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• <br />ADDENDUM TO PERIvIIT TRANSFER REQ~~FST <br />This Addendum to Permit Transfer Request describes (i) the current status of the bankruptcy <br />proceedings in which affiliates of Energy Fuels Nuclear, Inc. ("ERII'~ have been involved and (ri) <br />the impending sale of the mining properties operated by EFM. As previously reported by EFNI, <br />Energy Fuels, Ltd. ("EFL"), and Energy Fuels Exploration Company ("EFEX") filed voluntary <br />petitions Cor bankruptcy in [he United States Bankruptcy Court Cor the District oC Colorado (the <br />"Bankruptcy Court's in February• of 1995. The bankruptcy f flings were part of a larger bankruptcy <br />case involving Oren L. Benton. EFM did not file a bankruptcy petition and has maintained its <br />operations during the bankruptcy process. EFL, EFEX and EFNI are collectively referred to <br />herein as the "Energy Fuels Companies". <br />In 1996, the mining assets of EFL and EFEX were offered Cor sale in the bankruptcy proceedings. <br />After an extended due diligence and bidding process, a successful bidder was selected and a <br />purchase agreement was entered into between the Energy Fuels Companies and International <br />Uranium Holdings Corporation ("IUH'. EFNI is a party to the purchase agreement since it has <br />acted as the operator of the mining properties that are being sold to IUH. The terms and conditions <br />of the purchase agreement have been approved by an Order of the Bankwptcy Court (the "Sale <br />Order"). <br />Pursuant to the terms of the purchase agreement and Sale Order, EFM is obligated to initiate the <br />transfer of the various permits and licenses it holds to International Uranium (USA) Corporation <br />("IUC"). IUC is a subsidiary of the purchaser of the assets, IUH. IUC will operate the mining <br />properties for !UH and its subsidiaries and in the course of such operations will be the <br />pernuttee/licettsee. Relevant information cortceming IUC is included in the necessary transfer <br />forms. <br />Under the terms of the purchase agreement, lUH has committed to offer employment with IUC to <br />all current employees of EFM. All the parties to the sales transaction believe that this will greatly <br />facilitate the transition of operations between EFM and [UC. <br />As you might expect, the process of "closing" the sales transaction is very complicated given the <br />requirement that all actions necessary to transfer all properties, permits and other assets from each <br />entity to IUH and IUC occur simtiltaneously. Additionally, the bankruptcy estates, Creditors' <br />committee and a variety of creditors must resolve certain claims at the same "closing". <br />As a part of the closing, permits and licenses for the exploration and mining activities of the Energy <br />Fuels Companies aze to be ttaasferred from EFN to IUC. The liming of the transfer is important <br />since IUH obviously does not want to deliver the ptuchase price until it has received necessary <br />approvals from the various regulatory agencies to operate the properties acrd the sellers do not want <br />to end up with the permits and mo property. <br />At the closing, IUH is obligated to post substitute or replacement stuety bonds for those permits <br />and licenses now held by EFNI which require financial surety. IUH and IUC are in the process of <br />finalivng a bonding line with a major North American bonding company. In the event the final <br />arangements have not been made with this company by closing, IUH will cause a major national <br />bank to issue letters of credit to support the pernvtting/reclamation obligations associated with the <br />various permits and licenses it is acquiring. <br />As the closing is now structured, we are requesting regulatory agencies to approve permit and <br />license transfers under their normal procedures, but add a condition to the approval of transfer <br />which states that the transfer shall be effective o_y upon the receipt by the agency of replacement <br />financial assurance in the form previously agreed upon by IUC and the agency. With the addition <br />