0001076542-11-000118 Sample Contracts

RIGHTS AGREEMENT
Agreement • August 31st, 2011 • El Capitan Precious Metals Inc • Metal mining • Nevada

Until the Distribution Date (or earlier redemption, exchange or expiration of the Preferred Rights), (i) the Preferred Rights will be evidenced by the Common Stock certificates and will be transferred with and only with such Common Stock certificates, (ii) new Common Stock certificates issued after the Record Date will contain a notation incorporating the Preferred Rights Agreement by reference, and (iii) the surrender for transfer of any certificates for Common Stock will also constitute the transfer of the Preferred Rights associated with the Common Stock represented by such certificate.

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EL CAPITAN PRECIOUS METALS, INC. and OTR, INC. Rights Agent Amendment No. 1 to Rights Agreement Dated as of August 25, 2011
Rights Agreement • August 31st, 2011 • El Capitan Precious Metals Inc • Metal mining • Nevada

AMENDMENT No. 1 (the “Amendment”), dated as of August 25, 2011, to the Rights Agreement, dated as of December 28, 2005 (the “Rights Agreement”) between El Capitan Precious Metals, Inc., a Nevada corporation (the “Company”), and OTR, Inc. (the “Rights Agent”).

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