0001104659-22-061845 Sample Contracts

Electra Battery Materials Corporation Common Shares AMENDED & RESTATED EQUITY DISTRIBUTION AGREEMENT
Equity 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.

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