AGENCY AGREEMENTAgency Agreement • January 26th, 2004 • Kirkland Lake Gold Inc • Gold and silver ores • British Columbia
The undersigned, Fort House Inc., as lead agent, and Octagon Capital Corporation (collectively, the “Agents”), understand that Kirkland Lake Gold Inc. (the “Company”) proposes to issue and sell up to 2,000,000 units of the Company (individually an “Original Unit” and collectively the “Original Units”) at a price of $3.90 per Unit (the “Issue Price”). Each Unit shall consist of one Common Share (as hereinafter defined) (a “Unit Share”) in the capital of the Company and one-half of one Common Share purchase warrant (individually a “Warrant” and, collectively, the “Warrants”). Each whole Warrant will entitle the holder thereof to purchase one Common Share individually a “Warrant Share” and, collectively, the “Warrant Shares”) at a price of $4.40 until 4:00 p.m. (Vancouver time) on the date that is 18 months following the Closing Date (as hereinafter defined).
STANDARD PUBLICITY AGREEMENTStandard Publicity Agreement • January 26th, 2004 • Kirkland Lake Gold Inc • Gold and silver ores • Louisiana
KIRKLAND LAKE GOLD INC. SUBSCRIPTION AND PURCHASE AGREEMENTSubscription and Purchase Agreement • January 26th, 2004 • Kirkland Lake Gold Inc • Gold and silver ores • British Columbia
The undersigned (the “Purchaser”) hereby irrevocably subscribes for and agrees to purchase from the Corporation, pursuant to the terms and conditions of this Subscription Agreement and in the Agency Agreement (as hereinafter defined), that number of common shares (the “Common Shares”) of the Corporation set out in subparagraph 18(a). The Common Shares form part of a larger offering (the “Offering”) of up to 2,625,000 Common Shares (the “Purchased Common Shares”) to be issued and sold by the Corporation at a price of $1.80 per Common Share. A copy of the term sheet (the “Term Sheet”) outlining the terms and conditions of the Offering is attached hereto as Schedule “A”. In the event of any inconsistency between the provisions of Schedule “A” and this Subscription Agreement, the provisions of this Subscription Agreement shall prevail.
