0001144204-08-010364 Sample Contracts

ESCROW AGREEMENT
Escrow Agreement • February 19th, 2008 • El Capitan Precious Metals Inc • Metal mining • Nevada

This ESCROW AGREEMENT (this “Agreement”) is entered into as of __________, 2008, by and among Gold and Minerals Company, Inc., a Nevada corporation (“G&M”), El Capitan Precious Metals, Inc., a Nevada corporation (“ECPN”), Larry Lozensky (“Shareholder”), and [Name of Bank], as escrow agent (the “Escrow Agent”).

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AGREEMENT AND PLAN OF MERGER BY AND AMONG GOLD AND MINERALS COMPANY, INC., EL CAPITAN PRECIOUS METALS, INC. LARRY LOZENSKY AND EL CAPITAN ACQUISITION COMPANY FEBRUARY 12, 2008
Agreement and Plan of Merger • February 19th, 2008 • El Capitan Precious Metals Inc • Metal mining • Nevada

This Agreement and Plan of Merger (this “Agreement”) is entered into as of February 12, 2008, by and among Gold and Minerals Company, Inc., a Nevada corporation (“Gold and Minerals”), Larry Lozensky, who is a shareholder of Gold and Minerals (the “Shareholder”), El Capitan Precious Metals, Inc., a Nevada corporation (“ECPN”), and El Capitan Acquisition Company, a Nevada corporation and wholly-owned subsidiary of ECPN (“MergerCo”).

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