AND THINGS, ALL AS SUCH
OTHER PARTIES MAY REASONABLY REQUEST FOR THE PURPOSE OF CARRYING OUT THE INTENT
AND ACCOMPLISH THE PURPOSES OF THIS AGREEMENT, INCLUDING VOTING OR CAUSING TO BE
VOTED ITS SHARES TO ACCOMPLISH AND GIVE EFFECT TO THE TERMS AND CONDITIONS OF
THIS AGREEMENT.
(C)
EACH OF THE SHAREHOLDERS, TO THE FULLEST EXTENT PERMITTED BY
BOLIVIAN LAW, WAIVES ANY RIGHTS THAT IT MAY HAVE UNDER BOLIVIAN LAW THAT IS
INCONSISTENT WITH ANY PROVISION OF THIS AGREEMENT AND, TO THE EXTENT SUCH RIGHTS
CANNOT VALIDLY BE WAIVED, EACH SUCH SHAREHOLDER SHALL EXERCISE SUCH RIGHTS ONLY
TO THE EXTENT CONSISTENT WITH THIS AGREEMENT.
SECTION 7.2
NOTICE TO MSC.
MSC HEREBY ACKNOWLEDGES THAT IT HAS
ACTUAL NOTICE OF THE TERMS OF THIS AGREEMENT, CONSENTS HERETO AND HEREBY
COVENANTS THAT IT WILL AT ALL TIMES DURING THE TERM OF THIS AGREEMENT BE
GOVERNED BY THE TERMS AND PROVISIONS HEREOF IN CARRYING OUT ITS BUSINESS AND
AFFAIRS AND, ACCORDINGLY, SHALL GIVE OR CAUSE TO BE GIVEN SUCH NOTICES, EXECUTE
OR CAUSE TO BE EXECUTED SUCH DOCUMENTS AND DO OR CAUSE TO BE DONE ALL SUCH ACTS,
MATTERS AND THINGS AS MAY FROM TIME TO TIME BE NECESSARY OR REQUIRED TO CARRY
OUT THE TERMS AND INTENT HEREOF, SUBJECT TO THE REQUIREMENTS OF APPLICABLE LAW.
SECTION 7.3
BUSINESS OF MSC.
THE BUSINESS OF MSC IS LIMITED TO
FINANCING, OWNING AND OPERATING THE PROJECT, MARKETING AND SELLING MINERAL
CONCENTRATES, AND ENGAGING IN THE ACTIVITIES SET FORTH IN THIS AGREEMENT, THE
MATERIAL PROJECT DOCUMENTS, OR THE FINANCING DOCUMENTS AND IN ANY OTHER ACT OR
ACTIVITY IN FURTHERANCE OF OR RELATED TO SUCH OBJECT AND PURPOSE THAT IS NOT
PROHIBITED BY LAW.
SECTION 7.4
OFFICES.
THE REGISTERED OFFICE OF MSC SHALL BE MINERA
SAN CRISTΌBAL, S.A., CALLE CAMPOS 265, LA PAZ, BOLIVIA, OR SUCH PLACE OR PLACES
AS THE BOARD MAY FROM TIME TO TIME DETERMINE.
THE REGISTERED AND PRINCIPAL
OFFICES OF EACH OF MSC'S SUBSIDIARIES SHALL BE AT SUCH PLACE OR PLACES AS THEIR
RESPECTIVE BOARDS MAY FROM TIME TO TIME DETERMINE.
WRITTEN NOTICE OF ANY CHANGE
IN SUCH OFFICES SHALL BE GIVEN TO EACH SHAREHOLDER BY THE APPLICABLE BOARD.
SECTION 7.5
ACCESS TO INFORMATION.
(A)
MSC SHALL PROMPTLY FURNISH THE FOLLOWING TO EACH SHAREHOLDER
GROUP:
(I)
AS SOON AS AVAILABLE AND IN ANY EVENT
WITHIN 60 DAYS AFTER THE END OF EACH OF THE FIRST THREE QUARTERLY FISCAL PERIODS
OF EACH FISCAL YEAR OF MSC, AN UNAUDITED CONSOLIDATED BALANCE SHEET OF MSC AND
ITS SUBSIDIARIES AS OF THE END OF SUCH QUARTER AND THE RELATED UNAUDITED
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CONSOLIDATED STATEMENT OF MSC'S INCOME AND OF CASH FLOWS FOR SUCH QUARTER AND
FOR THE PORTION OF MSC'S FISCAL YEAR ENDED AT THE END OF SUCH QUARTER, SETTING
FORTH IN EACH CASE IN COMPARATIVE FORM THE FIGURES FOR THE CORRESPONDING QUARTER
AND THE CORRESPONDING PORTION OF MSC'S PREVIOUS FISCAL YEAR; AND
(II)
AS SOON AS AVAILABLE AND IN ANY EVENT
WITHIN 90 DAYS AFTER THE END OF EACH FISCAL YEAR OF MSC, AN AUDITED CONSOLIDATED
BALANCE