Common use of Amendments to Plan of Arrangement Clause in Contracts

Amendments to Plan of Arrangement. (a) HudBay and Skye reserve the right to amend, modify or supplement this Plan of Arrangement at any time and from time to time, provided that each such amendment, modification or supplement must be (i) set out in writing, (ii) agreed to in writing by HudBay and Skye, (iii) filed with the Court and, if made following the Skye Meeting, approved by the Court, and (iv) communicated to holders or former holders of Skye Shares, Skye Options and Skye DSUs if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Skye at any time prior to the Skye Meeting provided that HudBay shall have consented thereto in writing, with or without any other prior notice or communication, and, if so proposed and accepted by the persons voting at the Skye Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes. (c) Any amendment, modification or supplement to this Plan of Arrangement that is approved by the Court following the Skye Meeting shall be effective only if: (i) it is consented to in writing by each of HudBay and Skye; and (ii) if required by the Court, it is consented to by holders of the Skye Shares, Skye Options and Skye DSUs voting in the manner directed by the Court. (d) This Plan of Arrangement may be withdrawn prior to the Effective Time in accordance with the terms of the Arrangement Agreement.

Amendments to Plan of Arrangement. (a) HudBay and Skye reserve True Gold reserves the right to amend, modify or supplement this Plan of Arrangement at any time and from time to time, provided provided, however, that each such amendment, modification or supplement must be be: (i) set out in writing, ; (ii) agreed to in writing by HudBay Endeavour and Skye, True Gold; (iii) filed with the Court and, if made following the Skye True Gold Meeting, approved by the Court, ; and (iv) communicated to holders or former holders of Skye Shares, Skye Options and Skye DSUs True Gold Securities if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Skye True Gold at any time prior to the Skye Meeting provided True Gold Meeting; provided, however, that HudBay Endeavour shall have consented thereto in writing, with or without any other prior notice or communication, and, if so proposed and accepted by the persons voting at the Skye True Gold Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes. (c) Any amendment, modification or supplement to this Plan of Arrangement that is approved by the Court following the Skye True Gold Meeting shall be effective only if: (i) it is consented to in writing by each of HudBay Endeavour and SkyeTrue Gold; (ii) it is filed with the Court (other than amendments contemplated in Section 6.1(d), which shall not require such filing) and (iiiii) if required by the Court, it is consented to by holders of the Skye Shares, Skye Options and Skye DSUs True Gold Shares voting in the manner directed by the Court. (d) This Plan of Arrangement may be withdrawn prior to the Effective Time in accordance with the terms of the Arrangement Agreement.

Amendments to Plan of Arrangement. (a) HudBay Eldorado and Skye European Goldfields reserve the right to amend, modify or supplement this Plan of Arrangement at any time and from time to time, provided provided, however, that each such amendment, modification or supplement must be be: (i) set out in writing, ; (ii) agreed to in writing by HudBay Eldorado and Skye, European Goldfields; (iii) filed with the Court and, if made following the Skye European Goldfields Meeting, approved by the Court, ; and (iv) communicated to holders or former holders of Skye Shares, Skye Options and Skye DSUs European Goldfields Securities if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Skye European Goldfields at any time prior to the Skye Meeting provided European Goldfields Meeting; provided, however, that HudBay Eldorado shall have consented thereto in writing, with or without any other prior notice or communication, and, if so proposed and accepted by the persons voting at the Skye European Goldfields Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes. (c) Any amendment, modification or supplement to this Plan of Arrangement that is approved by the Court following the Skye European Goldfields Meeting shall be effective only if: (i) it is consented to in writing by each of HudBay Eldorado and SkyeEuropean Goldfields; (ii) it is filed with the Court (other than amendments contemplated in Subsection 6.1(d), which shall not require such filing) and (iiiii) if required by the Court, it is consented to by holders of the Skye Shares, Skye Options and Skye DSUs European Goldfields Shares voting in the manner directed by the Court. (d) This Plan of Arrangement may be withdrawn prior to the Effective Time in accordance with the terms of the Arrangement Agreement.

