AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT January 30, 2013Limited Liability Company Agreement • February 6th, 2013 • Gryphon Gold Corp • Gold and silver ores • Nevada
This Amended and Restated Limited Liability Company Agreement of BOREALIS MINING COMPANY LLC, a Nevada limited liability company (the “Company”), dated and effective as of January 30, 2013 (the “Effective Date”), is entered into by and among:
CONTRIBUTION AGREEMENT dated as of January 30, 2013 among GRYPHON GOLD CORPORATION BOREALIS MINING COMPANY LLC WATERTON GLOBAL VALUE, L.P. and BOREALIS HOLDINGS LLCContribution Agreement • February 6th, 2013 • Gryphon Gold Corp • Gold and silver ores • Colorado
This CONTRIBUTION AGREEMENT, dated as of January 30, 2013 (this “Agreement”), is by and among Gryphon Gold Corporation, a corporation organized and existing under the laws of Nevada (“Gryphon” or “Seller”), Borealis Mining Company LLC, a limited liability company organized and existing under the laws of Nevada (the “Company”), Waterton Global Value, L.P., by its Investment Manager, Altitude Management Limited (“Waterton”) and Borealis Holdings LLC, an Affiliate of Waterton (“Holdings”, with Waterton and Holdings, collectively, together with their successors and assigns, being collectively referred to as the “Purchaser”). The Seller, the Company, Waterton and Holdings are each referred to individually as a “Party” and collectively as the “Parties.”
THIRD AMENDMENT TO SENIOR SECURED GOLD STREAM CREDIT AGREEMENTStream Credit Agreement • February 6th, 2013 • Gryphon Gold Corp • Gold and silver ores • Ontario
GRYPHON GOLD CORPORATION, a corporation incorporated pursuant to the laws of the State of Nevada, as the borrower (the “Borrower”),
