SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • July 19th, 2019 • Golden Minerals Co • Gold and silver ores • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of July 17, 2019, between Golden Minerals Company, a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
EXHIBIT 10.23 ASSIGNMENT AND ASSUMPTION AGREEMENT ASSIGNMENT AND ASSUMPTION AGREEMENT, dated as of September 27, 1994, by and between Kerry A. McDonald (the "Assignor") and Cordilleras Silver Mines Ltd., a Bahamian corporation (the "Assignee"). W I T...Assignment and Assumption Agreement • August 29th, 1997 • Apex Silver Mines LTD • New York
SHAREHOLDERS' AGREEMENT -----------------------Shareholders' Agreement • October 9th, 1997 • Apex Silver Mines LTD • New York
EXHIBIT 1.2 Apex Silver Mines Limited 1,800,000 Shares //1/ Ordinary Shares ($.01 par value) International Underwriting AgreementApex Silver Mines LTD • November 18th, 1997 • New York
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 9th, 2023 • Golden Minerals Co • Gold and silver ores • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of November 6, 2023, between Golden Minerals Company, a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
Exhibit 10.5 MANAGEMENT SERVICES AGREEMENT -----------------------------Management Services Agreement • October 9th, 1997 • Apex Silver Mines LTD • New York
SEAL)Apex Silver Mines LTD • August 29th, 1997
Exhibit 10.2 Form of Change of Control Agreement Apex Silver Mines Limited has entered into a change of control agreement with Jeffrey G. Clevenger, its President and Chief Executive Officer, effective October 11, 2003 pursuant to which he will...Apex Silver Mines LTD • November 15th, 2004 • Gold and silver ores
PRE-FUNDED COMMON STOCK PURCHASE WARRANT GOLDen MINERALS COMPANYGolden Minerals Co • November 9th, 2023 • Gold and silver ores
THIS PRE-FUNDED COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its 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 hereof (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) until this Warrant is exercised in full (the “Termination Date”) but not thereafter, to subscribe for and purchase from Golden Minerals Company, a Delaware corporation (the “Company”), up to the number of shares set forth above (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
and __________________ as Trustee INDENTUREApex Silver Mines LTD • April 13th, 1999 • Gold and silver ores • New York
DRAFT 3/19/99 Apex Silver Mines Limited _________ Shares Ordinary Shares ($.01 par value) Underwriting AgreementApex Silver Mines LTD • April 13th, 1999 • Gold and silver ores • New York
a) Requests for Registration. Each of Silver Holdings and ------------------------- Argentum may request at any time after 180 days after the Company's initial public offering registration under the Securities Act of 1933, as amended (the "Securities...Registration Rights Agreement • November 18th, 1997 • Apex Silver Mines LTD • New York
UNDERWRITING AGREEMENTUnderwriting Agreement • September 10th, 2014 • Golden Minerals Co • Gold and silver ores • California
Golden Minerals Company, a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the several underwriters named on Schedule I hereto (the “Underwriters,” or, each, an “Underwriter”), an aggregate of up to a total of 3,692,000 units (the “Units”), each unit consisting of (i) one share (each, a “Share”) of the Company’s common stock, par value $0.01 per share (the “Common Stock”) and (ii) a warrant to purchase one half of a share of Common Stock (each, a “Warrant”). The shares of Common Stock underlying the Warrants are referred to herein as the “Warrant Shares;” the Shares, Warrants and Warrant Shares together are the “Securities.” The Units will not be separately issued or certificated. The Shares and the Warrants are immediately separable and will be issued separately, but will be purchased together in the offering. Roth Capital Partners, LLC (“Roth”) is acting as representative of the several Underwriters and in such c
FORM T-1Apex Silver Mines LTD • April 13th, 1999 • Gold and silver ores
AT THE MARKET OFFERING AGREEMENT December 20, 2016Market Offering Agreement • December 20th, 2016 • Golden Minerals Co • Gold and silver ores • New York
Golden Minerals Company, a corporation organized under the laws of Delaware (the “Company”), confirms its agreement (this “Agreement”) with H. C. Wainwright & Co., LLC (the “Manager”) as follows:
AMENDED AND RESTATED UNDERWRITING AGREEMENTUnderwriting Agreement • July 24th, 2020 • Golden Minerals Co • Gold and silver ores • New York
The undersigned, Golden Minerals Company, a company incorporated under the laws of Delaware (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement as being subsidiaries or affiliates of Golden Minerals Company, the “Company”), hereby confirms its agreement (this “Agreement”) with the several underwriters (such underwriters, including the Representative (as defined below), the “Underwriters” and each an “Underwriter”) named in Schedule I hereto for which H.C. Wainwright & Co., LLC is acting as representative to the several Underwriters (the “Representative” and if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriter) on the terms and conditions set forth herein. This Amended and Restated Underwriting Agreement amends, restates and supersedes in its e
SERIES B COMMON STOCK PURCHASE WARRANT GOLDEN MINERALS COMPANYGolden Minerals Co • April 23rd, 2020 • Gold and silver ores
THIS SERIES B COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, (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 October 22, 2020 (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on October 22, 2025 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Golden Minerals Company, a Delaware corporation (the “Company”), up to shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
6,375,000 Ordinary Shares ($.01 par value) Underwriting AgreementUnderwriting Agreement • May 9th, 2006 • Apex Silver Mines LTD • 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, 6,375,000 Ordinary Shares, $.01 per share par value (“Ordinary Shares”) of the Company (said shares to be issued and sold by the Company being hereinafter called the “Securities”). To the extent there are no additional Underwriters listed on Schedule I other than you, the term Representative as used herein shall mean you, as Underwriter, and the terms Representative and Underwriters shall mean either the singular or plural as the context requires. The use of the neuter in this Agreement shall include the feminine and masculine wherever appropriate. Any reference herein to the Registration Statement, the Base Prospectus, any Preliminary Prospectus or the Final Prospectus shall be deemed to refer to and include the documents incorporated by reference therein purs
