Variation Agreement
Exhibit 10.9
The parties entered into a Loan Agreement dated 21 November 2022 (Loan Agreement). The Loan Agreement was varied by way of a letter waiver dated 17 June 2023 and further varied by a Variation Agreement dated 6 March 2024.
Nebari Gold Fund 1, LP hereby agree to vary the requirement in clause 13.3(a) of the Loan Agreement that Nova Minerals Limited (Nova) is required to have a minimum month-end consolidated cash balance of at least US$2,000,000 for the month ending 30 June 2024 to a requirement for Nova have a month-end consolidated cash balance of at least US$1,500,000 for the month ending 30 June 2024. This waiver only applies to the month ending 30 June 2024 (and not for any other month-end).
EXECUTED
| EXECUTED by NOVA MINERALS LIMITED [ACN 006 690 348] in accordance with section 127 of the Corporations Act: | ) ) ) ) |
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| Signature of Director | Signature of Director | |
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| Name of Director | Name of Director | |
| Date 22 May 2024 | Date 22 May 2024 |
| EXECUTED by NEBARI GOLD FUND 1, LP, in a manner authorised by its constituent documents: | ) ) | |
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| Signature of Authorised Signatory | ||
| ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ - Senior Managing Director | ||
| Name of Authorised Signatory | ||
| Date |
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