271984 | COT # 13 | ||||
| XXX000000 | COT # 14 | ||||
| NMC271986 | COT # 15 | ||||
| NMC271987 | COT # 16 | ||||
| NMC271988 | COT # 17 | ||||
| NMC271989 | COT # 18 | ||||
| NMC271990 | COT # 19 | ||||
| NMC271991 | COT # 20 | ||||
| NMC271992 | COT # 21 | ||||
| XXX000000 | COT # 22 | ||||
| NMC271994 | COT # 23 | ||||
| NMC271995 | COT # 24 | ||||
| NMC271996 | COT # 25 | ||||
BLM Serial Number | Claim Name | ||||
| NMC271997 | COT # 26 | ||||
| NMC271998 | COT # 27 | ||||
| NMC271999 | COT # 28 | ||||
| NMC272000 | COT # 29 | ||||
| NMC272001 | COT # 30 | ||||
| NMC272002 | COT # 31 | ||||
| NMC272003 | COT # 32 | ||||
| NMC272004 | COT # 33 | ||||
| NMC272005 | COT # 34 | ||||
| NMC272006 | COT # 35 | ||||
| NMC272007 | COT # 36 | ||||
| NMC275733 | COT # 38 | ||||
| NMC275750 | COT # 55 | ||||
| NMC275751 | COT # 56 | ||||
| NMC275752 | COT # 57 | ||||
| NMC275753 | COT # 58 | ||||
| NMC275755 | COT # 60 | ||||
| NMC275757 | COT # 62 | ||||
| NMC275759 | COT # 64 | ||||
| NMC275760 | COT # 65 | ||||
| NMC275761 | COT # 66 | ||||
| XXX000000 | COT # 67 | ||||
| NMC275763 | COT # 68 | ||||
| NMC275764 | COT # 69 | ||||
| NMC275765 | COT # 70 | ||||
| NMC275766 | COT # 71 | ||||
| NMC275767 | COT # 72 | ||||
| NMC342068 | COT #73 | ||||
| NMC342069 | COT #74 | ||||
| NMC342070 | COT #75 | ||||
| NMC342071 | COT #76 | ||||
| NMC297554 | VAL # 1 | ||||
| NMC297555 | VAL # 2 | ||||
| NMC297556 | VAL # 3 | ||||
| NMC297557 | VAL # 4 | ||||
| NMC297558 | VAL # 5 | ||||
| NMC297559 | VAL # 6 | ||||
| NMC297560 | VAL # 7 | ||||
| NMC297561 | VAL # 8 | ||||
| NMC297562 | VAL # 9 | ||||
| NMC297563 | VAL # 10 | ||||
| NMC297564 | VAL # 11 | ||||
| NMC297565 | VAL # 12 | ||||
| NMC297566 | VAL # 13 | ||||
| NMC297567 | VAL # 14 | ||||
| XXX000000 | VAL # 15 | ||||
| NMC297569 | VAL # 16 | ||||
| NMC297570 | VAL # 17 | ||||
BLM Serial Number | Claim Name | ||||
| NMC297571 | VAL # 18 | ||||
| NMC347463 | VAL # 19 | ||||
| NMC347464 | VAL # 20 | ||||
| NMC347465 | VAL # 21 | ||||
| NMC347466 | VAL # 22 | ||||
| NMC347467 | VAL # 23 | ||||
| NMC347468 | VAL # 24 | ||||
| NMC347469 | VAL # 25 | ||||
| XXX000000 | VAL # 26 | ||||
| NMC347471 | VAL # 27 | ||||
| NMC347472 | VAL # 28 | ||||
| NMC347473 | VAL # 29 | ||||
| NMC347474 | VAL # 30 | ||||
| NMC347475 | VAL # 31 | ||||
| NMC297572 | VAL # 37 | ||||
| NMC297573 | VAL # 38 | ||||
| NMC297574 | VAL # 39 | ||||
| NMC297575 | VAL # 40 | ||||
| XXX000000 | VAL # 41 | ||||
| NMC297577 | VAL # 42 | ||||
| NMC297578 | VAL # 43 | ||||
| NMC297579 | VAL # 44 | ||||
| NMC297580 | VAL # 45 | ||||
| NMC297581 | VAL # 46 | ||||
| NMC297582 | VAL # 47 | ||||
| NMC297583 | VAL # 48 | ||||
| XXX000000 | VAL # 49 | ||||
| NMC297585 | VAL # 50 | ||||
| NMC297586 | VAL # 51 | ||||
| NMC297587 | VAL # 52 | ||||
| NMC297588 | VAL # 53 | ||||
| NMC297589 | VAL # 54 | ||||
| NMC297590 | VAL # 55 | ||||
| NMC297591 | VAL # 56 | ||||
| XXX000000 | VAL # 57 | ||||
| NMC297593 | VAL # 58 | ||||
| NMC297594 | VAL # 59 | ||||
| NMC297595 | VAL # 60 | ||||
| NMC297596 | VAL # 61 | ||||
| NMC297597 | VAL # 62 | ||||
| NMC297598 | VAL # 63 | ||||
| NMC297599 | VAL # 64 | ||||
| XXX000000 | VAL # 65 | ||||
| NMC297601 | VAL # 66 | ||||
| NMC297602 | VAL # 67 | ||||
| NMC297603 | VAL # 68 | ||||
| NMC297604 | VAL # 69 | ||||
| NMC297605 | VAL # 70 | ||||
BLM Serial Number | Claim Name | ||||
| NMC297606 | VAL # 71 | ||||
| NMC297607 | VAL # 72 | ||||
| NMC361164 | COT FRAC # 1 | ||||
| NMC361165 | COT FRAC # 2 | ||||
| XXX000000 | COT FRAC # 3 | ||||
| NMC361167 | COT FRAC # 4 | ||||
| NMC361168 | COT FRAC # 5 | ||||
| NMC361169 | COT FRAC # 6 | ||||
| NMC361170 | COT FRAC # 7 | ||||
| NMC361171 | COT FRAC # 8 | ||||
| NMC361172 | COT FRAC # 9 | ||||
| NMC371559 | COT # 75A | ||||
| NMC371560 | COT # 76A | ||||
ak.RECOT Unpatented Mining Claims and GMMCMS Unpatented Millsite Claims (71 claims) (* denotes millsite claims)
BLM Serial Number | Claim Name | ||||
| NMC822614 | RECOT 37 | ||||
| NMC822615 | RECOT 39 | ||||
| NMC822616 | RECOT 40 | ||||
| NMC822617 | RECOT 41 | ||||
| NMC822618 | RECOT 42 | ||||
| NMC822619 | RECOT 43 | ||||
| NMC822620 | RECOT 45 | ||||
| XXX000000 | RECOT 47 | ||||
| NMC822622 | RECOT 50 | ||||
| NMC822623 | RECOT 51 | ||||
| NMC822624 | RECOT 52 | ||||
| NMC822625 | RECOT 53 | ||||
| NMC822626 | RECOT 54 | ||||
| NMC822627 | RECOT 59 | ||||
| NMC822628 | RECOT 61 | ||||
| NMC822629 | RECOT 63 | ||||
| NMC822630 | RECOT 63B | ||||
