PLATINUM GROUP METALS LTD. as the Corporation and COMPUTERSHARE TRUST COMPANY OF CANADA as the Warrant AgentWarrant Indenture • May 15th, 2018 • Platinum Group Metals LTD • Gold and silver ores • British Columbia
COMPUTERSHARE TRUST COMPANY OF CANADA, a trust company existing under the laws of Canada and authorized to carry on business in all provinces of Canada (the “Warrant Agent”)
PLATINUM GROUP METALS LTD. Common Shares EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • July 27th, 2022 • Platinum Group Metals LTD • Gold and silver ores • New York
Platinum Group Metals Ltd., a corporation incorporated under the Business Corporations Act (British Columbia) (the "Company"), confirms its agreement (this "Agreement") with BMO Nesbitt Burns Inc. (the "Canadian Agent") and BMO Capital Markets Corp. (the "U.S. Agent" and, together with the Canadian Agent, the "Agents"), with respect to the issuance and sale from time to time by the Company of shares (the "Shares") of the Company's common shares with no par value per share (the "Common Shares"), having an aggregate offering price of up to US$50,000,000 (or the equivalent in Canadian dollars determined using the daily exchange rate posted by the Bank of Canada on the date the Shares are sold) (the "Maximum Amount") through or to the Agents, as sales agents, on the terms and subject to the conditions set forth in this Agreement.
UNDERWRITING AGREEMENTUnderwriting Agreement • May 11th, 2018 • Platinum Group Metals LTD • Gold and silver ores • British Columbia
The undersigned, a director or officer of Platinum Group Metals Ltd. (the “Corporation”), understands that BMO Nesbitt Burns Inc. (“BMO”) and Roth Capital Partners, LLC (collectively, the “Underwriters”) have entered into an underwriting agreement with the Corporation providing for a public offering in Canada and the United States (the “Offering”) of units of the Corporation. The undersigned also acknowledges that the Underwriters have requested that the undersigned enter into this agreement as a condition of completion of the Offering and that, in consideration of the Offering and for other good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged by the undersigned, the undersigned has agreed to enter into this agreement (the “Lock-Up Agreement”) in favour of the Underwriters.
PLATINUM GROUP METALS LTD. as Issuer and [ ] as U.S. Trustee and [ ] as Canadian Trustee Indenture Dated as of [ ]Indenture • October 31st, 2024 • Platinum Group Metals LTD • Gold and silver ores • New York
INDENTURE, dated as of ____________________, is entered into by and among Platinum Group Metals Ltd., a corporation duly continued and existing under the laws of the Province of British Columbia, Canada (herein called the "Company"), having its principal office at Suite 838 - 1100 Melville Street, Vancouver, British Columbia V6E 4A6, and ______________________, a ______________________, organized under the laws of ______________________, as U.S. trustee (herein called the "U.S. Trustee"), and ______________________, a ______________________, organized under the laws of ______________________, as Canadian trustee (the "Canadian Trustee" and, together with the U.S. Trustee, the "Trustees").
PLATINUM GROUP METALS LTD. and THE BANK OF NEW YORK MELLON as Trustee INDENTURE Dated as of June 30, 2017 ________________________________ 6 7/8% Convertible Senior Subordinated Notes due 2022Indenture • July 5th, 2017 • Platinum Group Metals LTD • Gold and silver ores • New York
INDENTURE (the “Indenture”), dated as of June 30, 2017, between Platinum Group Metals Ltd., a British Columbia corporation (the “Company”), and The Bank of New York Mellon, a banking corporation organized under the laws of the State of New York, as trustee ( the “Trustee”), Registrar, Paying Agent, Transfer Agent and Conversion Agent.
EMPLOYMENT AGREEMENTEmployment Agreement • December 14th, 2006 • Platinum Group Metals LTD • Gold and silver ores • British Columbia
PLATINUM GROUP METALS LTD., a corporation subsisting under the laws of British Columbia, with an office at Suite 328 – 550 Burrard Street, Vancouver, British Columbia, V6C 2B5
CONSULTING AGREEMENTConsulting Agreement • December 14th, 2006 • Platinum Group Metals LTD • Gold and silver ores • British Columbia
PLATINUM GROUP METALS LTD., a corporation subsisting under the laws of British Columbia, with an office at Suite 328 – 550 Burrard Street, Vancouver, British Columbia, V6C 2B5
EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • February 5th, 2021 • Platinum Group Metals LTD • Gold and silver ores • New York
Platinum Group Metals Ltd., a company incorporated under the laws of the Province of British Columbia (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time through BMO Capital Markets Corp., as sales agent and/or principal (the “Agent”), the Company’s common shares, without par value (the “Common Shares”), having an aggregate offering price of up to US$50,000,000 on the terms set forth in this agreement (this “Agreement”).
