2 unchanged sentences
Articles, as amended, effective as of January 27, 2015
+Added: Amendment to Articles, effective March 17, 2023
Securities Purchase Agreement, dated as of January 26, 2023, by and between NioCorp Developments Ltd.
and each of the investors listed on the Schedule of Buyers attached thereto
+Added: Amendment No.
+Added: 1 to Securities Purchase Agreement, dated February 24, 2023, by and between NioCorp Developments Ltd.
+Added: and YA II PN, Ltd.
Form of Convertible Debentures (included in Exhibit 4.2)
−Removed: Form of Warrants (included in Exhibit 4.1)
+Added: Form of Financing Warrants (included in Exhibit 4.1)
Registration Rights Agreement, dated as of January 26, 2023, by and between NioCorp Developments Ltd.
and YA II PN, Ltd.
+Added: Warrant Agreement, dated March 17, 2021, by and between GX Acquisition Corp.
+Added: II and Continental Stock Transfer & Trust Company
+Added: Warrant Assignment, Assumption and Amendment Agreement, dated as of March 17, 2023, by and among GX Acquisition Corp.
+Added: II, NioCorp Developments Ltd., Continental Stock Transfer & Trust Company, as the existing Warrant Agent, and Computershare Inc.
+Added: and its affiliate, Computershare Trust Company, N.A, together as the successor Warrant Agent
+Added: Form of NioCorp Assumed Warrant (included in Exhibit 4.7)
Standby Equity Purchase Agreement, dated as of January 26, 2023, by and between NioCorp Developments Ltd.
and YA II PN, Ltd.
−Removed: 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
−Removed: 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
−Removed: Certification of the Chief Executive Officer pursuant to 18 U.S.C.
−Removed: Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
−Removed: Certification of the Chief Financial Officer pursuant to 18 U.S.C.
−Removed: Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
−Removed: Inline XBRL Instance
−Removed: Inline XBRL Taxonomy
−Removed: Extension- Schema
−Removed: Inline XBRL Taxonomy
−Removed: Extension – Calculations
−Removed: Inline XBRL Taxonomy
−Removed: Extension – Definitions
−Removed: Inline XBRL Taxonomy
−Removed: Extension – Labels
−Removed: Inline XBRL Taxonomy
−Removed: Extension – Presentations
−Removed: Cover Page Interactive
−Removed: Data File (formatted as Inline XBRL and contained in Exhibit 101)
−Removed: Previously filed as an exhibit to the Company’s Draft Registration Statement on Form S-1 (Registration No.
−Removed: 377-01354) submitted to the SEC on July 26, 2016, and incorporated herein by reference.
−Removed: Previously filed as an exhibit to the Company’s Current Report on Form 8-K (File No.
−Removed: 000-55710) filed with the SEC on January 27, 2023, and incorporated herein by reference.
+Added: Smith Credit Facility Extension Agreement
+Added: Amended and Restated Registration Rights Agreement, dated as of March 17, 2023, by and among NioCorp Developments Ltd., GX Acquisition Corp.
+Added: II, GX Sponsor II LLC and certain persons listed on Schedule 1 and Schedule 2 thereto
+Added: Registration Rights Agreement Joinder, dated as of March 17, 2023, by and among NioCorp Developments Ltd.
+Added: and each of the parties listed on Schedule A thereto
+Added: Exchange Agreement, dated as of March 17, 2023, by and among NioCorp Developments Ltd., GX Acquisition Corp.
+Added: II and GX Sponsor II LLC
+Added: Joinder to Exchange Agreement, dated as of March 17, 2023, by and among NioCorp Developments Ltd., Elk Creek Resources Corp (f/k/a GX Acquisition Corp.
+Added: II) and each of the Holders party thereto
+Added: Form of Director and Officer Indemnification Agreement
+Added: Joinder to Sponsor Support Agreement, dated as of March 17, 2023, by and among NioCorp Developments Ltd.
+Added: and each of the Holders party thereto
+Added: Certification
+Added: of Chief Executive Officer pursuant to Exchange Act Rules 13a-14(a) and 15d-14(a), as adopted pursuant to Section 302 of the
+Added: Sarbanes-Oxley Act of 2002
+Added: Certification
+Added: of Chief Financial Officer pursuant to Exchange Act Rules 13a-14(a) and 15d-14(a), as adopted pursuant to Section 302 of the
+Added: Sarbanes-Oxley Act of 2002
+Added: Certification
+Added: of the Chief Executive Officer pursuant to 18 U.S.C.