NMC822560 * | GMMCMS 1 | ||||
NMC822561 * | GMMCMS 2 | ||||
NMC822562 * | GMMCMS 3 | ||||
XXX000000 * | GMMCMS 4 | ||||
NMC822564 * | GMMCMS 5 | ||||
NMC822565 * | GMMCMS 6 | ||||
NMC822566 * | GMMCMS 7 | ||||
NMC822567 * | GMMCMS 8 | ||||
NMC822568 * | GMMCMS 9 | ||||
NMC822569 * | GMMCMS 10 | ||||
NMC822570 * | GMMCMS 11 | ||||
XXX000000 * | GMMCMS 12 | ||||
NMC822572 * | GMMCMS 13 | ||||
BLM Serial Number | Claim Name | ||||
NMC822573 * | GMMCMS 14 | ||||
NMC822574 * | GMMCMS 15 | ||||
NMC822575 * | GMMCMS 16 | ||||
NMC822576 * | GMMCMS 17 | ||||
NMC822577 * | GMMCMS 18 | ||||
NMC822578 * | GMMCMS 19 | ||||
NMC822579 * | GMMCMS 20 | ||||
NMC822580 * | GMMCMS 21 | ||||
NMC822581 * | GMMCMS 22 | ||||
NMC822582 * | GMMCMS 23 | ||||
NMC822583 * | GMMCMS 24 | ||||
NMC822584 * | GMMCMS 25 | ||||
NMC822585 * | GMMCMS 26 | ||||
NMC822586 * | GMMCMS 27 | ||||
NMC822587 * | GMMCMS 28 | ||||
NMC822588 * | GMMCMS 29 | ||||
XXX000000 * | GMMCMS 30 | ||||
NMC822590 * | GMMCMS 31 | ||||
NMC822591 * | GMMCMS 32 | ||||
NMC822592 * | GMMCMS 33 | ||||
NMC822593 * | GMMCMS 34 | ||||
NMC822594 * | GMMCMS 35 | ||||
NMC822595 * | GMMCMS 36 | ||||
NMC822596 * | GMMCMS 37 | ||||
XXX000000 * | GMMCMS 38 | ||||
NMC822598 * | GMMCMS 39 | ||||
NMC822599 * | GMMCMS 40 | ||||
NMC822600 * | GMMCMS 41 | ||||
NMC822601 * | GMMCMS 42 | ||||
NMC822602 * | GMMCMS 43 | ||||
NMC822603 * | GMMCMS 44 | ||||
NMC822604 * | GMMCMS 45 | ||||
XXX000000 * | GMMCMS 46 | ||||
NMC822606 * | GMMCMS 47 | ||||
NMC822607 * | GMMCMS 48 | ||||
NMC822608 * | GMMCMS 49 | ||||
NMC822609 * | GMMCMS 50 | ||||
NMC822610 * | GMMCMS 51 | ||||
NMC822611 * | GMMCMS 52 | ||||
NMC822612 * | GMMCMS 53 | ||||
XXX000000 * | GMMCMS 54 | ||||
3.Euro-Nevada Lease
The Euro-Nevada Lease provides for the lease of the following 36 unpatented mining claims generally located in § 10, T.33N., X.00X., Xxxxxxxx Xxxxxx, Xxxxxx:
BLM Serial Number | Claim Name | ||||
| NMC373649 | SAR# 37 | ||||
| NMC373650 | SAR# 38 | ||||
| NMC373651 | SAR# 39 | ||||
| NMC373652 | SAR# 40 | ||||
| NMC373653 | SAR# 41 | ||||
| NMC373654 | SAR# 42 | ||||
| NMC373655 | SAR# 43 | ||||
| NMC373656 | SAR# 44 | ||||
| NMC373657 | SAR# 45 | ||||
| XXX000000 | SAR# 46 | ||||
| NMC373659 | SAR# 47 | ||||
| NMC373660 | SAR# 48 | ||||
| NMC373661 | SAR# 49 | ||||
| NMC373662 | SAR# 50 | ||||
| NMC373663 | SAR# 51 | ||||
| NMC373664 | SAR# 52 | ||||
| NMC373665 | SAR# 53 | ||||
| XXX000000 | SAR# 54 | ||||
| NMC373667 | SAR# 55 | ||||
| NMC373668 | SAR# 56 | ||||
| NMC373669 | SAR# 57 | ||||
| NMC373670 | SAR# 58 | ||||
| NMC373671 | SAR# 59 | ||||
| NMC373672 | SAR# 60 | ||||
| NMC373673 | SAR# 61 | ||||
| XXX000000 | SAR# 62 | ||||
| NMC373675 | SAR# 63 | ||||
| NMC373676 | SAR# 64 | ||||
| NMC373677 | SAR# 65 | ||||
| NMC373678 | SAR# 66 | ||||
| NMC373679 | SAR# 67 | ||||
| NMC373680 | SAR# 68 | ||||
| NMC373681 | SAR# 69 | ||||
| XXX000000 | SAR# 70 | ||||
| NMC373683 | SAR# 71 | ||||
| NMC373684 | SAR# 72 | ||||
4.Nevada North Lease
The Nevada North Lease provides for the lease of the following 48 unpatented mining claims generally located in §§ 6 (S2NE4, N2SE4, SE4SE4) and 8, T.32N., X.00X., Xxxxxxxx Xxxxxx, Xxxxxx:
BLM Serial Number | Claim Name | ||||
| NMC409224 | BC- 1 | ||||
BLM Serial Number | Claim Name | ||||
| NMC409225 | BC- 2 | ||||
| NMC409226 | BC- 3 | ||||
| NMC409227 | BC- 4 | ||||
| NMC409228 | BC- 5 | ||||
| NMC409229 | BC- 6 | ||||
| NMC409230 | BC- 7 | ||||
| NMC409231 | BC- 8 | ||||
| NMC409232 | BC- 9 | ||||
| NMC409233 | BC-10 | ||||
| NMC409234 | BC-11 | ||||
| NMC409235 | BC-12 | ||||
| NMC409236 | BC-13 | ||||
| NMC409237 | BC-14 | ||||
| NMC409238 | BC-15 | ||||
| XXX000000 | BC-16 | ||||
| NMC409240 | BC-17 | ||||
| NMC409241 | BC-18 | ||||
| NMC409242 | BC-19 | ||||
| NMC409243 | BC-20 | ||||
| NMC409244 | BC-21 | ||||
| NMC409245 | BC-22 | ||||
| NMC409246 | BC-23 | ||||
| XXX000000 | BC-24 | ||||
| NMC409248 | BC-25 | ||||
| NMC409249 | BC-26 | ||||
| NMC409250 | BC-27 | ||||
| NMC409251 | BC-28 | ||||
| NMC409252 | BC-29 | ||||
| NMC409253 | BC-30 | ||||
| XXX000000 | BC-31 | ||||
| NMC409255 | BC-32 | ||||
| NMC409256 | BC-33 | ||||
| NMC409257 | BC-34 | ||||
| NMC409258 | BC-35 | ||||
| NMC409259 | BC-36 | ||||
| NMC409260 | BC-37 | ||||
| NMC409261 | BC-38 | ||||
| XXX000000 | BC-39 | ||||
| NMC409263 | BC-40 | ||||
| NMC409264 | BC-41 | ||||
| NMC409265 | BC-42 | ||||
| NMC409266 | BC-43 | ||||
| NMC409267 | BC-44 | ||||