6,325,000 Ordinary Shares ($.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
WITNESSETH:Collateral Pledge and Security Agreement • December 17th, 2004 • Apex Silver Mines LTD • Gold and silver ores • New York
SERIES A COMMON STOCK PURCHASE WARRANT golden minerals companyGolden Minerals Co • November 9th, 2023 • Gold and silver ores
THIS SERIES A COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its 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 November __, 2023 (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on November __, 2028 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Golden Minerals Company, a Delaware corporation (the “Company”), up to the number of shares set forth above (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
Exhibit 10.3 BUY-SELL AGREEMENT ------------------Buy-Sell Agreement • August 29th, 1997 • Apex Silver Mines LTD
SERIES A COMMON STOCK PURCHASE WARRANTGolden Minerals Co • October 25th, 2023 • Gold and silver ores
THIS SERIES A COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its 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 “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on _______, 2028 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Golden Minerals Company, a Delaware corporation (the “Company”), up to the number of shares set forth above (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
COMMON STOCK PURCHASE WARRANT golden minerals companyGolden Minerals Co • June 29th, 2023 • Gold and silver ores
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its 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 December __, 2023 (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on December __, 2028 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Golden Minerals Company, a Delaware corporation (the “Company”), up to the number of shares set forth above (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
EXHIBIT 10.30 AMENDED AND RESTATED VOTING TRUST AGREEMENT, amended and restated as of the 29th day of October, 1997 (this "Agreement"), between THOMAS KAPLAN, with an address c/o Rosenman & Colin LLP, 575 Madison Avenue, New York, New York 10022-...Voting Trust Agreement • November 18th, 1997 • Apex Silver Mines LTD • New York
SERIES B COMMON STOCK PURCHASE WARRANTGolden Minerals Co • October 25th, 2023 • Gold and silver ores
THIS SERIES B COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its 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 “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on ______1 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Golden Minerals Company, a Delaware corporation (the “Company”), up to the number of shares set forth above (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • October 18th, 2004 • Apex Silver Mines LTD • Gold and silver ores • New York
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made and entered into as of October 15, 2004 between Apex Silver Mines Limited, a Cayman Islands company (the “Company”), and the Initial Purchasers, pursuant to the Purchase Agreement, dated October 11, 2004 (the “Purchase Agreement”), between the Company and the Initial Purchasers. In order to induce the Initial Purchasers to enter into the Purchase Agreement, the Company has agreed to provide the registration rights set forth in this Agreement. The execution of this Agreement is a condition to the closing under the Purchase Agreement.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • June 14th, 2016 • Golden Minerals Co • Gold and silver ores • Colorado
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made and entered into as of June 10, 2016 by and between GOLDEN MINERALS COMPANY, a Delaware corporation (the “Company”), and Sentient Global Resources Fund IV, L.P., a Cayman Islands exempted limited partnership (“Buyer”).
Exhibit 10.30 VOTING TRUST AGREEMENT, made as of the 1st day of August, 1997, between THOMAS KAPLAN, with an address c/o Rosenman & Colin LLP, 575 Madison Avenue, New York, New York 10022-2585, Attn.: Steven E. Plotnick, Esq., as Trustee (hereinafter...Voting Trust Agreement • October 9th, 1997 • Apex Silver Mines LTD • New York
MINING AGREEMENT betweenMining Agreement • August 29th, 1997 • Apex Silver Mines LTD
Attached hereto is an English translation of the original Spanish version of contracts dated January 12, 1995 between Andean Silver Corporation LDC and 190 of the co-owners of the assets which previously belonged to Empresa Minera San Juan de Lucanas,...Apex Silver Mines LTD • August 29th, 1997
100,000,000 4.0% Convertible Senior Subordinated Notes Due 2024* Purchase AgreementApex Silver Mines LTD • October 18th, 2004 • Gold and silver ores • New York
Apex Silver Mines Limited, a Cayman Islands company (the “Company”), proposes to issue and sell to the several parties named in Schedule I hereto (the “Initial Purchasers”), for whom you (the “Representative”) are acting as representative, $100,000,000 aggregate principal amount of its 4.0% Convertible Senior Subordinated Notes due 2024 (the “Firm Securities”). The Company also proposes to grant to the Initial Purchasers an option to purchase up to $50,000,000 additional aggregate principal amount of such Notes (the “Option Securities” and, together with the Firm Securities, the “Securities”). The Securities are convertible into ordinary shares, par value $.01 per share (the “Ordinary Shares”), of the Company. The Securities are to be issued under an indenture (the “Indenture”), dated as of the Closing Date, between the Company and The Bank of New York, as trustee (the “Trustee”). The Securities will have the benefit of a registration rights agreement (the “Registration Rights Agreemen
APEX SILVER MINES LIMITED, Issuer AND Trustee INDENTURE Dated as of [ ] Subordinated Debt SecuritiesIndenture • November 14th, 2006 • Apex Silver Mines LTD • Gold and silver ores • New York
Indenture, dated as of November 1, 2006, among Apex Silver Mines Limited, a corporation duly organized and existing under the laws of the Cayman Islands (the “Company”), and [ ], as trustee (the “Trustee”):
GOLDEN MINERALS COMPANY 5,497,504 Units Consisting of One Share of Common Stock and A Warrant to Purchase 0.50 of a Share of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • September 19th, 2012 • Golden Minerals Co • Gold and silver ores • New York
EXHIBIT 1.3 PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • November 18th, 1997 • Apex Silver Mines LTD • New York
