NEWMONT MINING CORPORATION as Issuer NEWMONT USA LIMITED as GuarantorUnderwriting Agreement • May 12th, 2005 • Newmont Mining Corp /De/ • Gold and silver ores • New York
AndRights Agreement • February 15th, 2002 • Delta Holdco Corp • Gold and silver ores • New York
NEWMONT MINING CORPORATION Equity Securities Underwriting AgreementUnderwriting Agreement • January 23rd, 2004 • Newmont Mining Corp /De/ • Gold and silver ores • New York
ESCROW AGREEMENT Exhibit 10(aa) THIS AGREEMENT made as of this 14/th/ day of November, 2001. AMONG: Pierre Lassonde, an individual of the City of Toronto, in the Province of Ontario ("Lassonde") - and - Lassonde Family Trust and FIRELIGHT INVESTMENTS...Escrow Agreement • March 27th, 2002 • Newmont Mining Corp /De/ • Gold and silver ores • Ontario
NEWMONT MINING CORPORATION 29,000,000 Shares of Common Stock, par value $1.60 per share Underwriting AgreementNewmont Mining Corp /De/ • June 15th, 2015 • Gold and silver ores • New York
Newmont Mining Corporation, a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of 29,000,000 shares (the “Underwritten Shares” or the “Shares”). The shares of common stock of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock”.
JOINT FILING AGREEMENTJoint Filing Agreement • February 10th, 2003 • Newmont Mining Corp /De/ • Gold and silver ores
Pursuant to paragraph (iii) of Rule 13d-1(k)(1) promulgated by the Securities and Exchange Commission (the "Commission") under the Securities Exchange Act of 1934, as amended, each of the undersigned hereby agrees that the statement on Schedule 13D to which this Agreement shall be attached as an exhibit, including all amendments thereto, shall be filed with the Commission on behalf of each of the undersigned.
WITNESSETH:Agreement and Plan of Merger • March 1st, 2002 • Newmont Mining Corp /De/ • Gold and silver ores • Delaware
INDENTURE Dated as of April 22, 2019 among NEWMONT GOLDCORP CORPORATION, NEWMONT USA LIMITED, as Subsidiary Guarantor and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee 3.625% NOTES DUE 2021 3.700% NOTES DUE 2023 5.450% NOTES DUE 2044Indenture • April 23rd, 2019 • Newmont Goldcorp Corp /De/ • Gold and silver ores • New York
Newmont Goldcorp Corporation, a Delaware corporation (the “Company”), for value received, hereby promises to pay to CEDE & CO., or its registered assigns, the principal sum of [ ] Dollars[, as revised by the Schedule of Exchanges of Interests in the Global Note attached hereto,] on June 9, 2044.
EXHIBIT 1.1 NEWMONT MINING CORPORATION Equity Securities Underwriting Agreement ----------------------Terms Agreement • May 12th, 2005 • Newmont Mining Corp /De/ • Gold and silver ores • New York
REGISTRATION RIGHTS AGREEMENT by and among Newmont Corporation and the Initial Purchasers Dated as of March 7, 2024Registration Rights Agreement • March 8th, 2024 • NEWMONT Corp /DE/ • Gold and silver ores • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into this 7th day of March, 2024, by and among Newmont Corporation, a Delaware corporation (the “Company”), and BMO Capital Markets Corp., Goldman Sachs & Co. LLC, Morgan Stanley & Co. LLC, Citigroup Global Markets Inc. and J.P. Morgan Securities LLC as the representatives (the “Representatives” of the Initial Purchasers (as defined below)) under the purchase agreement dated as of March 4, 2024 (the “Purchase Agreement”) among the Company, Newcrest Finance Pty Limited, a company incorporated under the laws of the Commonwealth of Australia and a wholly owned subsidiary of the Company (“Newcrest Finance” and together with the Company, the “Issuers” and each, an “Issuer”), Newmont USA Limited, a Delaware corporation (the “Subsidiary Guarantor”) and the Representatives, as representative of the several initial purchasers listed therein (collectively, the “Initial Purchasers”).