| NMC409268 | BC-45 | ||||
| NMC409269 | BC-46 | ||||
| XXX000000 | BC-47 | ||||
| NMC409271 | BC-48 | ||||
5.Franco-Nevada Lease
The Franco-Nevada Lease provides for the lease of the following 82 unpatented mining claims generally located in §§ 28 and 32, T33.N., X.00X., Xxxxxxxx Xxxxxx, Xxxxxx:
BLM Serial Number | Claim Name | ||||
| NMC379514 | N - 1 | ||||
| XXX000000 | N - 2 | ||||
| NMC379516 | N - 3 | ||||
| NMC379517 | N - 4 | ||||
| NMC379518 | N - 5 | ||||
| NMC379519 | N - 6 | ||||
| NMC379520 | N - 7 | ||||
| NMC379521 | N - 8 | ||||
| NMC379522 | N - 9 | ||||
| XXX000000 | N - 10 | ||||
| NMC379524 | N - 11 | ||||
| NMC379525 | N - 12 | ||||
| NMC379526 | N - 13 | ||||
| NMC379527 | N - 14 | ||||
| NMC379528 | N - 15 | ||||
| NMC379529 | N - 16 | ||||
| NMC379530 | N - 17 | ||||
| XXX000000 | N - 18 | ||||
| NMC379532 | N - 19 | ||||
| NMC379533 | N - 20 | ||||
| NMC379534 | N - 21 | ||||
| NMC379535 | N - 22 | ||||
| NMC379536 | N - 23 | ||||
| NMC379537 | N - 24 | ||||
| NMC379538 | N - 25 | ||||
| NMC379539 | N - 26 | ||||
| NMC379540 | N - 27 | ||||
| NMC379541 | N - 28 | ||||
| NMC379542 | N - 29 | ||||
| NMC379543 | N - 30 | ||||
| NMC379544 | N - 31 | ||||
| NMC379545 | N - 32 | ||||
| NMC379546 | N - 33 | ||||
| NMC379547 | N - 34 | ||||
| NMC379548 | N - 35 | ||||
| XXX000000 | N - 36 | ||||
| NMC379550 | N - 37 | ||||
| NMC379551 | N - 38 | ||||
| NMC379552 | N - 39 | ||||
| NMC379553 | N - 40 | ||||
| NMC379554 | N - 41 | ||||
| NMC379555 | N - 42 | ||||
| XXX000000 | N - 43 | ||||
BLM Serial Number | Claim Name | ||||
| NMC379557 | N - 44 | ||||
| NMC379558 | N - 45 | ||||
| NMC379559 | N - 46 | ||||
| NMC379560 | N - 47 | ||||
| NMC379561 | N - 48 | ||||
| NMC379562 | N - 49 | ||||
| NMC379563 | N - 50 | ||||
| XXX000000 | N - 51 | ||||
| NMC379565 | N - 52 | ||||
| NMC379566 | N - 53 | ||||
| NMC379567 | N - 54 | ||||
| NMC379568 | N - 55 | ||||
| NMC379569 | N - 56 | ||||
| NMC379570 | N - 57 | ||||
| NMC379571 | N - 58 | ||||
| XXX000000 | N - 59 | ||||
| NMC379573 | N - 60 | ||||
| NMC379574 | N - 61 | ||||
| NMC379575 | N - 62 | ||||
| NMC379576 | N - 63 | ||||
| NMC379577 | N - 64 | ||||
| NMC379578 | N - 65 | ||||
| NMC379579 | N - 66 | ||||
| XXX000000 | N - 67 | ||||
| NMC379581 | N - 68 | ||||
| NMC379582 | N - 69 | ||||
| NMC379583 | N - 70 | ||||
| NMC379584 | N - 71 | ||||
| NMC379585 | N - 72 | ||||
| NMC623992 | N - 109 | ||||
| NMC623993 | N - 110 | ||||
| NMC623994 | N - 111 | ||||
| XXX000000 | N - 112 | ||||
| NMC676435 | N - 20A | ||||
| NMC676436 | N - 22A | ||||
| NMC676437 | N - 28A | ||||
| NMC676438 | N - 29A | ||||
| NMC676439 | N - 30A | ||||
| NMC676440 | N - 31A | ||||
6.New Nevada 2006 Lease
The New Nevada 2006 Lease provides for the lease of the following 112 unpatented mining claims generally located in §§ 20, 30 and 32, T32.N., R.42E., and § 6, T31.N., X.00X., Xxxxxxxx Xxxxxx, Xxxxxx:
BLM Serial Number | Claim Name | ||||
| NMC750721 | CHU 17 | ||||
| NMC750722 | CHU 18 | ||||
BLM Serial Number | Claim Name | ||||
| XXX000000 | CHU 19 | ||||
| NMC750724 | CHU 20 | ||||
| NMC750725 | CHU 21 | ||||
| NMC750726 | CHU 22 | ||||
| NMC750727 | CHU 23 | ||||
| NMC750728 | CHU 24 | ||||
| NMC750729 | CHU 25 | ||||
| NMC750730 | CHU 26 | ||||
| XXX000000 | CHU 27 | ||||
| NMC750732 | CHU 28 | ||||
| NMC750733 | CHU 29 | ||||
| NMC750734 | CHU 30 | ||||
| NMC750735 | CHU 31 | ||||
| NMC750736 | CHU 32 | ||||
| NMC752847 | MB 82 | ||||
| NMC752848 | MB 83 | ||||
| NMC752849 | MB 84 | ||||
| NMC752850 | MB 85 | ||||
| XXX000000 | MB 86 | ||||
| NMC752852 | MB 87 | ||||
| NMC752853 | MB 88 | ||||
| NMC752854 | MB 89 | ||||
| NMC752855 | MB 90 | ||||
| NMC752856 | MB 91 | ||||
| NMC752857 | MB 92 | ||||
| NMC752858 | MB 93 | ||||
| NMC752859 | MB 94 | ||||
| NMC752860 | MB 95 | ||||
| NMC752861 | MB 96 | ||||
| NMC752862 | MB 97 | ||||
| NMC752863 | MB 98 | ||||
| NMC752864 | MB 99 | ||||
| NMC752865 | MB 100 | ||||
| NMC752866 | MB 101 | ||||
| NMC752867 | MB 102 | ||||
| NMC752868 | MB 103 | ||||
| XXX000000 | MB 104 | ||||
| NMC752870 | MB 105 | ||||
| NMC752871 | MB 106 | ||||
| NMC752872 | MB 107 | ||||
| NMC752873 | MB 108 | ||||
| NMC752874 | MB 109 | ||||
| NMC752875 | MB 110 | ||||
| NMC752876 | MB 111 | ||||
| XXX000000 | MB 112 | ||||
| NMC752878 | MB 113 | ||||
| NMC752879 | MB 114 | ||||
| NMC752880 | MB 115 | ||||
BLM Serial Number | Claim Name | ||||
| NMC752881 | MB 116 | ||||
| NMC752882 | MB 117 | ||||
