Global Mining Bulletin

August 2008 Martineau DuMoulin LLP

Update on Selected Mining Topics

Members of Fasken Martineau’s Global Ten Considerations in Public Mining Group have been actively speaking High Yield Debt Financing and writing on a variety of topics currently This powerpoint presentation reviews the affecting the mining industry. basics of a successful high-yield debt This bulletin covers the following topics: offering for a mining company. Among the topics covered are: corporate 1. Uranium Mine Approval Process in organization, AIF and NI 43-101 issues, Canada the major deal documents, deal structure 2. Ten Considerations in Public High Yield and pricing, listing and trading in debt Debt Financing securities, a suggested timeline, and the 3. Copper Hedging, and pros and cons of public high yield debt 4. Negotiations with Aboriginal compared to conventional bank loans. Communities http://www.fasken.com/publications/detai Uranium Mine Approval Process l.aspx?publication=4506 in Canada The presentation is from an address by The steps involved in bringing a uranium Chuck Higgins to the Prospectors and mine to production in Canada are numerous Developers Association of Canada and the timeframe to complete the Annual Convention in in March, regulatory approval process has increased 2008. Toronto dramatically. This article, and the related powerpoint, provides a thorough review of Ottawa the relevant issues from both the provincial Copper Hedging and federal standpoint, including the topics This article provides a brief overview on Montréal of prospecting licenses, mining leases, the role of hedging in the mining industry, environmental assessment, and site Québec City with commentary on the various types of preparation, as well as foreign ownership arrangements, possible risks, as well as and aboriginal issues. London accounting issues associated with hedge contracts. A detailed article on this topic by Greg Ho Johannesburg Yuen, as well as a powerpoint presentation, The use of hedging in the copper market can be viewed at the link below. is featured in this article, along with a list of other successful hedging agreements http://www.fasken.com/publications/detail.a www.fasken.com used recently in the mining industry. spx?publication=4507 Fasken Martineau DuMoulin LLP Global Mining Group Bulletin 2

http://www.fasken.com/cim_copper_hedging/ Aboriginal Communities, hosted by “L’Institut Canadien.” This article was co authored by Chuck Higgins of and James Verraster of Auramet Trading LLC and About Our Global Mining Group originally appeared in the May/June issue of

Canadian Institute of Mining, Metallurgy and Fasken Martineau has been ranked as the number Petroleum Magazine. one firm worldwide for mining legal expertise by the International Who’s Who of Mining Lawyers for Negotiations with Aboriginal four consecutive years. We have over 150 years of Communities experience in the mining industry, domestically and internationally. The lawyers in our Global Mining This presentation by Jean M. Gagné titled Practice are particularly experienced in addressing “Optimizing the Progress and Success of your the international dimensions that characterize many Negotiations by Investing in the Pre-Negotiation mining industry transactions today, and we are the

Stage” summarizes the main steps to be taken prior only law firm globally with offices in each of the to initiating formal discussions with aboriginal key mining finance centres of Toronto, Vancouver,

communities. These steps include: London, and Johannesburg. We have significant experience in all legal aspects of the mining industry • Proceeding with relevant research and due and offer expertise with respect to financing, diligence; regulatory, and commercial aspects at every stage of • Establishing trust and early involvement with all the mining process from exploration through to involved parties; reclamation.

• Delimiting the scope of discussions; For more information on the subject of this bulletin, • Identifying and understanding the roles of please contact the authors: parties and interveners involved; and Jean M. Gagné Identifying the main orientations governing the pre- 418 640 2010 negotiation process. [email protected] Chuck Higgins The English translation of the original powerpoint 416 865 4392 presentation can be accessed at: [email protected] http://www.fasken.com/aboriginal_negotiation/ Gregory Ho Yuen 416 865 4534 This presentation was delivered on April 3, 2008 in [email protected] Montréal at the Conference on Negotiations with

This publication is intended to provide information to clients on recent developments in provincial, national and international law. Articles in this bulletin are not legal opinions and readers should not act on the basis of these articles without first consulting a lawyer who will provide analysis and advice on a specific matter. Fasken Martineau DuMoulin LLP is a limited liability partnership and includes law corporations. © 2008 Fasken Martineau DuMoulin LLP

Vancouver Calgary Toronto Ottawa Montréal Québec City 604 631 3131 403 261 5350 416 366 8381 613 236 3882 514 397 7400 418 640 2000 [email protected] [email protected] [email protected] [email protected] @fasken.com [email protected] London Johannesburg 44 (0)20 7917 8500 27 11 685 0800 [email protected] [email protected]