0001104659-23-109426 Sample Contracts

AMENDMENT NO. 2 TO INVESTOR RIGHTS AGREEMENT
Investor Rights Agreement • October 16th, 2023 • McEwen Mining Inc. • Gold and silver ores

THIS AMENDMENT NO. 2 TO THE INVESTOR RIGHTS AGREEMENT is made as of October 10, 2023 among FCA Argentina S.A., a corporation existing under the laws of Argentina (the “Investor”), McEwen Copper Inc., a corporation existing under the laws of the Province of Alberta (the “Corporation”), McEwen Mining Inc., a corporation existing under the laws of the State of Colorado (“McEwen Mining”), Minera Andes Inc. (“Minera Andes”), a corporation existing under the laws of the Province of Alberta, and Robert R. McEwen, an individual acting in his personal capacity (“Robert R. McEwen”) (collectively, the “Parties”).

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McEWEN COPPER INC. (the “Issuer”) PRIVATE PLACEMENT SUBSCRIPTION AGREEMENT (COMMON SHARES) INSTRUCTIONS TO SUBSCRIBER
Subscription Agreement • October 16th, 2023 • McEwen Mining Inc. • Gold and silver ores • Ontario

The Issuer hereby accepts the Subscription (as defined herein) on the terms and conditions contained in this private placement subscription agreement (this “Agreement”) as of the 10th day of October, 2023.

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