| NMC780924 | XXX 1 | ||||
| NMC780925 | XXX 2 | ||||
| NMC780926 | XXX 3 | ||||
| NMC780927 | XXX 4 | ||||
| XXX000000 | XXX 5 | ||||
| NMC780929 | XXX 6 | ||||
| NMC780930 | XXX 7 | ||||
| NMC780931 | XXX 8 | ||||
| NMC780932 | XXX 9 | ||||
| NMC780933 | XXX 10 | ||||
| NMC780934 | XXX 11 | ||||
| NMC780935 | XXX 12 | ||||
| XXX000000 | XXX 13 | ||||
| NMC780937 | XXX 14 | ||||
| NMC780938 | XXX 15 | ||||
| NMC780939 | XXX 16 | ||||
| NMC780940 | XXX 17 | ||||
| NMC780941 | XXX 18 | ||||
| NMC780942 | XXX 19 | ||||
| NMC780943 | XXX 20 | ||||
| XXX000000 | XXX 21 | ||||
| NMC780945 | XXX 22 | ||||
| NMC780946 | XXX 23 | ||||
| NMC780947 | XXX 24 | ||||
| NMC780948 | XXX 25 | ||||
| NMC780949 | XXX 26 | ||||
| NMC780950 | XXX 27 | ||||
| XXX000000 | XXX 28 | ||||
| NMC780952 | XXX 29 | ||||
| NMC780953 | XXX 30 | ||||
| NMC780954 | XXX 31 | ||||
| NMC780955 | XXX 32 | ||||
| NMC780956 | XXX 33 | ||||
| NMC780957 | XXX 34 | ||||
| NMC780958 | XXX 35 | ||||
| NMC780959 | XXX 36 | ||||
| NMC821539 | BISON # 1 | ||||
| XXX000000 | BISON # 2 | ||||
| NMC821541 | BISON # 3 | ||||
| NMC821542 | BISON # 4 | ||||
| NMC821543 | BISON # 5 | ||||
| NMC821544 | BISON # 6 | ||||
| NMC821545 | BISON # 7 | ||||
| NMC821546 | BISON # 8 | ||||
| NMC821547 | BISON # 9 | ||||
| NMC821548 | BISON # 10 | ||||
BLM Serial Number | Claim Name | ||||
| NMC821549 | BISON # 11 | ||||
| NMC821550 | BISON # 12 | ||||
| NMC821551 | BISON # 13 | ||||
| NMC821552 | BISON # 14 | ||||
| NMC821553 | BISON # 15 | ||||
| NMC821554 | BISON # 16 | ||||
| NMC821555 | BISON # 17 | ||||
| NMC821556 | BISON # 18 | ||||
| XXX000000 | BISON # 19 | ||||
| NMC821558 | BISON # 20 | ||||
| NMC821559 | BISON # 21 | ||||
| NMC821560 | BISON # 22 | ||||
| NMC821561 | BISON # 23 | ||||
| NMC821562 | BISON # 24 | ||||
7.Waseco Option Agreement
Option Agreement between Waseco Resources US Inc. and Marigold Mining Company, dated effective July 1, 2020, provides an option to acquire the Amended and Restated Mining Lease, among Waseco Resources US Inc., Aquarian Mining Exploration Inc. and Xxxxxxx Xxxxx Holdings Ltd, dated July 1, 2020, covering the following unpatented mining claims located in Township 32 North, Range 43 East, Section 20, MDBM, Lander County, Nevada:
New BLM Serial Number | Legacy BLM Serial Number | Claim Name | ||||||
NV101356430 | NMC937844 | SBD 1 | ||||||
NV101356431 | NMC937845 | SBD 2 | ||||||
NV101356432 | NMC937846 | SBD 3 | ||||||
NV101356433 | NMC937847 | SBD 4 | ||||||
NV101356434 | NMC937848 | SBD 5 | ||||||
NV101356435 | NMC937849 | SBD 6 | ||||||
NV101356436 | NMC937850 | SBD 7 | ||||||
NV101356437 | NMC937851 | SBD 8 | ||||||
NV101356438 | NMC937852 | SBD 9 | ||||||
NV101356439 | NMC937853 | SBD 11 | ||||||
NV101356440 | NMC937854 | SBD 12 | ||||||
NV101356441 | NMC937855 | SBD 13 | ||||||
NV101356442 | NMC937856 | SBD 14 | ||||||
NV101356443 | NMC937857 | SBD 15 | ||||||
NV101356444 | XXX000000 | SBD 16 | ||||||
NV101356445 | NMC937859 | SBD 17 | ||||||
NV101356446 | NMC937860 | SBD 18 | ||||||
NV101356447 | NMC937861 | SBD 19 | ||||||
NV101356448 | NMC937862 | SBD 20 | ||||||
NV101356449 | NMC937863 | SBD 21 | ||||||
NV101356450 | NMC937864 | SBD 22 | ||||||
NV101356451 | NMC937865 | SBD 23 | ||||||
NV101356452 | XXX000000 | SBD 24 | ||||||
New BLM Serial Number | Legacy BLM Serial Number | Claim Name | ||||||
NV101357443 | NMC937867 | SBD 25 | ||||||
NV101357444 | NMC937868 | SBD 26 | ||||||
NV101357445 | NMC937869 | SBD 27 | ||||||
NV101357446 | NMC937870 | SBD 28 | ||||||
NV101357447 | NMC937871 | SBD 29 | ||||||
NV101357448 | NMC937872 | SBD 30 | ||||||
Leased Real Property
1.
SFP Minerals Lease3
SFP Minerals Lease3al.Approximately 649.00 acres within the All of § 5, T.33N., R.43E., M.D.B.&M., and identified as Humboldt County Assessor’s parcel number 000-000-00 for 2013-14 and 3343-05-100-001 for 2014-15;
am.Approximately 640.00 acres within the All of § 9, T.33N., R.43E., M.D.B.&M., and identified as Humboldt County Assessor’s parcel number 000-000-00 for 2013-14 and 3343-09-100-001 for 2014-15;
an.Approximately 649.00 acres within the All of § 17, T.33N., R.43E., M.D.B.&M., and identified as Humboldt County Assessor’s parcel number 000-000-00 for 2013-14 and 3343-17-100-001 for 2014-15; and
ao.Approximately 631.00 acres within the All of § 31, T.33N., R.43E., M.D.B.&M., and identified as Humboldt County Assessor’s parcel number 000-000-00 for 2013-14 and 3343-31-100-001 for 2014-15.