ContractCredit Agreement • April 27th, 2023 • NEWMONT Corp /DE/ • Gold and silver ores • New York
SECOND AMENDMENT AGREEMENT dated as of April 14, 2023 (this “Second Amendment”), to the Credit Agreement, dated as of April 4, 2019 (as amended by the First Amendment, dated as of March 30, 2021 and as further amended, supplemented, restated or otherwise modified prior to the date hereof, the “Existing Credit Agreement”; and as amended hereby, the “Credit Agreement”), among NEWMONT CORPORATION, a Delaware corporation (the “Borrower”), the lenders and issuing banks from time to time party thereto (collectively, the “Lenders”), and CITIBANK, N.A., as administrative agent (in such capacity, the “Administrative Agent”).
July 11, 2007Newmont Mining Corp /De/ • August 2nd, 2007 • Gold and silver ores • New York
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the Warrants issued by Newmont Mining Corporation (“Company”) to JPMorgan Chase Bank, National Association, London Branch (“JPMorgan”) on the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements relating to this Transaction and serve as the final documentation for this Transaction.
NEWMONT MINING CORPORATION, NEWMONT USA LIMITED (AS THE SUBSIDIARY GUARANTOR), AND THE BANK OF NEW YORK TRUST COMPANY, N.A. AS TRUSTEE 1.250% Convertible Senior Notes due 2014 INDENTURE Dated as of July 17, 2007Newmont Mining Corp /De/ • August 2nd, 2007 • Gold and silver ores • New York
INDENTURE, dated as of July 17, 2007, among NEWMONT MINING CORPORATION, a Delaware corporation (the “Company”), NEWMONT USA LIMITED, a Delaware corporation, as Subsidiary Guarantor (the “Subsidiary Guarantor”), and THE BANK OF NEW YORK TRUST COMPANY, N.A., as Trustee (the “Trustee”).
NEWMONT MINING CORPORATION AND NEWMONT USA LIMITED (As the Subsidiary Guarantor) TO THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. Trustee Indenture Dated as of September 18, 2009Indenture • September 18th, 2009 • Newmont Mining Corp /De/ • Gold and silver ores • New York
AMENDED AND RESTATED CREDIT AGREEMENT dated as of February 15, 2024 among NEWMONT CORPORATION, The Lenders From Time To Time Party Hereto, and CITIBANK, N.A., as Administrative Agent BANK OF MONTREAL, JPMORGAN CHASE BANK, N.A., THE BANK OF NOVA...Credit Agreement • February 22nd, 2024 • NEWMONT Corp /DE/ • Gold and silver ores • New York
AMENDED AND RESTATED CREDIT AGREEMENT, dated as of February 15, 2024 (this “Agreement”), among NEWMONT CORPORATION, a Delaware corporation (the “Borrower”), the Lenders from time to time party hereto and CITIBANK, N.A., as Administrative Agent.
RESTRICTED STOCK UNIT AGREEMENT2013 Stock Incentive Plan • July 25th, 2017 • Newmont Mining Corp /De/ • Gold and silver ores • Delaware
This Agreement ("Agreement"), dated February 27, 2017, is made between Newmont Mining Corporation ("Newmont") and “Executive,” as specified in his or her Grant Summary and Grant Acknowledgment (collectively, the “Grant Acknowledgment”). The Grant Acknowledgment is set forth on the Computershare - Employee Online webpage.
NEWMONT CORPORATION as Issuer NEWMONT USA LIMITED as Guarantor 2.600% Sustainability-Linked Senior Notes due 2032 Underwriting AgreementNEWMONT Corp /DE/ • December 7th, 2021 • Gold and silver ores • New York
Coupon (Interest Rate): 2.600% per annum (the “Initial Interest Rate”) from December 20, 2021, subject to increase as described in “Interest Rate Step-up” below
NEWMONT CORPORATION as Issuer NEWMONT USA LIMITED as Guarantor 2.250% Senior Notes due 2030 Underwriting AgreementNEWMONT Corp /DE/ • March 6th, 2020 • Gold and silver ores • New York
Redemption Provision: Make-Whole Call: US Treasury +25 basis points (at any time prior to July 1, 2030 (the “Par Call Date”)) Par Call: At any time on or after the Par Call Date
NEWMONT MINING CORPORATION AND NEWMONT USA LIMITED (As the Subsidiary Guarantor) TO THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. Trustee Indenture Dated as of September ___, 2009Newmont Mining Corp /De/ • September 15th, 2009 • Gold and silver ores • New York
FIRST AMENDMENT AGREEMENT dated as of March 30, 2021 (this “First Amendment”), to the Credit Agreement, dated as of April 4, 2019 (as further amended, supplemented, restated or otherwise modified prior to the date hereof, the “Existing Credit...Credit Agreement • March 31st, 2021 • NEWMONT Corp /DE/ • Gold and silver ores • New York
CREDIT AGREEMENT, dated as of April 4, 2019 (this “Agreement”), among NEWMONT MINING CORPORATION, a Delaware corporation (the “Borrower”), the Lenders party hereto and CITIBANK, N.A., as Administrative Agent.
