What changed in this filing

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Item 5. Other Information

2023-11-13 compared with 2023-05-30 · 26 added, 67 removed, 23 unchanged (80% of the section changed)

OTHER INFORMATION

the quarter ended September 30, 2023, no director or officer (as defined in Rule 16a-1(f) promulgated under the Exchange Act)

of the Company adopted or terminated a “Rule 10b5-1 trading arrangement” or “non-Rule 10b5-1 trading arrangement”

(as each term is defined in Item 408 of Regulation S-K).

Notice of Articles dated April 5, 2016

1 unchanged sentence

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

Amendment No.

1 to Securities Purchase Agreement, dated February 24, 2023, by and between NioCorp Developments Ltd.

and YA II PN, Ltd.

Form of Convertible Debentures (included in Exhibit 4.2)

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.

Warrant Agreement, dated March 17, 2021, by and between GX Acquisition Corp.

II and Continental Stock Transfer & Trust Company

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

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.

Smith Credit Facility Extension Agreement

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

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

Exchange Agreement, dated as of March 17, 2023, by and among NioCorp Developments Ltd., GX Acquisition Corp.

II and GX Sponsor II LLC

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

Form of Director and Officer Indemnification Agreement

Joinder to Sponsor Support Agreement, dated as of March 17, 2023, by and among NioCorp Developments Ltd.

and each of the Holders party thereto

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

Form of Subscription Agreement in respect of units issued in September 2023

Form of Warrants issued in September 2023

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)

(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.

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.

1 unchanged sentence

2023, 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,

2023, 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 February

24, 2023, and incorporated herein by reference.

filed as an exhibit to Elk Creek Resources Corp.’s (f/k/a GX Acquisition Corp.

II) Current Report on Form 8-K (File

001-40226) filed with the SEC on March 22, 2021 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 February

28, 2023, and incorporated herein by reference.

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,

filed as an exhibit to the Company’s Annual Report on Form 10-K (File No.

000-55710) filed with the SEC on October 6,

2023, and incorporated herein by reference.

2 unchanged sentences

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.

(i) the Interim Condensed Consolidated Balance Sheets as of September 30, 2023 and June 30, 2023,

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

30, 2023 and 2022, (iii) the Interim Condensed Consolidated Statements of Cash Flows for the Three Months ended September

30, 2023 and 2022, (iv) the Interim Condensed Consolidated Statements of Shareholders’ (Deficit) Equity for the Three Months

ended September 30, 2023 and 2022 and (v) the Notes to the Interim Condensed 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

1 unchanged sentence

DEVELOPMENTS LTD.

Chief Executive Officer and

President, Chief Executive Officer and

Executive Chairman

Executive Officer)

Financial Officer

Financial and Accounting Officer)

(Principal Executive Officer)

November 13, 2023

Chief Financial Officer

(Principal Financial and Accounting Officer)

November 13, 2023

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

Item 5. Other Information