2.SPLC Lease and SPLC Sublease (New Nevada Lands, LLC, as lessor, and Newmont, as lessee and sublessor)
ap.Approximately 640.00 acres within the All of § 29, T.34N., R.43E., M.D.B.&M., and identified as Humboldt County Assessor’s parcel number 000-000-00 for 2013-14 and 3443-29-100-001 for 2014-15; and
aq.Approximately 640.00 acres within the All of § 33,4 T.34N., R.43E., M.D.B.&M., and identified as Humboldt County Assessor’s parcel numbers 000-000-00 through 000-000-00, 000-000-00 through 000-000-00, 000-000-00, 000-000-00 through 000-000-00 for 2013-14
and 3443-33-100-001 through 3443-33-100-005, 3443-33-200-001 through 3443-33-200-008,
3443-33-300-001 through 3443-33-300-004, 3443-33-400-001 through 3443-33-400-003 for
2014-15;
3 For §§ 9 and 17 (items 1.a. and b.), the SFP Minerals Lease covers mineral rights only. Marigold Mining Company owns the surface rights in these sections. See items 2 and 3 above under the heading “Owned Real Property”.
4 For § 33, the SPLC Lease and SPLC Sublease are for minerals only. Marigold Mining Company owns surface rights in § 33. See item 4 above under the heading “Owned Real Property”.
3.SPLC Sublease (now lease with Franco-Nevada U.S. Corporation, as lessor)
ar.Approximately 653.60 acres within the All of § 1, T.33N., R.42E., M.D.B.&M., and identified as Humboldt County Assessor’s parcel number 000-000-00 for 2013-14 and 3342-01-100-001 for 2014-15;
as.Approximately 640.00 acres within the All of § 13, T.34N., R.42E., M.D.B.&M., and identified as Humboldt County Assessor’s parcel number 000-000-00 for 2013-14 and 3342-13-100-001 for 2014-15;
at.Approximately 640.00 acres within the All of § 25, T.34N., R.42E., M.D.B.&M., and identified as Humboldt County Assessor’s parcel number 000-000-00 for 2013-14 and 3342-25-100-001 for 2014-15;
au.Approximately 625.80 acres within the All of § 7, T.33N., R.43E., M.D.B.&M., and identified as Humboldt County Assessor’s parcel number 000-000-00 for 2013-14 and 3343-07-100-001 for 2014-15;
av.Approximately 620.00 acres within the All of § 19, T.34N., R.43E., M.D.B.&M., and identified as Humboldt County Assessor’s parcel number 000-000-00 for 2013-14 and 3443-19-100-001 for 2014-15; and
aw.Approximately 625.38 acres within the All of § 31, T.34N., R.43E., M.D.B.&M., and identified as Humboldt County Assessor’s parcel number 000-000-00 for 2013-14 and 3443-31-100-001 for 2014-15.
4.2018 UNR Lease
Approximately 628.00 acres within the All of § 19, T.33N., R.43E., M.D.B.&M., and identified as Humboldt County Assessor’s parcel number 000-000-00 for 2013-14 and 3343-19-100-001 for 2014-15.
5.New Nevada 2012 Lease
Mineral interests owned by New Nevada Resources, LLC, and surface estate owned by New Nevada Lands, LLC, and leased under the New Nevada 2012 Lease.
T.33N., R.43E., M.D.B.&M.
§ 33, All (Approximately 640.00 acres, surface estate owned by New Nevada Lands, LLC)
6.New Nevada 2014 Lease
Mineral interests owned by New Nevada Resources, LLC, and certain surface estate owned by New Nevada Lands, LLC, and leased under the New Nevada 2014 Lease.
T.31N., R.42E., M.D.B.&M.
§ 5, All of that portion of section lying within the boundaries of Lander County (Approximately 441.00 acres)
§ 5, All of that portion of section lying within the boundaries of Humboldt County (Approximately 337.50 acres)
T.32N., R.42E., M.D.B.&M.
§ 9, All (Approximately 640 acres)
§ 21, All of that portion of section lying within the boundaries of Lander County (Approximately 240.00 acres)
§ 21, All of that portion of section lying within the boundaries of Humboldt County (Approximately 400 acres)
§ 23, E/2, E/2 W/2, NW/4 NW/4 (Approximately 520 acres)
§ 27, SE/4, N/2 NE/4 (Approximately 240 acres)
§ 27, W/2, S/2 NE/4 (Approximately 400 acres)
§ 29, All (Approximately 640 acres)
§ 31, All (Approximately 610 acres)
T.33N., R.42E., M.D.B.&M.
§ 11, All (Approximately 640.00 acres, surface estate owned by New Nevada Lands, LLC)
§ 23, All (Approximately 640.00 acres, surface estate owned by KH Investors, LLC)
§ 35, All (Approximately 640.00 acres, surface estate owned by Finance All, LLC)
SCHEDULE 3.1(27)
MARIGOLD PROJECT LEASES
Marigold Project Leases that are Material Leasehold Interests
1.The Xxxxxx Lease.
2.The Vek and Xxxxxx Lease.
3.The SFP Minerals Lease.
4.The UNR Lease.
Other Marigold Project Leases
5.Euro-Nevada Lease
6.Nevada North Lease
7.Franco-Nevada Lease
8.New Nevada 2006 Lease
9.Waseco Option Agreement
10.SPLC Lease and Sublease (New Nevada Lands, LLC, as lessor, and Nevada Gold Mines, as lessee and sublessor)
11.SPLC Sublease (Franco-Nevada U.S. Corporation, as lessor)
12.New Nevada 2012 Lease
13.New Nevada 2014 Lease
SCHEDULE 3.1(28) MARIGOLD PROJECT AUTHORIZATIONS
Permit Name | Permit Number | ||||
Plan of Operations | N26-88-005P | ||||
Reclamation Permit and Bond | 0108 | ||||
Water Pollution Control Permit (including Petroleum Contaminated Soils Permit) | NEV0088040 | ||||
Stormwater General Discharge Permit | NVR300000 | ||||
Title V Air Quality Operating Permit | AP1041-2967 | ||||
Class II Air Quality Operating Permit | AP1041-3666 | ||||
Mercury Operating Permit to Construct: Phase II (air) | AP1041-2254 | ||||
EPA/RCRA ID | NVD986766954 | ||||
Industrial Artificial Pond Permit | 39502 | ||||
Jurisdictional Waters of the U.S. Determination | N/A (no jurisdictional waters) | ||||
Class III Landfill Waiver | SW1764 | ||||
Hazardous Materials Permit (State of Nevada) | 97207 | ||||
BATF License | 9-NV-013-20-3D-00359 | ||||
Potable Water Permit | HU-1103-NTNC | ||||
Septic Permit | GNEVOSDS09-L-00161 GNEVOSDS09-L-02521 GNEVOSDS09-S03411 | ||||
Radio Licenses | WNPA726 WNUV910 WPMF419 WQVA510 WQVA548 WQVA551 | ||||
DOT Hazardous Materials Registration | 061818550 430AC | ||||
Liquefied Petroleum Gas – Class 5 License | 0-0000-00 | ||||
Trout Creek Dam Permit (including Dam/Impoundment Permit) | J-666 | ||||
Water Rights | 83256 (Permanent Change App 3691) 2324 (Certificate 584) Permits 76425, S01, S02, S03 Permits 86582, 86583, 87235-87242, 88986, 89972T, 89707T, 90118T Applications 865842, 865852, 808492, 32822,V018982, 22162 | ||||
Waiver DW-169 | |||||
County Conditional Use Permit | UH-20-12 | ||||
MSHA ID | 26-02081 | ||||
Notes:
1.As of the date hereof, permit is in the renewal process.