+Added: Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
+Added: Certification
+Added: of the Chief Financial Officer pursuant to 18 U.S.C.
+Added: Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
+Added: XBRL Instance Document
+Added: XBRL Taxonomy Extension- Schema
+Added: XBRL Taxonomy Extension – Calculations
+Added: XBRL Taxonomy Extension – Definitions
+Added: XBRL Taxonomy Extension – Labels
+Added: XBRL Taxonomy Extension – Presentations
+Added: Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101)
+Added: (1) Previously
+Added: filed as an exhibit to the Company’s Draft Registration Statement on Form S-1 (Registration No.
+Added: 377-01354) submitted to
+Added: the SEC on July 26, 2016, and incorporated herein by reference.
+Added: filed as an exhibit to the Company’s Current Report on Form 8-K (File No.
+Added: 000-55710) filed with the SEC on March 17,
+Added: 2023, and incorporated herein by reference.
+Added: filed as an exhibit to the Company’s Current Report on Form 8-K (File No.
+Added: 000-55710) filed with the SEC on January 27,
+Added: 2023, and incorporated herein by reference.
+Added: filed as an exhibit to the Company’s Current Report on Form 8-K (File No.
+Added: 000-55710) filed with the SEC on February
+Added: 24, 2023, and incorporated herein by reference.
+Added: filed as an exhibit to Elk Creek Resources Corp.’s (f/k/a GX Acquisition Corp.
+Added: II) Current Report on Form 8-K (File
+Added: 001-40226) filed with the SEC on March 22, 2021 and incorporated herein by reference.
+Added: filed as an exhibit to the Company’s Current Report on Form 8-K (File No.
+Added: 000-55710) filed with the SEC on February
+Added: 28, 2023, and incorporated herein by reference.
+Added: filed as an exhibit to the Company’s Current Report on Form S-3 (File No.
+Added: 333-271268) filed with the SEC on April 14,
+Added: 2023, and incorporated herein by reference.
Electronically Herewith.
1 unchanged sentence
Reporting Language):
−Removed: (i) the Interim Condensed Consolidated Balance Sheets as of December 31, 2022 and June 30, 2022,
−Removed: (ii) the Interim Condensed Consolidated Statements of Operations and Comprehensive Loss for the Three and Six Months
−Removed: ended December 31, 2022 and 2021, (iii) the Interim Condensed Consolidated Statements of Cash Flows for the Six Months
−Removed: ended December 31, 2022 and 2021, (iv) the Interim Condensed Consolidated Statements of Shareholders’ Equity for
−Removed: the Three and Six Months ended December 31, 2022 and 2021 and (v) the Notes to the Interim Condensed Consolidated Financial
−Removed: Pursuant to the requirements of the Securities
−Removed: Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
−Removed: NIOCORP DEVELOPMENTS LTD.
−Removed: President, Chief Executive Officer and
+Added: (i) the Interim Condensed Consolidated Balance Sheets as of March 31, 2023 and June 30, 2022, (ii) the
+Added: Interim Condensed Consolidated Statements of Operations and Comprehensive Loss for the Three and Nine Months ended March 31,
+Added: 2023 and 2022, (iii) the Interim Condensed Consolidated Statements of Cash Flows for the Nine Months ended March 31,
+Added: 2023 and 2022, (iv) the Interim Condensed Consolidated Statements of Shareholders’ Equity for the Three and Nine
+Added: Months ended March 31, 2023 and 2022 and (v) the Notes to the Interim Condensed Consolidated Financial Statements.
+Added: to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf
+Added: by the undersigned thereunto duly authorized.
+Added: DEVELOPMENTS LTD.
+Added: Chief Executive Officer and
Executive Chairman
−Removed: (Principal Executive Officer)
−Removed: February 13, 2023
−Removed: /s/ Neal Shah
−Removed: Chief Financial Officer
−Removed: (Principal Financial and Accounting Officer)
−Removed: February 13, 2023
+Added: Executive Officer)
+Added: Financial Officer
+Added: Financial and Accounting Officer)
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.