AMENDED AND RESTATED SUBSCRIPTION AGREEMENTSubscription Agreement • February 20th, 2009 • McEwen Robert Ross • Ontario
This amended and restated subscription agreement is to confirm the agreement between the Subscriber (as hereinafter defined) and Minera Andes Inc. (the “Corporation”), subject to the terms and conditions set forth herein, whereby the Subscriber will subscribe for (i) 18,299,970 Common Shares from treasury of the Corporation (the “First Tranche Purchased Common Shares”) at the price of $1.00 per Purchased Common Share (the “Purchase Price”), and (ii) in the event the Bank Facility Assumption (as defined below) has not been completed on or prior to 5:00 p.m. (Toronto time) on Wednesday, February 25, 2009, an additional 21,700,030 Common Shares from treasury of the Corporation (the “Second Tranche Purchased Common Shares”, and together with the First Tranche Purchased Common Shares, the “Purchased Common Shares”) at the Purchase Price.
JOINT FILING AGREEMENT Pursuant to Rule 13d-1(k)(1)Joint Filing Agreement • December 12th, 2008 • McEwen Robert Ross • Mineral royalty traders
The undersigned acknowledge and agree that the foregoing statement on Schedule 13D is filed on behalf of each of the undersigned and that all subsequent amendments to this statement on Schedule 13D shall be filed on behalf of each of the undersigned without the necessity of filing additional joint acquisition statements. The undersigned acknowledge that each shall be responsible for the timely filing of such amendments, and for the completeness and accuracy of the information concerning him contained therein, but shall not be responsible for the completeness and accuracy of the information concerning the other, except to the extent that he knows or has reason to believe that such information is inaccurate.
