SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • April 12th, 2024 • Niocorp Developments LTD • Metal mining • New York
THIS SECURITIES PURCHASE AGREEMENT (as amended, supplemented or otherwise modified from time to time, this “Agreement”), dated as of April 11, 2024, is between NIOCORP DEVELOPMENTS LTD., a company organized under the laws of the Province of British Columbia, Canada, with principal executive offices located at 7000 South Yosemite Street, Suite 115, Centennial, Colorado 80112 (the “Company”), and each of the investors listed on the Schedule of Buyers attached as Schedule I hereto (individually, a “Buyer” and collectively the “Buyers”).
GLOBAL GUARANTY AGREEMENTGlobal Guaranty Agreement • April 12th, 2024 • Niocorp Developments LTD • Metal mining • New York
This Guaranty is made as of April 11, 2024 by ELK CREEK RESOURCES CORPORATION, a Delaware corporation (“ECRC”), and 0896800 B.C. LTD., a company organized under the laws of the Province of British Columbia, Canada (“0896800” and together with ECRC, the “Guarantors”), in favor of YA II PN, LTD. (“YA II”) and LIND GLOBAL FUND II LP (“Lind” and collectively with YA II, the “Purchasers”), with respect to all obligations of NIOCORP DEVELOPMENTS LTD., a company organized under the laws of the Province of British Columbia, Canada (the “Issuer”), owed to the Purchasers.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • April 12th, 2024 • Niocorp Developments LTD • Metal mining • New York
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of April 11, 2024, is made and entered into by and among NIOCORP DEVELOPMENTS LTD., a company incorporated under the laws of the Province of British Columbia, Canada (the “Company”), YA II PN, LTD., a Cayman Islands exempt limited partnership (“Yorkville”) and LIND GLOBAL FUND II LP, a Delaware limited partnership (together with Yorkville, the “Investors” and, collectively with any person or entity who hereafter becomes a party to this Agreement pursuant to Section 5.2 or Section 5.12 of this Agreement, for so long as such person or entity holds any Registrable Securities, the “Holders” and each, a “Holder”).
