MARK A. SMITH EXECUTIVE CHAIRMAN AND CEO
Exhibit 10.1
 |
XXXX X. XXXXX EXECUTIVE CHAIRMAN AND CEO |
December 14, 2020
0000
Xxxxx Xxxxxxxx Xxxxxx, Xxxxx000
Xxxxxxxxxx, XX 00000
Attention: Xxxx X. Xxxxxxx Xx., Vice President & General Counsel
Dear Sirs/Mesdames:
| Re: | 6th
Amending Agreement - Loan Agreement between NioCorp Developments Ltd. and Xxxx Xxxxx |
Pursuant to a loan agreement between NioCorp Developments Ltd. (the "Borrower") and Xxxx Xxxxx (the "Lender") dated June 17th, 2015 and as amended July 13th, 2016, March 20th, 2017, April 6th 2018, May 31st, 2019 and June 10th, 2020 (the "Loan Agreement"), the Lender advanced a loan to the Borrower on the terms and conditions set out therein.
The Borrower and the Lender wish to amend the Loan Agreement in the manner set forth herein.
INTERPRETATION
All words and expressions defined in the Loan Agreement have the same meaning when used herein. Reference to the Loan Agreement includes amendments thereto from time to time, including the amendments made by this amending agreement. All references herein to sections of or schedules to an agreement other than this amending agreement are to sections of and schedules to the Loan Agreement, unless otherwise expressly stated. Clause headings are for reference only.
EFFECTIVE DATE
The provisions of the Loan Agreement are amended as set out in this amending agreement effective as of the date of acceptance by Borrower below.
AMENDMENTS
Section 1.1(h) of the Loan Agreement shall be deleted and replaced in its entirety with the following new Section 1.1(h):
TSX : NB OTCQX : NIOBF FSE : BR3
0000 XXXXX XXXXXXXX XXXXXX, XXXXX 000, XXXXXXXXXX, XX 00000
TEL: 000.000.0000 xxx.XxxXxxx.xxx
“Term” means a period commencing on the Effective Date, being the date the Lender advanced the Principal to the Borrower, and expiring on December 15, 2021.
MISCELLANEOUS
With the exception of the foregoing amendments, the Loan Agreement and general security agreement executed in connection therewith continue in full force and effect unamended.
This amending agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered (including by facsimile transmission or as a pdf attachment to an e-mail) shall constitute an original, but all such counterparts when taken together shall constitute one and the same instrument.
Please indicate your acceptance of this amending agreement by signing and returning the enclosed duplicate copy of this letter.
Yours
truly,
XXXX X. XXXXX
| /s/ Mark. X. Xxxxx |
Accepted by Xxxxxxxx as of the 14th day of December, 2020.
| By: | /s/ Xxxx X. Xxxxxxx | |
| Name: Xxxx X. Xxxxxxx Xx. | ||
| Title: Vice President & General Counsel | ||
TSX : NB OTCQX : NIOBF FSE : BR3
0000 XXXXX XXXXXXXX XXXXXX, XXXXX 000, XXXXXXXXXX, XX 00000
TEL: 000.000.0000 xxx.XxxXxxx.xxx
