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D. Coplen, No. 2, Thomas Kearn and Brile Placer Mining Claims, M.S. 995 situated in the Summit Mining District in Section 4, Township 49 North, Range 5 East, B.M. Shoshone County, State of Idaho. Patent recorded in Book 4, Deeds, at page 533.

The VSA Payable Liability shall be calculated as of the end of each calendar quarter (or month if calculated on a monthly basis) as follows:

Form D. On ​ the Company filed a Form D with respect to the Shares as

Washington, D.C.: In the Non-Compete Restriction, paragraph 1 of [Exhibit B], the language “for a period ending twelve (12) months” is replaced with “for a period ending 365 days.”

Regulation D Qualification. Neither the Company nor, to its actual knowledge, any of its affiliates, members, officers, directors or beneficial shareholders of 20% or more of its outstanding securities, has experienced a disqualifying event as enumerated pursuant to Rule 506(d) of Regulation D under the Securities Act.

D&O Insurance. Within 60 calendar days of the Closing, the Company shall purchase director and officer insurance on behalf of the Company's (including its subsidiary) officers and directors for a period of 18 months after the Closing with respect to any losses, claims, damages, liabilities, costs and expense in connection with any actual or threatened claim or proceeding that is based on, or arises out of their status as a director or officer of the Company. The insurance policy shall provide for two years of tail coverage.

D&O Insurance. The Company shall maintain in full force and effect director’s and officer’s liability insurance to the extent that such insurance on commercially reasonable terms. Such insurance shall be in such form, and shall provide for such coverage and deductibles, as shall be commercially reasonable and standard for companies in businesses and circumstances similar to those of the Company. The parties agree and acknowledge that the Company’s current coverage limits are adequate and satisfactory.

Regulation D Offering. The offer and issuance of the 2024 Secured Notes to the Subscribers is being made pursuant to the exemption from the registration provisions of the 1933 Act afforded by [Section 4(a)(2)] or [Section 4(a)(6)] of the 1933 Act and/or Rule 506 of Regulation D promulgated thereunder. agrees to timely file a Form D with respect to the 2024 Secured Notes as required under Regulation D and to provide a copy thereof upon request of any Subscriber. shall take such action as it shall reasonably determine is necessary in order to obtain an exemption, or to qualify, the 2024 Secured Notes for issuance to the Subscribers under applicable securities or “Blue Sky” laws of the states of the United States, and shall provide evidence of such actions promptly upon request of any Subscriber.

Zweite DH Verwaltungs GmbH, Opelstraße 28, D-68789 St. Leon-Rot (the “Existing Party 6”);

1 SELLER certifies that all LSFO sold is less than 1% water by ASTM D-95/D-4006 and will validate with quarterly tests using ASTM D-95/D-4006

Regulation D” means Regulation D of the FRB.

"Regulation D" means Regulation D of the Board.

Issue Date (M/D/Y): ​ Maturity Date (M/D/Y): ​

Section # Amendment to [Section 6.1(d)] of the Agreement. [Section 6.1(d)] of the Agreement shall be amended to add the following proviso to the end of [Section 4.3(d)]:

the proportion borne by each Lender's participation in the maturing Facility D Loan to the amount of that maturing Facility D Loan is the same as the proportion borne by that Lender's participation in the new Facility D Loans to the aggregate amount of those new Facility D Loans,

#[Exhibit D] to the Loan Agreement is replaced with [Exhibit D] attached hereto.

Regulation D” shall mean the provisions of Regulation D promulgated under the Securities Act.

Person” shall have the meaning ascribed to such term in [Section 3(a)] (9) of the Exchange Act and used in [[Sections 13(d) and 14(d)])]])] thereof, including a “group” as defined in [Section 13(d)] thereof.

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