AGENCY AGREEMENTAgency Agreement • December 1st, 2010 • NiMin Energy Corp. • Crude petroleum & natural gas • Alberta
Thomas Weisel Partners Canada Inc. (the “Agent”) understands that NiMin Energy Corp. (the “Corporation”) proposes to issue and sell an aggregate of up to 8,000,000 common shares of the Corporation at an issue price of $1.25 per common share (the “Prospectus Shares”) for gross proceeds of up to $10,000,000. Additionally, the Corporation hereby grants to the Agent an option (the “Over-Allotment Option”) to purchase from the Corporation, at the Agent’s election, up to an additional 1,200,000 common shares of the Corporation at $1.25 per share (the “Over-Allotment Shares”). The Agent may exercise the Over-Allotment Option, in whole or in part, at any time prior to 4:00 p.m. (Calgary time) on the date that is 30 days after the Closing Date for the purpose of covering over-allotments, if any, and for market stabilization purposes, by written notice to the Corporation setting forth the number of Over-Allotment Shares to be issued and sold. The Prospectus Shares and the Over-Allotment Shares s
AMENDED AND RESTATED SCHEDULE to the Master Agreement dated as of January 4, 2010 betweenMaster Agreement • December 1st, 2010 • NiMin Energy Corp. • Crude petroleum & natural gas • Texas
Party A and Party B entered into an ISDA Master Agreement (“Master Agreement”) and Schedule thereto (“Original Schedule”), dated as of April 1, 2009 (collectively the “Original Agreement”). Party A and Party B desire to amend and restate the Original Schedule as follows below. This Amended and Restated Schedule (“Schedule”) and the Master Agreement are referred to collectively as the “Agreement”.
MASTER AGREEMENTMaster Agreement • December 1st, 2010 • NiMin Energy Corp. • Crude petroleum & natural gas • Texas
have entered and/or anticipate entering into one or more transactions (each a “Transaction”) that are or will be governed by this Master Agreement, which includes the schedule (the “Schedule”), and the documents and other confirming evidence (each a “Confirmation”) exchanged between the parties confirming those Transactions.
