AVINO SILVER & GOLD MINES LTD. Common Shares (no par value) Amended and Restated Controlled Equity OfferingSM Sales AgreementSales Agreement • August 4th, 2017 • Avino Silver & Gold Mines LTD • Metal mining • New York
Reference is made to the Controlled Equity OfferingSM Sales Agreement, dated as of December 31, 2013 (the “Original Agreement”), by and between Avino Silver & Gold Mines Ltd. (the “Company”), a company continued under the Business Corporations Act (British Columbia) (the “BCBCA”), and Cantor Fitzgerald & Co. (the “Agent”), pursuant to which the Company proposed to issue and sell through the Agent, from time to time during the term of the Original Agreement, on the terms and subject to the conditions set forth in the Original Agreement, common shares of the Company, no par value per share (“Common Shares”). The Company and the Agent wish to amend and restate the Original Agreement in its entirety as provided hereby.