Amendments to Plan of Arrangement. (a) HudBay Purchaser and Skye JDS Silver reserve the right to amend, modify or and/or supplement this Plan of Arrangement at any time and from time to time, provided that each such any amendment, modification or supplement must be (i) set out in writing, (ii) agreed to in writing by HudBay Purchaser and Skye, (iii) JDS Silver contained in a written document which is filed with the Court and, if made following the Skye JDS Silver Meeting, approved by the Court, Court and (iv) communicated to holders or former holders of Skye Shares, Skye Options and Skye DSUs if and as JDS Silver Shareholders in the manner required by the CourtCourt (if so required). (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Skye JDS Silver at any time prior to the Skye JDS Silver Meeting provided that HudBay Purchaser shall have consented thereto in writing, with or without any other prior notice or communication, and, if so proposed and accepted by the persons voting at the Skye JDS Silver Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes. (c) Any amendment, modification or supplement to this Plan of Arrangement that is approved or directed by the Court following the Skye JDS Silver Meeting shall be effective only if: (i) if it is consented to in writing by each of HudBay Purchaser and SkyeJDS Silver; and (ii) and, if required by the Court, it is consented to by holders of the Skye Shares, Skye Options and Skye DSUs JDS Silver Shareholders voting in the manner directed by the Court. (d) This Notwithstanding the foregoing provisions of this section 6.1, no amendment, modification or supplement to this Plan of Arrangement may be withdrawn made prior to the Effective Time except in accordance with the terms of the Arrangement Agreement.

Amendments to Plan of Arrangement. (a) HudBay Eldorado and Skye European Goldfields reserve the right to amend, modify or supplement this Plan of Arrangement at any time and from time to time, provided provided, however, that each such amendment, modification or supplement must be be: (i) set out in writing, ; (ii) agreed to in writing by HudBay Eldorado and Skye, European Goldfields; (iii) filed with the Court and, if made following the Skye European Goldfields Meeting, approved by the Court, ; and (iv) communicated to holders or former holders of Skye Shares, Skye Options and Skye DSUs European Goldfields Shares if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Skye European Goldfields at any time prior to the Skye Meeting provided European Goldfields Meeting; provided, however, that HudBay Eldorado shall have consented thereto in writing, with or without any other prior notice or communication, and, if so proposed and accepted by the persons voting at the Skye European Goldfields Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes. (c) Any amendment, modification or supplement to this Plan of Arrangement that is approved by the Court following the Skye European Goldfields Meeting shall be effective only if: (i) it is consented to in writing by each of HudBay Eldorado and SkyeEuropean Goldfields; (ii) it is filed with the Court (other than amendments contemplated in Subsection 6.1(d), which shall not require such filing) and (iiiii) if required by the Court, it is consented to by holders of the Skye Shares, Skye Options and Skye DSUs European Goldfields Shares voting in the manner directed by the Court. (d) Any amendment, modification or supplement to this Plan of Arrangement may be made following the Effective Time unilaterally by Eldorado; provided, however, that it concerns a matter that, in the reasonable opinion of Eldorado, is of an administrative nature required to better give effect to the implementation of this Plan of Arrangement and is not adverse to the economic interest of any Former European Goldfields Shareholder, former holder of European Goldfields Options, Former European Goldfields RSU Holder and Former European Goldfields DPU Holder. (e) This Plan of Arrangement may be withdrawn prior to the Effective Time in accordance with the terms of the Arrangement Agreement.

Amendments to Plan of Arrangement. (a) HudBay Westcoast and Skye Duke Energy reserve the right to amend, modify or and/or supplement this Plan of Arrangement at any time and from time to timetime prior to the Effective Date subject to amendment in the manner provided for in the Combination Agreement, provided that each such amendment, modification or and/or supplement must be (i) set out in writing, (ii) agreed to in writing approved by HudBay and SkyeDuke Energy, (iii) filed with the Court and, if made following the Skye Westcoast Meeting, approved by the Court, and (iv) communicated to holders or former holders of Skye Shares, Skye Options and Skye DSUs Westcoast Securityholders if and as required by the Court. (b) . Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Skye Westcoast and Duke Energy at any time prior to the Skye Westcoast Meeting (provided that HudBay Duke Energy shall have consented thereto in writing, thereto) with or without any other prior notice or communication, and, and if so proposed and accepted by the persons Persons voting at the Skye Westcoast Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes. (c) . Any amendment, modification or supplement to this Plan of Arrangement that is approved or directed by the Court following the Skye Westcoast Meeting shall be effective only if: if (i) it is consented to in writing by each of HudBay Westcoast and Skye; Duke Energy and (ii) if required by the Court, it is consented to by holders of the Skye Shares, Skye Options and Skye DSUs Westcoast Securityholders voting in the manner directed by the Court. (d) This . Subject to applicable law, any amendment, modification or supplement to this Plan of Arrangement may be withdrawn prior made following the Effective Date unilaterally by Duke Energy, provided that it concerns a matter which, in the reasonable opinion of Duke Energy, is of an administrative nature required to better give effect to the Effective Time in accordance with implementation of this Plan of Arrangement and is not adverse to the terms financial or economic interests of the Arrangement Agreementany Westcoast Securityholder.