Common use of Distributions with Respect to Unsurrendered Certificates Clause in Contracts

Distributions with Respect to Unsurrendered Certificates. No dividends or other distributions declared or made after the Effective Time with respect to First Majestic Shares with a record date after the Effective Time shall be paid to the holder of any unsurrendered certificate which immediately prior to the Effective Time represented outstanding Silvermex Shares that were exchanged pursuant to Section 2.3 unless and until the holder of record of such certificate shall surrender such certificate in accordance with Section 4.1. Subject to applicable law, at the time of such surrender of any such certificate (or in the case of clause (ii) below, at the appropriate payment date), there shall be paid to the holder of record of the certificates formerly representing whole Silvermex Shares, without interest, (i) the amount of dividends or other distributions with a record date after the Effective Time theretofore paid with respect to such whole First Majestic Share and (ii) on the appropriate payment date, the amount of dividends or other distributions with a record date after the Effective Time but prior to surrender and a payment date subsequent to surrender payable with respect to such whole First Majestic Share.

Distributions with Respect to Unsurrendered Certificates. No dividends or other distributions declared or made after the Effective Time with respect to First Majestic Difference Shares with a record date after the Effective Time shall be paid to the holder of any unsurrendered certificate which immediately prior to the Effective Time represented outstanding Silvermex Mogo Shares that were exchanged pursuant to Section 2.3 2.4 unless and until the holder of record of such certificate shall surrender such certificate in accordance with Section 4.1. Subject to applicable law, at the time of such surrender of any such certificate (or in the case of clause (ii) below, at the appropriate payment date), there shall be paid to the holder of record of the certificates formerly representing whole Silvermex Mogo Shares, without interest, (iA) the amount of dividends or other distributions with a record date after the Effective Time theretofore paid with respect to such whole First Majestic Difference Share and (iiB) on the appropriate payment date, the amount of dividends or other distributions with a record date after the Effective Time but prior to surrender and a payment date subsequent to surrender payable with respect to such whole First Majestic Difference Share.

Distributions with Respect to Unsurrendered Certificates. No dividends or other distributions declared or made after the Effective Time with respect to First Majestic Exchangeable Shares or Parent Common Stock with a record date after the Effective Time shall will be paid to the holder of any unsurrendered certificate which immediately prior to the Effective Time represented outstanding Silvermex Common Shares that were exchanged pursuant to Section 2.3 2.2, unless and until the holder of record of such certificate shall surrender such certificate in accordance with Section 4.14.1 or 4.2. Subject to applicable law, at the time of such surrender of any such certificate (or in the case of clause (ii) below, at the appropriate payment date)certificate, there shall will be paid to the record holder of record of the certificates formerly representing whole Silvermex Common Shares, without interest, (i) the amount of dividends or other distributions with a record date after the Effective Time theretofore paid with respect to such whole First Majestic Share Exchangeable Shares or Parent Common Stock, as the case may be, that the holder is entitled to receive and (iiiii) on the appropriate payment date, the amount of dividends or other distributions with a record date after the Effective Time but prior to surrender and a payment date subsequent to surrender payable with respect to such whole First Majestic ShareExchangeable Share or Parent Common Stock, as the case may be, that the holder is entitled to receive.

Distributions with Respect to Unsurrendered Certificates. No dividends or other distributions declared or made after the Effective Time with respect to First Majestic Shares and Newco Shares with a record date after the Effective Time shall be paid to the holder of any unsurrendered certificate which immediately prior to the Effective Time represented outstanding Silvermex Normabec Shares that were exchanged pursuant to Section 2.3 2.3(d), unless and until the holder of record of such certificate shall surrender such certificate in accordance with Section 4.1. Subject to applicable law, at the time of such surrender of any such certificate (or in the case of clause (ii) below, at the appropriate payment date), there shall be paid to the holder of record of the certificates formerly representing whole Silvermex Normabec Shares, without interest, (i) the amount of dividends or other distributions with a record date after the Effective Time theretofore paid with respect to such whole First Majestic Share or Newco Share and (ii) on the appropriate payment date, the amount of dividends or other distributions with a record date after the Effective Time but prior to surrender and a payment date subsequent to surrender payable with respect to such whole First Majestic Share or Newco Share.

Distributions with Respect to Unsurrendered Certificates. No dividends or other distributions declared or made after the Effective Time with respect to First Majestic Metalla Shares with a record date after the Effective Time shall be paid to the holder of any unsurrendered certificate which immediately prior to the Effective Time represented outstanding Silvermex ValGold Shares that were exchanged pursuant to Section 2.3 2.3(b) unless and until the holder of record of such certificate shall surrender such certificate in accordance with Section 4.1. Subject to applicable law, at the time of such surrender of any such certificate (or in the case of clause (ii) below, at the appropriate payment date), there shall be paid to the holder of record of the certificates formerly representing whole Silvermex ValGold Shares, without interest, (i) the amount of dividends or other distributions with a record date after the Effective Time theretofore paid with respect to such whole First Majestic Metalla Share and (ii) on the appropriate payment date, the amount of dividends or other distributions with a record date after the Effective Time but prior to surrender and a payment date subsequent to surrender payable with respect to such whole First Majestic Metalla Share.

Distributions with Respect to Unsurrendered Certificates. No dividends or other distributions declared or made after the Effective Time with respect to First Majestic Resulting Issuer Shares with a record date after the Effective Time shall be paid to the holder of any unsurrendered certificate which that immediately prior to the Effective Time represented outstanding Silvermex EMV Shares that were exchanged pursuant to Section 2.3 3.01 unless and until the holder of record of such certificate shall surrender has surrendered such certificate in accordance with Section 4.15.01. Subject to applicable law, at the time of such surrender of any such certificate (or in the case of clause (iib) below, at the appropriate payment date), there shall be paid to the holder of record of the certificates formerly representing whole Silvermex EMV Shares, without interest, (ia) the amount of dividends or other distributions with a record date after the Effective Time theretofore paid with respect to such whole First Majestic Resulting Issuer Share and (iib) on the appropriate payment date, the amount of dividends or other distributions with a record date after the Effective Time but prior to surrender and a payment date subsequent to surrender payable with respect to such whole First Majestic Resulting Issuer Share.

Distributions with Respect to Unsurrendered Certificates. No dividends or other distributions declared or made effective after the Effective Time with respect to First Majestic Excellon Common Shares with a record date after the Effective Time shall be paid to the holder of any unsurrendered certificate (which immediately prior to the Effective Time represented outstanding Silvermex Silver Eagle Common Shares that which were exchanged pursuant to Section 2.3 3.1) unless and or until the holder of record of such certificate shall surrender such certificate in accordance with Section 4.15.1. Subject to applicable law, at the time of such surrender of any such certificate (or or, in the case of clause (ii) below, at the appropriate payment date), there shall be paid to the holder of record of the certificates formerly representing whole Silvermex SharesRegistered Holder, without interest, interest (i) the amount of dividends or other distributions with a record date after the Effective Time theretofore paid with respect to the Excellon Common Shares, to which such whole First Majestic Share and Registered Holder is entitled; or (ii) on the appropriate payment date, the amount of dividends or other distributions with a record date after the Effective Time but prior to surrender and a payment date subsequent to surrender surrender, payable with respect to the Excellon Common Shares, to which such whole First Majestic Shareholder is entitled.