AGENCY AGREEMENTAgency Agreement • February 3rd, 2004 • Kirkland Lake Gold Inc • Gold and silver ores • British Columbia
The undersigned, Octagon Capital Corporation and Fahnestock Canada Inc. (the “Agents”), understand that Kirkland Lake Gold Inc. (the “Company”) proposes to issue and sell up to 2,625,000 common shares (individually a "Common Share" and collectively the “Common Shares”) in the capital of the Company subject to the terms and conditions set out below.
LOAN AGREEMENTLoan Agreement • February 3rd, 2004 • Kirkland Lake Gold Inc • Gold and silver ores • British Columbia
NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the sum of $1.00 paid by each party to the other (the receipt of which is hereby acknowledged) the parties hereto mutually covenant and agree as follows:
PRIVATE PLACEMENT SUBSCRIPTION AGREEMENTSubscription Agreement • February 3rd, 2004 • Kirkland Lake Gold Inc • Gold and silver ores • British Columbia
The Subscriber shall complete, sign and deliver to the Company’s legal counsel, O’Neill & Company, as soon as possible such further documents, questionnaires, notices and undertakings as may be required by regulatory authorities, stock exchanges and applicable law (collectively with the foregoing documents the “Transaction Documents” and, in respect of the Company, also includes the certificates representing the Shares and Warrants). The Company will file with the Exchange the Private Placement Questionnaires and Undertakings of Subscribers whose subscriptions are accepted.
KIRKLAND LAKE GOLD INC. SUBSCRIPTION AGREEMENT FOR FLOW-THROUGH SHARESSubscription Agreement • February 3rd, 2004 • Kirkland Lake Gold Inc • Gold and silver ores • Ontario
The undersigned (the “Subscriber”) hereby irrevocably subscribes for and agrees to purchase from Kirkland Lake Gold Inc. (the “Corporation”) that number of flow-through Common Shares (the “Flow-Through Shares”) set out below at a price of $4.00 per Flow-Through Share. The Subscriber agrees to be bound by the terms and conditions set forth in the attached “Terms and Conditions of Subscription for Flow-Through Shares” including without limitation the representations, warranties and covenants set forth in the applicable schedules attached thereto. The Subscriber further agrees, without limitation, that the Corporation and the Agents may rely upon the Subscriber’s representations, warranties and covenants contained in such documents.
KIRKLAND LAKE GOLD INC. SUBSCRIPTION AGREEMENT FOR UNITSAgreement • February 3rd, 2004 • Kirkland Lake Gold Inc • Gold and silver ores • British Columbia
The undersigned (the “Subscriber”) hereby irrevocably subscribes for and agrees to purchase from Kirkland Lake Gold Inc. (the “Corporation”) that number of units of the Corporation (the “Units”) set out below at a price of $3.90 per Unit. Each Unit consists of one common share in the capital of the Corporation (a “Common Share”) and one-half of one Common Share purchase warrant (each whole Common Share purchase warrant, a “Warrant”). Each Warrant shall entitle the holder thereof to acquire one Common Share (a “Warrant Share”) at a price of $4.40 until that date which is 18 months following the Closing Date (as defined herein). The Subscriber agrees to be bound by the terms and conditions set forth in the attached “Terms and Conditions of Subscription for Units” including without limitation the representations, warranties and covenants set forth in the applicable schedules attached thereto. The Subscriber further agrees, without limitation, that the Corporation and the Agents may rely u