2.As of the date hereof, permit is pending with the State of Nevada.
SCHEDULE 3.1(32) EXISTING ROYALTY AGREEMENTS
EXISTING ROYALTY AGREEMENT | MINIMUM ANNUAL ROYALTY/ADVANCE ROYALTY | PRODUCTION ROYALTY | ||||||
1. The Xxxxxx Lease | Minimum annual royalty of $60,000, payable in $5,000 monthly installments for the remainder of the term of the Xxxxxx Lease. | Gross production royalty on ores mined from the Claims (as defined in the Xxxxxx Lease) and the University Lands (as defined in the Xxxxxx Lease) and processed based on the price of gold as follows:  *Note: The “University Lands” refers to the lands subject to the 2018 UNR Lease. | ||||||
2. The Vek and Xxxxxx Lease | $160,000 on each anniversary (after, and including, the fifth anniversary) of the Vek and Xxxxxx Lease. The amount of advance royalties shall be subject to adjustment in an amount equal to the change in the Producer Price Index for Industrial Commodities (1967=100%) | If and when the lessee commences production of metals and minerals, the lessee shall pay the lessor a production royalty of 5% of the net mint or smelter returns (as defined in the Vek and Xxxxxx Lease) upon all metals, ores, minerals and mineral substances (or concentrates produced therefrom by lessee) produced, sold and shipped from the Subject Property (as defined in the Vek and Xxxxxx Lease), until the lessor has received $1,500,000 from all payments (advance and production), and a production royalty of 3% thereafter. The current production royalty under the Vek and Xxxxxx Lease is 3% of the net mint or smelter returns. | ||||||
EXISTING ROYALTY AGREEMENT | MINIMUM ANNUAL ROYALTY/ADVANCE ROYALTY | PRODUCTION ROYALTY | ||||||
3. The SFP Minerals Lease | Lessee shall pay lessor an advance royalty payment annually on the anniversary date and on each succeeding anniversary date of $20/acre for the Leased Premises (as defined in the SFP Minerals Lease) that are subject to the SFP Minerals Lease. | In the event lessee removes Minerals (as defined in the SFP Minerals Lease) from the Leased Premises, lessee shall pay to lessor production royalty equal to 5% of the Net Returns (as defined in the SFP Minerals Lease) of the Minerals mined and removed. | ||||||
4. The 2018 UNR Lease | Lessee agrees to pay to the lessor an advance royalty payment of: $200,000 payable on August 1, 2018; $200,000 for 2019 through 2024 (inclusive), payable annually on January 1; and $100,000 from 2025 onwards, payable annually on January 1, provided that if before the end of any Lease Year (as defined in the 2018 UNR Lease) Marigold Mining Company ceases production on the Property (as defined in the 2018 UNR Lease), but Marigold Mining Company continues to explore for or develop Minerals (as defined in the 2018 UNR Lease) or use the Property for access, such payments in the succeeding Lease Year(s) shall be reduced to $25,000 while the 2018 UNR Lease is in effect. The advance royalty payments are subject to annual adjustment based on changes in the Consumer’s Price Index (CPI). | A production royalty equal to 5.0% of the Net Smelter Returns (as defined in the 2018 UNR Lease) from the production or sale of Minerals (as defined in the 2018 UNR Lease) from the Property. *Note: The lands subject to the 2018 UNR Lease are also subject to a royalty under the Xxxxxx Lease. | ||||||
EXISTING ROYALTY AGREEMENT | MINIMUM ANNUAL ROYALTY/ADVANCE ROYALTY | PRODUCTION ROYALTY | ||||||
5. Purchase and assignment agreement made as of December 1, 1988 (the “Freeport Royalty Agreement”) between Freeport- McMoran Gold Company, a Delaware corporation (predecessor in interest to Royal Gold, Inc. (“Royal Gold”)), and Rayrock Mines, Inc., a Nevada Corporation (predecessor in interest to Marigold Mining Company) | There is no minimum royalty or advance payment. | A Net Smelter Return Royalty equal to 2% of Net Smelter Returns (as defined in the Freeport Royalty Agreement), payable sixty (60) days from the end of each calendar quarter year during which Minerals Products (as defined in the Freeport Royalty Agreement) produced from ore mined from the Mining Property (as defined in the Freeport Royalty Agreement) is sold. The Net Smelter Return Royalty shall only be payable after 150,000 xxxx ounces of gold have been produced and sold from ores mined from the Mining Property. “Mining Property” as defined in the Freeport Royalty Agreement is made up of: (i) the lands subject to the Xxxxxx Lease; and (ii) the lands subject to the 2018 UNR Lease. The Net Smelter Return Royalty is due and payable to Royal Gold. | ||||||
6. The Euro- Nevada Lease | There is no minimum royalty or advance payment. | A production royalty equal to 5% of the net mint or smelter returns (as defined in the Euro- Nevada Lease) upon all metals, ores, minerals and mineral substances (or concentrates produced therefrom by lessee), produced sold and shipped or otherwise disposed of from the Subject Property (as defined in the Euro- Nevada Lease). | ||||||
7. The SPLC Lease and the SPLC Sublease | Lessee shall pay lessor an advance royalty payment annually on the anniversary date and on each succeeding anniversary date of $20/acre for the Leased Premises (as defined in the SPLC Sublease). | In the event lessee removes Minerals (as defined in the SPLC Sublease) from the Leased Premises (as defined in the SPLC Sublease), lessee shall pay to lessor a production royalty equal to 5% of the Net Returns (as defined in the SPLC Sublease) of the Minerals mined and removed. | ||||||
EXISTING ROYALTY AGREEMENT | MINIMUM ANNUAL ROYALTY/ADVANCE ROYALTY | PRODUCTION ROYALTY | ||||||
8. Royalty agreement effective August 25, 2014 between Marigold Mining Company and Newmont (as predecessor in interest to Maverick Metals Inc.) (the “Maverick Royalty Agreement”) | There is no minimum royalty or advance payment. | A production royalty equal to 2.0% of Net Smelter Returns (as defined in the Maverick Royalty Agreement) from the sale or other disposition of all Minerals (as defined in the Maverick Royalty Agreement) produced from the Properties (as defined in the Maverick Royalty Agreement). “Properties” as defined in the Maverick Royalty Agreement is made up of the property, acquired from Newmont, listed as item 6 of the “Owned Real Property” set out in Schedule 3.1(26). | ||||||
