Item 5. Other Information
ITEM
5. OTHER INFORMATION
None.
ITEM
6. EXHIBITS
Exhibit
No.
Title
2.1(2)**
Business Combination Agreement, dated as of September 25, 2022, by and among NioCorp Developments Ltd., GX Acquisition Corp. II and Big Red Merger Sub Ltd
3.1(1)
Notice of Articles dated April 5, 2016
3.2(1)
Articles, as amended, effective as of January 27, 2015
10.1(2)
GXII Support Agreement, dated as of September 25, 2022, by and among GX Acquisition Corp. II, NioCorp Developments Ltd., GX Sponsor II LLC, in its capacity as a shareholder of GX Acquisition Corp. II, and certain other shareholders of GX Acquisition Corp. II
10.2(2)
Company Support Agreement, dated as of September 25, 2022, by and among GX Acquisition Corp. II, NioCorp Developments Ltd. and certain shareholders of NioCorp Developments Ltd.
10.3(2)#
Employment Agreement, dated as of September 25, 2022, by and between Elk Creek Resources Corporation and Neal Shah
10.4(2)#
Employment Agreement, dated as of September 25, 2022, by and between Elk Creek Resources Corporation and Scott Honan
10.5(2)#
Employment Agreement, dated as of September 25, 2022, by and between Elk Creek Resources Corporation and Jim Sims
10.6(2)#
Form of Restrictive Covenant Agreement
10.7(3)
Waiver and Consent Agreement, dated September 25, 2022, between NioCorp Developments Ltd. and Lind Global Asset Management III, LLC
31.1
Certification of Chief Executive Officer pursuant to Exchange Act Rules 13a-14(a) and 15d-14(a), as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
31.2
Certification of Chief Financial Officer pursuant to Exchange Act Rules 13a-14(a) and 15d-14(a), as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
32.1
Certification of the Chief Executive Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
32.2
Certification of the Chief Financial Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
101.INS(4)
Inline
XBRL Instance Document
101.SCH(4)
Inline
XBRL Taxonomy Extension- Schema
101.CAL(4)
Inline
XBRL Taxonomy Extension – Calculations
101.DEF(4)
Inline
XBRL Taxonomy Extension – Definitions
101.LAB(4)
Inline
XBRL Taxonomy Extension – Labels
101.PRE(4)
Inline
XBRL Taxonomy Extension – Presentations
104
Cover
Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101)
# Management
compensation plan, arrangement or agreement.
** Certain
exhibits to this agreement have been omitted pursuant to Item 601(a)(5) of Regulation
S-K. A copy of any omitted exhibit will be furnished to the Securities and Exchange Commission
upon request.
(1)
Previously filed
as an exhibit to the Company’s Draft Registration Statement on Form S-1 (Registration No. 377-01354) submitted to the
SEC on July 26, 2016, and incorporated herein by reference.
(2)
Previously
filed as an exhibit to the Company’s Current Report on Form 8-K (File No. 000-55710)
filed with the SEC on September 29, 2022, and incorporated herein by reference.
30
(3)
Previously filed
as an exhibit to the Company’s Registration Statement on Form S-4 (Registration No. 333-268227) filed with the SEC on
November 7, 2022, and incorporated herein by reference.
(4)
Submitted Electronically
Herewith. Attached as Exhibit 101 to this report are the following formatted in inline XBRL (Extensible Business Reporting
Language): (i) the Condensed Interim Consolidated Balance Sheets as of September 30, 2022 and June 30, 2022, (ii) the
Condensed Interim Consolidated Statements of Operations and Comprehensive Loss for the Three Months ended September 30, 2022
and 2021, (iii) the Condensed Interim Consolidated Statements of Cash Flows for the Three Months ended September 30,
2022 and 2021, (iv) the Condensed Interim Consolidated Statements of Shareholders’ Equity for the Three Months
ended September 30, 2022 and 2021 and (v) the Notes to the Condensed Interim Consolidated Financial Statements.
31
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf
by the undersigned thereunto duly authorized.
NIOCORP DEVELOPMENTS LTD.
(Registrant)
By:
/s/
Mark A. Smith
Mark A. Smith
President, Chief Executive Officer and
Executive Chairman
(Principal Executive Officer)
Date: November 14, 2022
By:
/s/ Neal
Shah
Neal Shah
Chief Financial Officer
(Principal Financial and Accounting Officer)
Date: November 14, 2022
32
Text extracted from the filing as submitted to EDGAR. Formatting, tables and exhibits are simplified for reading; the original document is authoritative for anything you rely on.