July 13, 2007Newmont Mining Corp /De/ • August 2nd, 2007 • Gold and silver ores • New York
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between JPMorgan Chase Bank, National Association, London Branch (“JPMorgan”) and Newmont Mining Corporation (“Counterparty”) on the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for this Transaction.
Citibank, N.A. New York, NY 10013 Equity Derivatives Telephone: (212) 723-7357 Facsimile: (212) 723-8328Newmont Mining Corp /De/ • August 2nd, 2007 • Gold and silver ores • New York
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between Citibank, N.A. (“Citibank”) and Newmont Mining Corporation (“Counterparty”) on the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for this Transaction.
NEWMONT MINING CORPORATION, NEWMONT USA LIMITED (AS THE SUBSIDIARY GUARANTOR), AND THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. AS TRUSTEE 3.00% Convertible Senior Notes due 2012 INDENTURE Dated as of February 3, 2009Newmont Mining Corp /De/ • February 3rd, 2009 • Gold and silver ores • New York
INDENTURE, dated as of February 3, 2009, among NEWMONT MINING CORPORATION, a Delaware corporation (the “Company”), NEWMONT USA LIMITED, a Delaware corporation, as Subsidiary Guarantor (the “Subsidiary Guarantor”), and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee (the “Trustee”).
NEWMONT CORPORATION 2020 STOCK INCENTIVE COMPENSATION PLAN RESTRICTED STOCK UNIT AGREEMENTCompensation Plan Restricted Stock Unit Agreement • April 27th, 2023 • NEWMONT Corp /DE/ • Gold and silver ores • Colorado
This Agreement, including any country-specific terms and conditions set forth in any appendix hereto (the “Agreement”), dated February 27, 2023, is made between Newmont Corporation (“Newmont”) and “Employee,” as specified in his or her Grant Summary and Grant Acknowledgment (collectively, the “Grant Acknowledgment”). The Grant Acknowledgment is set forth on the Fidelity online employee portal.
NEWMONT MINING CORPORATION RESTRICTED STOCK UNIT AGREEMENT2005 Stock Incentive Plan • April 26th, 2012 • Newmont Mining Corp /De/ • Gold and silver ores • Delaware
This Agreement (“Agreement”), dated March 2, 2012, is made between Newmont Mining Corporation (“Newmont”) and “Executive,” as specified in his or her Grant Summary and Grant Acknowledgment (collectively, the “Grant Acknowledgment”). The Grant Acknowledgment is set forth on the BNY Mellon Shareowner Services—Employee ServiceDirect webpage.
2 - If Employee is entitled to separation benefits as contemplated in clauses (i) or (ii) above in this Section 3.B, and is also retirement eligible as defined in Section 3.C below, the RSUs shall vest in accordance with this Section 3.B and not 3.C...Restricted Stock Unit Agreement • February 29th, 2024 • NEWMONT Corp /DE/ • Gold and silver ores • Colorado
NEWMONT MINING CORPORATION RESTRICTED STOCK UNIT AGREEMENTNewmont Mining Corporation • April 25th, 2014 • Newmont Mining Corp /De/ • Gold and silver ores • Delaware
This Agreement (“Agreement”), dated February 26, 2014, is made between Newmont Mining Corporation (“Newmont”) and “Executive,” as specified in his or her Grant Summary and Grant Acknowledgment (collectively, the “Grant Acknowledgment”). The Grant Acknowledgment is set forth on the Computershare—Employee Online webpage.