9. The New Nevada 2012 Lease | Annual payment of $1/acre of the Leased Premises (as defined in the New Nevada 2012 Lease), which, beginning on the fifth anniversary date of the New Nevada 2012 Lease, shall be increased by 5% or the percentage increase in the CPI deflator of the Gross National Product for the calendar year immediately preceding the anniversary date of the New Nevada 2012 Lease, whichever is greater. | A production royalty equal to 3.5% of the net mint or smelter returns upon all Leased Substances (as defined in the New Nevada 2012 Lease) (or concentrates produced therefrom) produced, sold and shipped from the Leased Premises (as defined in the New Nevada 2012 Lease). | ||||||
EXISTING ROYALTY AGREEMENT | MINIMUM ANNUAL ROYALTY/ADVANCE ROYALTY | PRODUCTION ROYALTY | |||||||||||||||
10. The New Nevada 2014 Lease | Beginning on the twentieth anniversary date of the New Nevada 2014 Lease, annual payment of $3/acre of the Leased Premises (as defined in the New Nevada 2014 Lease) that remain subject to the New Nevada 2014 Lease. Certain advance minimum royalty payments are due on the first through the nineteenth anniversary dates of the New Nevada 2014 Lease, but are not based on the acreage of Leased Premises. | A production royalty equal to 2.125% of the net mint or smelter returns upon all Leased Substances (as defined in the New Nevada 2014 Lease) (or concentrates produced therefrom) produced, sold and shipped from the Leased Premises; provided, however, as to any industrial minerals that are produced, sold and shipped from any portion of the Leased Premises pursuant to any sublease granted previously or hereafter by lessee and for which a production royalty is payable to lessee based on the volume or weight of industrial minerals that are produced from the Lease Premises, lessee shall pay 50% of the amount of the production royalty received by lessee for those industrial minerals and no further additional production royalty shall be payable under the New Nevada 2014 Lease for those industrial minerals. | |||||||||||||||
11. The Nevada North Lease | Annual payment equal to 57% of the following advance royalty payment amounts, based on the Average Gold Price (as defined in the Nevada North Lease) per ounce:  | Production royalty of the following, based on the Gold Price (as defined in the Nevada North Lease) per ounce, subject to lessee’s option to reduce the production royalty to 2% of the Net Returns (as defined in the Nevada North Lease) for US$1 million; provided that such option shall only be exercisable by xxxxxx in the event the Congress of the United States during the term of the Nevada North Lease imposes any type of production royalty on production or sale of Leased Substances (as defined in the Nevada North Lease): | |||||||||||||||
Gold Price per ounce | Royalty Percentage of Net Returns | ||||||||||||||||
$275 or less | 3% | ||||||||||||||||
Greater than $275 but less than $375 | 4% | ||||||||||||||||
$375 or greater | 5% | ||||||||||||||||
EXISTING ROYALTY AGREEMENT | MINIMUM ANNUAL ROYALTY/ADVANCE ROYALTY | PRODUCTION ROYALTY | ||||||
12. Franco-Nevada Lease | There is no minimum royalty or advance payment. | Production royalty of 3% of the Net Smelter Returns (as defined in the Franco-Nevada Lease) from the sale of Mineral Substances (as defined in the Franco-Nevada Lease) from the Property (as defined in the Franco-Nevada Lease). | ||||||
13. NSR agreement entered into on June 8, 2018 between Marigold Mining Company and Xxxx Xxxxxx, LLC (the “Xxxx Xxxxxx Royalty Agreement”) | There is no minimum royalty or advance payment. | Production royalty of 3% of the Net Smelter Returns (as defined in the Xxxx Xxxxxx Royalty Agreement) from the sale of Precious Metals (as defined in the Xxxx Xxxxxx Royalty Agreement) from the Property (as defined in the Xxxx Xxxxxx Royalty Agreement). “Property” as defined in the Xxxx Xxxxxx Royalty Agreement is made up of the property listed as item 9(b) of the “Owned Real Property” set out in Schedule 3.1(26). | ||||||
14. NSR agreement entered into on January 30, 2019 between Xxxx Xxxxxx, LLC and Western Royalty Holding LLC, as assigned by Xxxx Xxxxxx, LLC to Western Exploration LLC (“WEX”) and subsequently assigned by WEX to Marigold Mining Company pursuant to an assignment of NSR agreement made effective as of January 30, 2019 (the “WEX Royalty Agreement”) | There is no minimum royalty or advance payment. | Production royalty of the following, in accordance with the sliding scale set forth below and payable only on recoverable gold ounces produced and sold from the Property (as defined in the WEX Royalty Agreement) that are in excess of the first 275,000 ounces of gold produced and sold from the Property:  “Property” as defined in the WEX Royalty Agreement is made up of the property listed as item 10(b) of the “Owned Real Property” set out in Schedule 3.1(26). | ||||||
EXISTING ROYALTY AGREEMENT | MINIMUM ANNUAL ROYALTY/ADVANCE ROYALTY | PRODUCTION ROYALTY | ||||||
15. Net smelter returns royalty agreement made and entered into effective as of June 3, 2019 by and between Marigold Mining Company and Newmont (the “Newmont TC Royalty Agreement”) | There is no minimum royalty or advance payment. | A production royalty equal to 0.5% of Net Smelter Returns (as defined in the Newmont TC Royalty Agreement) from the sale or other disposition of all Minerals (as defined in the Newmont TC Royalty Agreement) produced from the Properties (as defined in the Newmont TC Royalty Agreement). “Properties” as defined in the Newmont TC Royalty Agreement is made up of: the property acquired from Newmont, listed as item 11 of the “Owned Real Property” set out in Schedule 3.1(26); certain unpatented mining claims acquired from Newmont, listed under “Owned Unpatented Mining Claims” in Schedule 3.1(26); certain leased unpatented mining claims acquired from Newmont, listed under items 4 (Nevada North Lease) and 6 (New Nevada 2006 Lease) of the “Leased Unpatented Mining Claims” in Schedule 3.1(26); and certain leased property, acquired from Newmont, listed under item 6 of the “Lease Real Property” in Schedule 3.1(26). | ||||||
