Replies to post #101268 on Niocorp Developments Ltd (NB)

[tedro84]

It’s very important to read the footnotes on these filings. In many cases, the individuals listed don’t currently own the shares, but have a right to the shares via convertible debentures or other means.

In the case of Yorkville, it’s the convertible debentures. It’s unlikely they are holding actual shares as the price drops. That number represents how many shares they can ask for and flood the sell side with at any moment.

As far as Kehler (and Maselli but you didn’t mention him) these are almost all of the “vested shares” that they will get in March. The most interesting thing about this is that we can now have a pretty good idea of where those 4.8 million sponsor shares went and we know who will have to report sales (Kehler and Maselli) and who won’t.

[LCP77]

This would be better left to Scooter.

But with a glace I see you missed note 1 with regard to Yorkville:


(1) Beneficial ownership includes (a) an estimated 5,035,293 Common Shares issuable upon conversion of the Convertible Debentures, assuming (i) the conversion of all $10,000,000 aggregate principal amount outstanding of the Convertible Debentures, plus $793,151 of accrued interest, (ii) a conversion price equal to the Floor Price (as defined herein) of $2.1435 and (iii) none of the limitations on conversion of the Convertible Debentures set forth in the Yorkville Convertible Debt Financing Agreement apply; and (b) 1,789,267 Common Shares issuable upon exercise of the Financing Warrants, assuming (i) none of the holders of the Financing Warrants elects cashless exercise and (ii) none of the limitations on exercise of the Financing Warrants set forth the Yorkville Convertible Debt Financing Agreement apply. Pursuant to the terms of the Convertible Debentures and the Financing Warrants, YA may not convert Convertible Debentures or exercise Financing Warrants into Common Shares in an amount that would result in YA (or its affiliates) beneficially owning (as determined in accordance with Section 13(d) of the Exchange Act and the rules promulgated thereunder) more than 4.99% of the Common Shares outstanding immediately after giving effect to such conversion or exercise or receipt of shares (the “Beneficial Ownership Limitation”); provided that YA may waive the Beneficial Ownership Limitation upon not less than 65 days’ prior notice to NioCorp. In accordance with Rule 13d-3(d) under the Exchange Act, we have excluded from the number of Common Shares beneficially owned prior to the offering all of the Common Shares that YA may be required to purchase under the Yorkville Equity Facility Financing Agreement, because the issuance of such Common Shares is solely at our discretion and is subject to conditions contained in the Yorkville Equity Facility Financing Agreement, the satisfaction of which are entirely outside of YA’s control. YA is a fund managed by Yorkville Advisors Global, LP. Yorkville Advisors Global II, LLC is the General Partner of Yorkville Advisors Global, LP. All investment decisions for YA are made by Yorkville Advisors Global II, LLC’s President and Managing Member, Mr. Mark Angelo. The business address of YA is 1012 Springfield Avenue, Mountainside, NJ 07092.

[Dead On Arrival]

Thank you for bringing that news to our attention. Yorkville is responsible for the share price drop due to the toxic financing. If they are not , please explain who is. Retail investors here are holding the line so far although a few might have dropped out. No single shareholder can cause this massive of a selloff.

What in the world did Niocorp do to their shareholder base. They must have been dead broke to agree to this toxic financing. Waiting to see if Yorkville will take a seat on the BOD.

[wagner]

From the document
NioCorp Developments Ltd.

17,519,864 Common Shares

24,213,950 Common Shares offered by the Selling Shareholders

5,666,667 Warrants offered by the Selling Shareholders


Selling.......

Keep in mind, Fiance construction alow to sell to Yorkville with discount on the share price, one reason for the decrease of months