Security Agreement dated as of February 11, 2008 made by Wits Basin Precious Minerals Inc. and its subsidiaries party thereto from time to time, as Debtors to and in favor of the Secured Party identified therein (the “Security Agreement”)
Exhibit
4.4
Security
Agreement dated as of February 11, 2008 made by
Wits
Basin Precious Minerals Inc.
and its
subsidiaries party thereto from time to time, as Debtors
to and in
favor of
the
Secured Party identified therein (the “Security Agreement”)
Reference is made to the Security
Agreement as defined above; capitalized terms used herein and not otherwise
defined herein shall have the meanings given to such terms in, or by reference
in, the Security Agreement.
The undersigned, Xxxxxx Xxxxx Mining
Corporation, a Minnesota corporation, hereby agrees that upon delivery of this
Additional Debtor Joinder to the Secured Party referred to above, the
undersigned shall (a) be an Additional Debtor under the Security Agreement, (b)
have all the rights and obligations of the Debtors under the Security Agreement
as fully and to the same extent as if the undersigned was an original signatory
thereto and (c) be deemed to have made the representations and warranties set
forth therein as of the date of execution and delivery of this Additional
Debtor Joinder (as supplemented or replaced as referenced
below). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE
UNDERSIGNED SPECIFICALLY GRANTS TO THE SECURED PARTY A SECURITY INTEREST IN THE
COLLATERAL AS MORE FULLY SET FORTH IN THE SECURITY AGREEMENT AND ACKNOWLEDGES
AND AGREES TO THE WAIVER OF JURY TRIAL PROVISIONS SET FORTH
THEREIN.
Attached hereto are supplemental and/or
replacement Schedules to the Security Agreement, as applicable.
An executed copy of this Joinder shall
be delivered to the Secured Party, and the Secured Party may rely on the matters
set forth herein on or after the date hereof. This Joinder shall not
be modified, amended or terminated without the prior written consent of the
Secured Party.
Exhibit
4.4
IN WITNESS WHEREOF, the undersigned has
caused this Joinder to be executed in the name and on behalf of the
undersigned.
XXXXXX
XXXXX MINING
CORPORATION
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By:
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/s/
Xxxx X. Xxxxx
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Name:
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Xxxx
X. Xxxxx
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Title:
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Chief
Financial Officer
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Address:
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900
IDS Center
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00
Xxxxx 0xx Xxxxxx
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Xxxxxxxxxxx,
XX 00000-0000
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Dated: July
10, 2008