What changed in this filing

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Item 5. Other Information

2023-06-08 compared with 2023-06-08 · 36 added, 30 removed, 23 unchanged (74% of the section changed)

OTHER INFORMATION

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

Notice of Articles dated April 5, 2016

Articles, as amended, effective as of January 27, 2015

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

Form of Convertible Debentures (included in Exhibit 4.1)

Form of 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.

Standby Equity Purchase Agreement, dated as of January 26, 2023, by and between NioCorp Developments Ltd.

and YA II PN, Ltd.

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

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

Certification

of the Chief Executive Officer pursuant to 18 U.S.C.

Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley

Certification

of the Chief Financial Officer pursuant to 18 U.S.C.

Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley

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.

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.

Employment Agreement, dated as of September 25, 2022, by and between Elk Creek Resources Corporation and Neal Shah

Employment Agreement, dated as of September 25, 2022, by and between Elk Creek Resources Corporation and Scott Honan

Employment Agreement, dated as of September 25, 2022, by and between Elk Creek Resources Corporation and Jim Sims

Form of Restrictive Covenant Agreement

and Consent Agreement, dated September 25, 2022, between NioCorp Developments Ltd.

and Lind Global Asset Management III, LLC

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

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

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

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

XBRL Instance Document

5 unchanged sentences

Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101)

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.

compensation plan, arrangement or agreement.

exhibits to this agreement have been omitted pursuant to Item 601(a)(5) of Regulation

A copy of any omitted exhibit will be furnished to the Securities and Exchange Commission

upon request.

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.

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,

000-55710) filed with the SEC on September

29, 2022, and incorporated herein by reference.

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.

Electronically Herewith.

1 unchanged sentence

Reporting Language):

(i) the Interim Condensed Consolidated Balance Sheets as of December 31, 2022 and June 30, 2022,

(ii) the Interim Condensed Consolidated Statements of Operations and Comprehensive Loss for the Three and Six Months

ended December 31, 2022 and 2021, (iii) the Interim Condensed Consolidated Statements of Cash Flows for the Six Months

ended December 31, 2022 and 2021, (iv) the Interim Condensed Consolidated Statements of Shareholders’ Equity for

the Three and Six Months ended December 31, 2022 and 2021 and (v) the Notes to the Interim Condensed Consolidated Financial

(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.

to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf

7 unchanged sentences

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.

What changed 10-Q/A

Item 5. Other Information