ContractSecurities Purchase Agreement • August 14th, 2017 • El Capitan Precious Metals Inc • Metal mining
Contract Type FiledAugust 14th, 2017 Company IndustryAMENDMENT TO THE SECURITIES PURCHASE AGREEMENT AND $550,000 PROMISSORY NOTE DATED February 21, 2017 The parties agree that the Securities Purchase Agreement and $550,000 Promissory Note by and between El Capitan Precious Metals, Inc. ("Company") and Lucas Hoppel ("Holder") is hereby amended as follows: Maturity Date: The Maturity Date shall for the first tranche of $100,000 shall be extended to November 15th, 2017. Conversion Price: The Conversion Price shall permanently be changed to equal the lesser of (a) the VWAP of the Common Stock on the trading day prior to the any Advance or (b) 75% of the average of the two lowest daily trades in the five trading days prior to the conversion notice. ALL OTHER TERMS AND CONDITIONS OF THE $550,000 PROMISSORY NOTE REMAIN IN FULL FORCE AND EFFECT. Please indicate acceptance and approval of this amendment dated July 24th, 2017 by signing below: John F. Stapleton El Capital Precious Metals, Inc. Chief Executive Officer
COMMON STOCK PURCHASE WARRANT EL CAPITAN PRECIOUS METALS, INC.Security Agreement • August 14th, 2017 • El Capitan Precious Metals Inc • Metal mining • Nevada
Contract Type FiledAugust 14th, 2017 Company Industry JurisdictionThis COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received (in connection with making an advance to the Company (as defined herein) under the convertible note dated February 21, 2017 in the original principal amount of $550,000.00 (the “Note”)), Lucas Hoppel (including any permitted and registered assigns, the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date of issuance hereof (the “Issuance Date”), to purchase from El Capitan Precious Metals, Inc., a Nevada corporation (the “Company”), 891,410 shares of Common Stock (as defined below) (the “Warrant Shares”) at the Exercise Price (as defined below) per share then in effect, subject to adjustment from time to time pursuant to the terms and conditions of this Warrant).