Item 5. Other Information
ITEM
5. OTHER INFORMATION
None.
42
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
4.1(2)
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(2)
Form of Convertible Debentures (included in Exhibit 4.1)
4.3(2)
Form of Warrants (included in Exhibit 4.1)
4.4(2)
Registration Rights Agreement, dated as of January 26, 2023, by and between NioCorp Developments Ltd. and YA II PN, Ltd.
10.1(2)
Standby Equity Purchase Agreement, dated as of January 26, 2023, by and between NioCorp Developments Ltd. and YA II PN, Ltd.
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(3)
Inline
XBRL Instance Document
101.SCH(3)
Inline
XBRL Taxonomy Extension- Schema
101.CAL(3)
Inline
XBRL Taxonomy Extension – Calculations
101.DEF(3)
Inline
XBRL Taxonomy Extension – Definitions
101.LAB(3)
Inline
XBRL Taxonomy Extension – Labels
101.PRE(3)
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 January 27,
2023, and incorporated herein by reference.
(3)
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 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
Statements.
43
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: June 7, 2023
By:
/s/ Neal
Shah
Neal Shah
Chief Financial Officer
(Principal Financial and Accounting Officer)
Date: June 7, 2023
44
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.