16. Net smelter returns royalty agreement (Venture Real Property) made and entered into effective as of June 3, 2019 by and between Marigold Mining Company and Newmont (the “Newmont BV Royalty Agreement”) | There is no minimum royalty or advance payment. | A production royalty equal to 0.5% of Net Smelter Returns (as defined in the Newmont BV Royalty Agreement) from the sale or other disposition of a 70% interest in all Minerals (as defined in the Newmont BV Royalty Agreement) produced from the Properties (as defined in the Newmont BV Royalty Agreement). “Properties” as defined in the Newmont BV Royalty Agreement is made up of: the property acquired from Newmont and Fairmile Gold Mining Inc. (“Fairmile”), listed as item 12 of the “Owned Real Property” set out in Schedule 3.1(26); and certain unpatented mining claims acquired from Newmont and Fairmile, listed under “Owned Unpatented Mining Claims” in Schedule 3.1(26). | ||||||
EXISTING ROYALTY AGREEMENT | MINIMUM ANNUAL ROYALTY/ADVANCE ROYALTY | PRODUCTION ROYALTY | ||||||
17. New Nevada 2006 Lease | $50,000 annually on June 1 during the term of the New Nevada 2006 Lease. | Production royalty of the following percentages of net smelter returns (as defined in the New Nevada 2006 Lease) from the sale of gold from the Property (as defined in the New Nevada 2006 Lease)  Also includes sliding scale production royalty of 3% to 6.5% of net smelter returns (as defined in the New Nevada 2006 Lease) from the sale of silver from the Property (as defined in the New Nevada 2006 Lease) and production royalty of 3% of net smelter returns (as defined in the New Nevada 2006 Lease) from the sale of other Minerals (as defined in the New Nevada 2006 Lease) from the Property (as defined in the New Nevada 2006 Lease). | ||||||
EXISTING ROYALTY AGREEMENT | MINIMUM ANNUAL ROYALTY/ADVANCE ROYALTY | PRODUCTION ROYALTY | ||||||
18. Net smelter | There is no minimum royalty | A production royalty equal to 3.0% of net | ||||||
return royalty dated | or advance payment. | smelter returns (as defined in the IAMGOLD | ||||||
as of August 30, | Royalty Agreement) from the sale of minerals | |||||||
1994 between | from the Claims (as defined in the IAMGOLD | |||||||
Fairmile and | Royalty Agreement). | |||||||
Repadre Capital | ||||||||
| Corporation | ||||||||
(predecessor in | ||||||||
interest to | ||||||||
| IAMGOLD | ||||||||
| Corporation | ||||||||
(“IAMGOLD”)), | ||||||||
as amended by an | ||||||||
amendment to net | ||||||||
smelter royalty | ||||||||
dated and effective | ||||||||
May 3, 2006 by and | ||||||||
between Fairmile | ||||||||
and IAMGOLD | ||||||||
(collectively, the | ||||||||
“IAMGOLD | ||||||||
| Royalty | ||||||||
Agreement”) | ||||||||
19. Various, | There is no minimum royalty | Royalties of: (a) 2.4% gross royalty on | ||||||
| including | or advance payment. | production from Precious Metals Properties | ||||||
Agreement, dated | (as defined in the NMP-WX Agreement) and | |||||||
August 1, 1994, by | 8% of the royalty of 8% of the net profits from | |||||||
and between | production from Non-Precious Metal | |||||||
Nevada Mine | Properties (as defined in the NMP-WX | |||||||
Properties, Inc., | Agreement) to International Royalty | |||||||
Priority Minerals | Corporation; and (b) 0.6% gross royalty on | |||||||
Limited and WFD | production from Precious Metals Properties | |||||||
Limited (the | (as defined in the NMP-WX Agreement) and | |||||||
“NMP-WX | 8% of the royalty of 2% of the net profits from | |||||||
Agreement”) | production from Non-Precious Metal | |||||||
Properties (as defined in the NMP-WX | ||||||||
Agreement) to International Royalty | ||||||||
| Corporation | ||||||||
Mine Safety and Health Administration Violations
SCHEDULE 3.1(34) MINE SAFETY
The following is a summary of citations issued by the U.S. Labor Department’s Mine Safety and Health Administration under Section 104(a) of the Federal Mine Safety and Health Act of 1977 for violations of health or safety standards for the period of June 1, 2020 to May 31, 2021:
Citation / Order No. | Case No. | Date Issued | “Significant & Substantial” Violation (Y/N) | C / O Status | Proposed Penalty ($) | Amount Paid to Date | ||||||||||||||
9611069 | '-- | 03/30/21 | N | Not Assessed Yet | $0 | $0 | ||||||||||||||
9611126 | '-- | 03/30/21 | N | Not Assessed Yet | $0 | $0 | ||||||||||||||
9611124 | 534017 | 03/00/00 | X | Xxxxxx | $125 | $125 | ||||||||||||||
9611123 | 534017 | 03/24/21 | N | Closed | $125 | $125 | ||||||||||||||
9501172 | 524690 | 09/16/20 | N | Closed | $123 | $123 | ||||||||||||||
9501173 | 524690 | 09/16/20 | N | Closed | $123 | $123 | ||||||||||||||
9501913 | 524690 | 09/16/20 | N | Closed | $123 | $123 | ||||||||||||||
9501170 | 524690 | 09/15/20 | N | Closed | $123 | $123 | ||||||||||||||
9501171 | 524690 | 09/15/20 | N | Closed | $123 | $123 | ||||||||||||||
9501751 | 524690 | 09/15/20 | N | Closed | $199 | $199 | ||||||||||||||
Reportable Injuries
Contractor ID | Incident Date | Degree of Injury | Classification | Occupation - Activity | Total Experience | Mine Experience | Job Experience | ||||||||||||||||
| Employee | 5/14/21 | Days away from work only | Handling of materials | Coal/ore shovel operator, Shoveler, Power shoveler | 20.08 | 5.00 | 1.46 | ||||||||||||||||
Contractor ID | Incident Date | Degree of Injury | Classification | Occupation - Activity | Total Experience | Mine Experience | Job Experience | ||||||||||||||||
Contractor -P001 | 2/21/21 | No days away from work, no restricted activity | Machinery | Maintenance man, Mechanic, Repair/Serviceman, Boilermaker, Fueler, Tire tech, Field service tech | 9.00 | 1.37 | 1.52 | ||||||||||||||||
| Employee | 12/19/20 | No days away from work, no restricted activity | Machinery | Maintenance man, Mechanic, Repair/Serviceman, Boilermaker, Fueler, Tire tech, Field service tech | 20.06 | 16.06 | 20.06 | ||||||||||||||||
| Employee | 9/12/20 | Days away from work only | Powered Haulage | Haul/Off road/Coal/Ore/Pit/Quarry/Rock/Rubber tire truck driver, Transportation truck driver | 8.23 | 4.10 | 4.10 | ||||||||||||||||
| Employee | 6/17/20 | Days away from work only | Slip or fall of person | Bulldozer operator, Universal operator, Heavy equipment operator, Operating engineer | 6.15 | 6.15 | 6.15 | ||||||||||||||||