SECOND AMENDED AND RESTATED SECOND LIEN CREDIT AGREEMENT DATED AS OF February 12, 2018 Between: PLATINUM GROUP METALS LTD. as Borrower - and - PLATINUM GROUP METALS (RSA) PROPRIETARY LIMITED as Guarantor - and - LIBERTY METALS & MINING HOLDINGS, LLC...Second Lien Credit Agreement • February 20th, 2018 • Platinum Group Metals LTD • Gold and silver ores • British Columbia
WHEREAS the parties hereto entered into a second lien credit agreement dated as of November 2, 2015 (the “Initial Credit Agreement”) as amended by a first credit agreement modification agreement dated as of May 3, 2016, a second credit agreement modification agreement dated as of September 19, 2016, a third credit agreement modification agreement dated as of January 13, 2017, a fourth credit agreement modification agreement dated as of April 13, 2017, a fifth credit agreement modification agreement dated as of June 13, 2017, a sixth credit agreement modification agreement dated as of June 27, 2017 and the Side Letter (the Initial Credit Agreement as so amended, the “Previous Credit Agreement”) and amended and restated by an amended and restated second lien credit agreement dated as of October 30, 2017 (the “Existing Credit Agreement”);
SUBLEASESublease Agreement • March 15th, 2005 • Platinum Group Metals LTD • Gold and silver ores • British Columbia
SHARE SUBSCRIPTION AGREEMENT (B.C. Corporate Purchaser) (B.C. Exemption: BCSA 74(2)(4) - $97,000)Share Subscription Agreement • March 14th, 2003 • Platinum Group Metals LTD • Gold and silver ores • British Columbia
ACTIVE GOLD GROUP LTD., a corporation subsisting under the Canada Business Corporations Act and having an office at #800 - 409 Granville Street, Vancouver, British Columbia V6C 1T2
PLATINUM GROUP METALS LTD. as Borrower - and - PLATINUM GROUP METALS (RSA) PROPRIETARY LIMITED as Guarantor - and - LIBERTY METALS & MINING HOLDINGS, LLC as Agent - and - LIBERTY METALS & MINING HOLDINGS, LLC as Production Payment Termination Fee...Fourth Modification Agreement to the Second Amended and Restated Credit Agreement • November 30th, 2018 • Platinum Group Metals LTD • Gold and silver ores • British Columbia
LIBERTY METALS & MINING HOLDINGS, LLC, a limited liability company formed under the laws of Delaware, as administrative agent
PLATINUM GROUP METALS LTD. as Borrower - and - PLATINUM GROUP METALS (RSA) PROPRIETARY LIMITED as Guarantor - and - LIBERTY METALS & MINING HOLDINGS, LLC as Agent - and - LIBERTY METALS & MINING HOLDINGS, LLC as Production Payment Termination Fee...Third Modification Agreement to the Second Amended and Restated Credit Agreement • November 30th, 2018 • Platinum Group Metals LTD • Gold and silver ores • British Columbia
LIBERTY METALS & MINING HOLDINGS, LLC, a limited liability company formed under the laws of Delaware, as administrative agent
PLATINUM GROUP METALS LTD. as the Corporation and COMPUTERSHARE TRUST COMPANY OF CANADA as the Warrant AgentSupplemental Warrant Indenture • December 14th, 2018 • Platinum Group Metals LTD • Gold and silver ores
COMPUTERSHARE TRUST COMPANY OF CANADA, a trust company existing under the laws of Canada and authorized to carry on business in all provinces of Canada (the “Warrant Agent”)
SECOND AMENDED AND RESTATED CREDIT AGREEMENT MODIFICATION AGREEMENTCredit Agreement Modification • November 30th, 2017 • Platinum Group Metals LTD • Gold and silver ores • British Columbia
SPROTT RESOURCE LENDING PARTNERSHIP, a general partnership organized and existing under the laws of the Province of Ontario
Re: Pebble Property Agreement dated March 29, 2000Pebble Property Agreement • March 14th, 2003 • Platinum Group Metals LTD • Gold and silver ores
As you are aware, we are continuing to explore in the Pebble Property area. We have completed the detailed airborne magnetic survey as required under our extension agreement. The survey, interpretation and maps have cost $25,000. We have staked additional claims that add on to the Pebble property or add to the joint position at a cost of $10,000 including senior geologist’s time. In total we have completed $42,823 exploration expenditures towards the $100,000 of required expenditures under the option agreement.
