NIOCORP DEVELOPMENTS LTD 10-Q

ITEM 5. OTHER INFORMATION None. ITEM 6. EXHIBITS Exhibit No. Title 3.1(1) Notice of Articles dated April 5, 2016 3.2(1) Articles, as amended, effective as of January 27, 2015 3.3(2) Amendment to Articles, effective March 17, 2023 4.1(3) 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 4.2(4) Amendment No. 1 to Securities Purchase Agreement, dated February 24, 2023, by and between NioCorp Developments Ltd. and YA II PN, Ltd. 4.3(4) Form of Convertible Debentures (included in Exhibit 4.2) 4.4(3) Form of Financing Warrants (included in Exhibit 4.1) 4.5(3) Registration Rights Agreement, dated as of January 26, 2023, by and between NioCorp Developments Ltd. and YA II PN, Ltd. 4.6(5) Warrant Agreement, dated March 17, 2021, by and between GX Acquisition Corp. II and Continental Stock Transfer & Trust Company 4.7(2) Warrant Assignment, Assumption and Amendment Agreement, dated as of March 17, 2023, by and among GX Acquisition Corp. II, NioCorp Developments Ltd., Continental Stock Transfer & Trust Company, as the existing Warrant Agent, and Computershare Inc. and its affiliate, Computershare Trust Company, N.A, together as the successor Warrant Agent 4.8(2) Form of NioCorp Assumed Warrant (included in Exhibit 4.7) 10.1(3) Standby Equity Purchase Agreement, dated as of January 26, 2023, by and between NioCorp Developments Ltd. and YA II PN, Ltd. 10.2(6) Smith Credit Facility Extension Agreement 10.3(2) Amended and Restated Registration Rights Agreement, dated as of March 17, 2023, by and among NioCorp Developments Ltd., GX Acquisition Corp. II, GX Sponsor II LLC and certain persons listed on Schedule 1 and Schedule 2 thereto 10.4(2) Registration Rights Agreement Joinder, dated as of March 17, 2023, by and among NioCorp Developments Ltd. and each of the parties listed on Schedule A thereto 10.5(2) Exchange Agreement, dated as of March 17, 2023, by and among NioCorp Developments Ltd., GX Acquisition Corp. II and GX Sponsor II LLC 10.6(7) 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. II) and each of the Holders party thereto 10.7(2) Form of Director and Officer Indemnification Agreement 10.8(7) Joinder to Sponsor Support Agreement, dated as of March 17, 2023, by and among NioCorp Developments Ltd. and each of the Holders party thereto 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 43 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(8) Inline XBRL Instance Document 101.SCH(8) Inline XBRL Taxonomy Extension- Schema 101.CAL(8) Inline XBRL Taxonomy Extension – Calculations 101.DEF(8) Inline XBRL Taxonomy Extension – Definitions 101.LAB(8) Inline XBRL Taxonomy Extension – Labels 101.PRE(8) Inline XBRL Taxonomy Extension – Presentations 104 Cover Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101) (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 March 17, 2023, and incorporated herein by reference. (3) Previously filed as an exhibit to the Company’s Current Report on Form 8-K (File No. 000-55710) filed with the SEC on January 27, 2023, and incorporated herein by reference. (4) Previously filed as an exhibit to the Company’s Current Report on Form 8-K (File No. 000-55710) filed with the SEC on February 24, 2023, and incorporated herein by reference. (5) Previously filed as an exhibit to Elk Creek Resources Corp.’s (f/k/a GX Acquisition Corp. II) Current Report on Form 8-K (File No. 001-40226) filed with the SEC on March 22, 2021 and incorporated herein by reference. (6) Previously filed as an exhibit to the Company’s Current Report on Form 8-K (File No. 000-55710) filed with the SEC on February 28, 2023, and incorporated herein by reference. (7) Previously filed as an exhibit to the Company’s Current Report on Form S-3 (File No. 333-271268) filed with the SEC on April 14, 2023, and incorporated herein by reference. (8) Submitted Electronically Herewith. Attached as Exhibit 101 to this report are the following formatted in inline XBRL (Extensible Business Reporting Language): (i) the Interim Condensed Consolidated Balance Sheets as of March 31, 2023 and June 30, 2022, (ii) the Interim Condensed Consolidated Statements of Operations and Comprehensive Loss for the Three and Nine Months ended March 31, 2023 and 2022, (iii) the Interim Condensed Consolidated Statements of Cash Flows for the Nine Months ended March 31, 2023 and 2022, (iv) the Interim Condensed Consolidated Statements of Shareholders’ Equity for the Three and Nine Months ended March 31, 2023 and 2022 and (v) the Notes to the Interim Condensed Consolidated Financial Statements. 44 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: May 30, 2023 By: /s/ Neal Shah Neal Shah Chief Financial Officer (Principal Financial and Accounting Officer) May 30, 2023 45