Newmont Mining Corporation as Issuer Newmont USA Limited as Guarantor $500,000,000 1.250% Convertible Notes due 2014 $500,000,000 1.625% Convertible Notes due 2017 Purchase Agreement July 11, 2007Newmont Mining Corp /De/ • August 2nd, 2007 • Gold and silver ores • New York
Newmont Mining Corporation, a Delaware corporation (the “Company”), proposes to issue and sell to the several initial purchasers listed in Schedule 1 hereto (the “Initial Purchasers”), for whom you are acting as representatives (the “Representatives”), $500 million principal amount of its 1.250% Convertible Notes due 2014 (the “2014 Notes”) and $500 million principal amount of its 1.625% Convertible Notes due 2017 (the “2017 Notes” and together with the 2014 Notes, the “Firm Notes”). Payment of principal of, and interest, if any, on, the 2014 Notes will be guaranteed by Newmont USA Limited, a Delaware corporation, as Guarantor (the “Guarantor”), pursuant to the terms and conditions of the guaranty issued under the 2014 Notes Indenture (as defined below) (the “2014 Guaranty”). Payment of principal of, and interest, if any, on, the 2017 Notes will be guaranteed by the Guarantor pursuant to the terms and conditions of the guaranty issued under the 2017 Notes Indenture (as defined below) (
STOCK PURCHASE AGREEMENT among ANGLOGOLD ASHANTI NORTH AMERICA INC., ANGLOGOLD ASHANTI USA INCORPORATED, ANGLOGOLD ASHANTI (COLORADO) CORP., GCGC LLC, and NEWMONT MINING CORPORATION and, solely as contemplated by Section 10.12, ANGLOGOLD ASHANTI...Stock Purchase Agreement • June 10th, 2015 • Newmont Mining Corp /De/ • Gold and silver ores • New York
STOCK PURCHASE AGREEMENT (this “Agreement”) dated as of June 8, 2015, among AngloGold Ashanti North America Inc., a Colorado corporation (“Seller”), AngloGold Ashanti USA Incorporated, a Delaware corporation (“AGA-USA”), AngloGold Ashanti (Colorado) Corp., a Delaware corporation (the “Company”), GCGC LLC, a Colorado limited liability company (“GCGC”), and Newmont Mining Corporation, a Delaware corporation (“Purchaser”), and, solely as contemplated by Section 10.12, AngloGold Ashanti Limited, a South African public company (“AGA”).
ANDNewmont • April 23rd, 2003 • Newmont Mining Corp /De/ • Gold and silver ores • New York
BARRICK GOLD CORPORATION — and — NEWMONT MINING CORPORATION IMPLEMENTATION AGREEMENTOperating Agreement • March 12th, 2019 • Newmont Mining Corp /De/ • Gold and silver ores • Ontario
AND WHEREAS Barrick Member and Newmont Member desire to establish certain rights and obligations between themselves as Members (as defined below) in accordance with the terms hereof;
Re: Support and Voting AgreementNewmont Mining Corp /De/ • January 14th, 2019 • Gold and silver ores • Ontario
ARRANGEMENT AGREEMENTArrangement Agreement • January 14th, 2019 • Newmont Mining Corp /De/ • Gold and silver ores • Ontario
Newmont Mining Corporation % Convertible Senior Notes due 2014 % Convertible Senior Notes due 2017 Guaranteed by Newmont USA Limited REGISTRATION RIGHTS AGREEMENT July 17, 2007Registration Rights Agreement • August 2nd, 2007 • Newmont Mining Corp /De/ • Gold and silver ores • New York
This Registration Rights Agreement (the “Agreement”) is made and entered into as of July 17, 2007, by and among Newmont Mining Corporation, a Delaware corporation (the “Company”), the Guarantor (as defined below) and J.P. Morgan Securities Inc. and Citigroup Global Markets Inc., as the representatives (the “Representatives”) under the purchase agreement dated as of July 11, 2007 (the “Purchase Agreement”) among the Company, the Guarantor and the Representatives, as representatives of the several initial purchasers listed therein (the “Initial Purchasers”).
SEVERANCE RELEASE AND WAIVERSeverance Release and Waiver • July 26th, 2013 • Newmont Mining Corp /De/ • Gold and silver ores • Colorado
