UNDERWRITING AGREEMENTUnderwriting Agreement • April 14th, 2022 • Electra Battery Materials Corp • Ontario
First Cobalt Corp. Shares of Common Stock EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • April 14th, 2022 • Electra Battery Materials Corp • Ontario
First Cobalt Corp., a company continued under the Canada Business Corporations Act ("First Cobalt" or the "Company"), confirms its agreement (this "Agreement") with Cantor Fitzgerald Canada Corporation (the "Agent") to issue and sell common shares of the Company upon and subject to the terms and conditions contained herein. Capitalized terms used herein have the meanings given to them in Section 23 hereof.
FIRST COBALT CORP, THE GUARANTORS PARTY HERETO, AND GLAS TRUST COMPANY LLC, as Trustee and Collateral Agent INDENTURE Dated as of September 2, 2021 6.95% Convertible Senior Secured Notes due 2026Indenture • April 14th, 2022 • Electra Battery Materials Corp • New York
THIS INDENTURE, dated as of September 2, 2021, between First Cobalt Corp., a Canadian corporation, as issuer (the “Company,” or the “Issuer,” as more fully set forth in Section 1.01), the Guarantors party hereto (as defined herein) and GLAS Trust Company LLC, a New Hampshire limited liability company, as trustee (the “Trustee,” as more fully set forth in Section 1.01) and collateral agent (the “Collateral Agent,” as more fully set forth in Section 1.01).
Electra Battery Materials Corporation Common Shares AMENDED & RESTATED EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • May 17th, 2022 • Electra Battery Materials Corp • Miscellaneous electrical machinery, equipment & supplies • Ontario
Electra Battery Materials Corporation (formerly First Cobalt Corp.), a company continued under the Canada Business Corporations Act (“Electra” or the “Company”), confirms its agreement (this “Agreement”) with CIBC World Markets Inc. (the “Canadian Agent”) and CIBC World Markets Corp. (the “U.S. Agent” and together with the Canadian Agent, the “Agents”) to issue and sell common shares of the Company upon and subject to the terms and conditions contained herein. This Agreement amends and restates in its entirety that certain equity distribution agreement, dated as of January 13, 2022, between the Company and the Canadian Agent. Capitalized terms used herein have the meanings given to them in Section 23 hereof.
ELECTRA BATTERY MATERIALS CORPORATION, THE GUARANTORS PARTY HERETO, AND GLAS TRUST COMPANY LLC, as Trustee and Collateral Trustee INDENTURE Dated as of February 13, 2023 Convertible Senior Secured Notes due 2028Indenture • February 14th, 2023 • Electra Battery Materials Corp • Miscellaneous electrical machinery, equipment & supplies • New York
THIS INDENTURE, dated as of February 13, 2023, between Electra Battery Materials Corporation, a Canadian corporation, as issuer (the “Company,” or the “Issuer,” as more fully set forth in Section 1.01), the Guarantors party hereto (as defined herein) and GLAS Trust Company LLC, a New Hampshire limited liability company, as trustee (the “Trustee,” as more fully set forth in Section 1.01) and collateral trustee (the “Collateral Trustee,” as more fully set forth in Section 1.01).
LIMITED WAIVERLimited Waiver • February 28th, 2024 • Electra Battery Materials Corp • Miscellaneous electrical machinery, equipment & supplies • New York
This LIMITED WAIVER is dated as of February 27, 2024, by and among Electra Battery Materials Corporation (the “Company”), the undersigned Holders, and GLAS Trust Company, LLC, as Trustee for the Holders. Capitalized terms used herein but not otherwise defined shall have the respective meanings ascribed to such terms in the Indenture, dated as of February 13, 2023 (the “Indenture”), between the Company, the Guarantors party thereto, and GLAS Trust Company LLC, as Trustee and Collateral Trustee.
AGENCY AGREEMENTAgency Agreement • April 14th, 2022 • Electra Battery Materials Corp • Ontario
