1(a)(iv) of the Acquisition Agreement unless the Acquisition has not closed by October 6, 2009, which effectively extends the drop dead date
from September 29, 2009 to October 6, 2009 in the event that stockholder approval is obtained.
All other terms of the Firestone Agreement, as amended, remain the same and accordingly, if the conditions of the Firestone Agreement and the Amendment Letter are not satisfied or waived by the Revised Drop Dead Date
, the Acquisition will not complete.
Tango Mining has also agreed to pay into escrow the ongoing cost of BK11's care and maintenance programme from the date of the agreement up to the earlier of the date of completion of the disposal and the drop dead date
, up to a maximum of USD 40,000 per month.