PLAN SUPPORT AGREEMENTPlan Support Agreement • January 13th, 2009 • Apex Silver Mines LTD • Gold and silver ores • New York
This Plan Support Agreement is made and entered into as of January 12, 2009 by and among (i) Apex Silver Mines Limited (“ASML”), (ii) Apex Silver Mines Corporation (“ASMC”, and together with ASML, the “Debtors”), (iii) Sumitomo Corporation (“Sumitomo”), (iv) the Senior Lenders identified on Schedule I hereto (the “Supporting Senior Lenders”), and (v) the holders of the Subordinated Notes (as defined below) identified on Schedule II hereto (the “Supporting Subordinated Noteholders”). Each of ASML, ASMC, Sumitomo, the Supporting Senior Lenders and the Supporting Subordinated Noteholders is referred to herein as a “Party,” and collectively, as the “Parties.” As used herein, the phrases “this Agreement,” “hereto,” “hereunder,” and phrases of like import shall mean this Plan Support Agreement.
