6,325,000 Ordinary Shares ($.01 par value) Underwriting AgreementApex Silver Mines LTD • August 9th, 2006 • Gold and silver ores • New York
Apex Silver Mines Limited, a Cayman Islands company (the “Company”), proposes to sell to the several underwriters named in Schedule I hereto (the “Underwriters”), for whom you (the “Representative”) are acting as representative, 6,325,000 Ordinary Shares, $.01 per share par value (“Ordinary Shares”) of the Company (said shares to be issued and sold by the Company being hereinafter called the “Securities”). To the extent there are no additional Underwriters listed on Schedule I other than you, the term Representative as used herein shall mean you, as Underwriter, and the terms Representative and Underwriters shall mean either the singular or plural as the context requires. The use of the neuter in this Agreement shall include the feminine and masculine wherever appropriate. Any reference herein to the Registration Statement, the Base Prospectus, any Preliminary Prospectus or the Final Prospectus shall be deemed to refer to and include the documents incorporated by reference therein purs
FORM OF CHANGE OF CONTROL AGREEMENTChange of Control Agreement • August 9th, 2006 • Apex Silver Mines LTD • Gold and silver ores
Apex Silver Mines Limited has entered into a change of control agreement with Gerald J. Malys, its Senior Vice President and Chief Financial Officer, effective June 12, 2006 pursuant to which he will receive certain benefits upon his termination of employment or the occurrence of certain other events following a Change of Control as defined in the agreement.
SEPARATION AGREEMENT AND RELEASESeparation Agreement and Release • August 9th, 2006 • Apex Silver Mines LTD • Gold and silver ores • Colorado
This Separation Agreement and Release (“Agreement”) is made between (i) Mark A. Lettes (“Employee”) and (ii) Apex Silver Mines Corporation (the “Company”). Employee and the Company are referred to collectively as the “Parties” and individually as a “Party.” The Effective Date of this Agreement will be as set forth in Section 1.
