FIFTH OMNIBUS AMENDMENT AGREEMENT Among MINERA SAN CRISTÓBAL, S.A., as Borrower APEX SILVER MINES LIMITED, APEX SILVER MINES SWEDEN AB, APEX LUXEMBOURG S.A. R.L., APEX SILVER FINANCE LTD., APEX METALS MARKETING GmbH, SUMITOMO CORPORATION, SC MINERALS...Fifth Omnibus Amendment Agreement • March 16th, 2009 • Apex Silver Mines LTD • Gold and silver ores • New York
This FIFTH OMNIBUS AMENDMENT AGREEMENT (this "Agreement"), dated as of December 17, 2008, is entered into among MINERA SAN CRISTÓBAL, S.A., a sociedad anónima organized under the laws of Bolivia (the "Borrower"), APEX SILVER MINES LIMITED, an exempted company duly incorporated with limited liability and validly existing under the laws of the Cayman Islands ("ASM"), APEX SILVER MINES SWEDEN AB, a privat aktiebolag organized under the laws of Sweden ("Apex Sweden"), APEX LUXEMBOURG S.A. R.L., a société à responsabilité limitée organized under the laws of Luxembourg ("Apex Luxembourg"), APEX SILVER FINANCE LTD., an exempted company duly incorporated with limited liability and validly existing under the laws of the Cayman Islands ("Apex Silver Finance"), APEX METALS MARKETING GmbH, a company with limited liability organized under the laws of Switzerland ("Apex Metals Marketing"), SUMITOMO CORPORATION, a corporation organized under the laws of Japan ("Sumitomo"), SC MINERALS AKTIEBOLAG, a p
