X0206 3 2012-09-21 0 0001404636 NiMin Energy Corp. NEYYF 0001524362 Indaba Capital Management, LLC ONE LETTERMAN DRIVE BUILDING D. SUITE DM700 SAN FRANCISCO CA 94129 0 0 1 0 0001526324 Indaba Partners, LLC ONE LETTERMAN DRIVE BUILDING D, SUITE DM700 SAN FRANCISCO CA 94129 0 0 1 0 0001250078 SCHRIER DEREK C ONE LETTERMAN DRIVE BUILDING D, SUITE DM700 SAN FRANCISCO CA 94129 0 0 1 0 0001516452 Indaba Capital Fund, L.P. C/O MAPLES CORPORATE SERVICES LIMITED PO BOX 309, UGLAND HOUSE GRAND CAYMAN E9 KY1-1104 CAYMAN ISLANDS 0 0 1 0 Common Stock 9557757 D Common Stock 9557757 I See Footnote Cash-Settled Equity Swap 0.9513 2012-06-14 2013-07-15 Common Stock 24500 D Cash-Settled Equity Swap 0.9513 2012-06-14 2013-07-15 Common Stock 24500 I See Footnote Cash-Settled Equity Swap 0.9524 2012-06-18 2013-07-15 Common Stock 30000 D Cash-Settled Equity Swap 0.9524 2012-06-18 2013-07-15 Common Stock 30000 I See Footnote Cash-Settled Equity Swap 0.9676 2012-06-19 2013-07-15 Common Stock 46000 D Cash-Settled Equity Swap 0.9676 2012-06-19 2013-07-15 Common Stock 46000 I See Footnote Cash-Settled Equity Swap 0.9576 2012-06-21 2013-07-15 Common Stock 568500 D Cash-Settled Equity Swap 0.9576 2012-06-21 2013-07-15 Common Stock 568500 I See Footnote Cash-Settled Equity Swap 0.9571 2012-06-25 2013-07-15 Common Stock 15000 D Cash-Settled Equity Swap 0.9571 2012-06-25 2013-07-15 Common Stock 15000 I See Footnote Cash-Settled Equity Swap 0.9623 2012-06-26 2013-07-15 Common Stock 112500 D Cash-Settled Equity Swap 0.9623 2012-06-26 2013-07-15 Common Stock 112500 I See Footnote Cash-Settled Equity Swap 0.9702 2012-06-27 2013-07-15 Common Stock 71000 D Cash-Settled Equity Swap 0.9702 2012-06-27 2013-07-15 Common Stock 71000 I See Footnote Cash-Settled Equity Swap 0.9729 2012-06-28 2013-07-15 Common Stock 261500 D Cash-Settled Equity Swap 0.9729 2012-06-28 2013-07-15 Common Stock 261500 I See Footnote Cash-Settled Equity Swap 0.9882 2012-06-29 2013-07-15 Common Stock 63500 D Cash-Settled Equity Swap 0.9882 2012-06-29 2013-07-15 Common Stock 63500 I See Footnote Cash-Settled Equity Swap 1.0008 2012-07-03 2013-07-15 Common Stock 388600 D Cash-Settled Equity Swap 1.0008 2012-07-03 2013-07-15 Common Stock 388600 I See Footnote Cash-Settled Equity Swap 0.9812 2012-07-05 2013-07-15 Common Stock 322900 D Cash-Settled Equity Swap 0.9812 2012-07-05 2013-07-15 Common Stock 322900 I See Footnote Cash-Settled Equity Swap 0.9934 2012-07-06 2013-07-15 Common Stock 96000 D Cash-Settled Equity Swap 0.9934 2012-07-06 2013-07-15 Common Stock 96000 I See Footnote These securities are directly owned by Indaba Capital Fund, L.P. These securities are indirectly beneficially owned by (a) Indaba Capital Management, LLC by virtue of its role as the investment manager of Indaba Capital Fund, L.P., (b) Indaba Partners, LLC by virtue of its role as the general partner of Indaba Capital Fund, L.P., and (c) Derek C. Schrier as the Senior Managing Member of Indaba Capital Management, LLC and Indaba Partners, LLC. Each Reporting Person hereby disclaims beneficial ownership of the reported securities except to the extent of their pecuniary interest therein, and this report shall not be deemed an admission that any Reporting Person is the beneficial owner of the reported securities for purposes of Section 16 of the Securities Exchange Act of 1934, as amended, or for any other purpose. Under the terms of the cash-settled total equity return swap transaction, (a) Indaba Capital Fund, L.P. will be obligated to pay to the counterparty an amount equal to the decrease in the market value of the reference shares, or (b) the counterparty will be obligated to pay Indaba Capital Fund, L.P. an amount equal to the increase in the market value of the reference shares. Any dividends received by the counterparty will be paid to Indaba Capital Fund, L.P. with interest. Indaba Capital Fund, L.P. will be obligated to pay the counterparty interest on the notional amount of the securities. These contracts do not give the Reporting Persons direct or indirect voting, investment or dispositive control over any securities of the Issuer and do not require the counterparties thereto to acquire, hold, vote or dispose of any securities of the Issuer. Accordingly, the Reporting Persons disclaim any beneficial ownership in securities that may be referenced in such contracts or that may be held from time to time by any counterparties to the contracts. The reference price associated with the applicable cash-settled total return equity swap. /s/ Hank Brier, as General Counsel of Indaba Capital Management, LLC 2012-10-01 /s/ Hank Brier, as General Counsel of Indaba Partners, LLC 2012-10-01 /s/ Hank Brier, as General Counsel of Indaba Partners, LLC, the general partner of Indaba Capital Fund, L.P. 2012-10-01 /s/ Derek C. Schrier 2012-10-01