NOTARIAL PROSPECTING AND OPTION CONTRACTNotarial Prospecting and Option Contract • March 14th, 2003 • Platinum Group Metals LTD • Gold and silver ores
That on this the ____ day of June in the year of our Lord Two Thousand and Two (2002), before me, CHRISTOPHER IAN STEVENS, Notary Public, duly sworn and admitted, residing and practising at Johannesburg in the Province of Gauteng, Republic of South Africa, and in the presence of the undersigned witnesses, personally came and appeared KAREN JUNE WHITE, a secretary of Attorneys at Deneys Reitz Inc. of Johannesburg, and as such in her capacity as the duly authorised Attorney and Agent of :
AGENCY AGREEMENT - FLOW-THROUGH AND NON-FLOW-THROUGH UNIT PRIVATE PLACEMENTAgency Agreement • March 14th, 2003 • Platinum Group Metals LTD • Gold and silver ores • British Columbia
The Issuer wishes to privately place with purchasers up to 1,600,000 Flow-Through Units at a price of $0.65 per Flow-Through Unit and 3,000,000 Non-Flow-Through Units at a price of $0.50 per Non-Flow-Through Unit for aggregate gross proceeds of up to $2,540,000;
LAC DES ILES RIVER PGE PROJECT OPTION AGREEMENTOption Agreement • March 14th, 2003 • Platinum Group Metals LTD • Gold and silver ores • British Columbia
WHEATON RIVER MINERALS LTD., a corporation validly subsisting under the laws of Ontario, extraprovincially registered in British Columbia under No. A-54532, and having an office at Suite 1500 - 700 West Pender Street, Vancouver, British Columbia V6C 1G8
FOURTH AMENDED AND RESTATED CREDIT AGREEMENT MODIFICATION AGREEMENTCredit Agreement Modification • November 30th, 2017 • Platinum Group Metals LTD • Gold and silver ores • British Columbia
SPROTT RESOURCE LENDING PARTNERSHIP, a general partnership organized and existing under the laws of the Province of Ontario
CREDIT AGREEMENT MODIFICATION AGREEMENTCredit Agreement Modification Agreement • November 25th, 2020 • Platinum Group Metals LTD • Gold and silver ores • British Columbia
SPROTT PRIVATE RESOURCE LENDING II (COLLECTOR), LP, a limited partnership organized and existing under the laws of the Province of Ontario, as agent
NOTARIAL JOINT VENTURE AGREEMENTNotarial Joint Venture Agreement • March 14th, 2003 • Platinum Group Metals LTD • Gold and silver ores
is PTM’s Deemed Expenditure (in the case of PTM) and RM’s Deemed Expenditure (in the case of RM) on the JV Area plus all Expenditure actually incurred by the Participant concerned since the Effective Date;
AMENDED AND RESTATED CREDIT AGREEMENT DATED AS OF OCTOBER 11, 2016 Between: PLATINUM GROUP METALS LTD. as Borrower PLATINUM GROUP METALS (RSA) PROPRIETARY LIMITED as Guarantor SPROTT RESOURCE LENDING PARTNERSHIP as Agent - and - THE SEVERAL LENDERS...Credit Agreement • November 30th, 2017 • Platinum Group Metals LTD • Gold and silver ores • British Columbia
WHEREAS the Borrower, the Guarantor, the Agent and the Lenders entered into a $40,000,000 senior secured credit agreement dated February 13, 2015 (as amended to the date hereof, the “Existing Credit Agreement”).
PRODUCTION PAYMENT AGREEMENT TERMINATION AGREEMENTProduction Payment Agreement • December 29th, 2017 • Platinum Group Metals LTD • Gold and silver ores • British Columbia
WHEREAS PGM (BC) and Liberty Metals & Mining and the other parties thereto entered into an amended and restated second lien credit agreement dated October 30, 2017 among PGM (BC), as borrower, PGM (RSA), as guarantor, Liberty Metals & Mining, as administrative agent, and the several lenders from time to time party thereto as lenders (the “A&R Credit Agreement”) which amends and restates the second lien credit agreement dated November 2, 2015 (as amended) among PGM (BC), as borrower, PGM (RSA), as guarantor, Liberty Metals & Mining, as administrative agent, and the several lenders from time to time party thereto as lenders;
SCHEME IMPLEMENTATION AGREEMENTScheme Implementation Agreement • December 1st, 2017 • Platinum Group Metals LTD • Gold and silver ores
SUPPLEMENT NO. 1 TO INDENTURESupplement to Indenture • November 30th, 2018 • Platinum Group Metals LTD • Gold and silver ores
This Supplement No. 1 to Indenture (this “Supplement”) is entered into as of January 31, 2018 by and between Platinum Group Metals Ltd., a British Columbia corporation (the “Company”) and The Bank of New York Mellon, as trustee (the “Trustee”).
Agency Agreement — Private Placement of SharesAgency Agreement • March 14th, 2003 • Platinum Group Metals LTD • Gold and silver ores • British Columbia
The Issuer wishes to privately place with purchasers up to an aggregate of 4,000,000 Shares (as defined below) at a price of $0.25 per Share;
CREDIT AGREEMENT DATED AS OF AUGUST 15, 2019 Between: PLATINUM GROUP METALS LTD. as Borrower PLATINUM GROUP METALS (RSA) PROPRIETARY LIMITED as Guarantor SPROTT PRIVATE RESOURCE LENDING II (COLLECTOR), LP as Agent - and - THE SEVERAL LENDERS FROM TIME...Credit Agreement • November 26th, 2019 • Platinum Group Metals LTD • Gold and silver ores • British Columbia
SPROTT PRIVATE RESOURCE LENDING II (COLLECTOR), LP, a limited partnership organized and existing under the laws of the Province of Ontario, as agent
SHAREHOLDER RIGHTS PLAN AGREEMENT Dated July 9th, 2012 Between PLATINUM GROUP METALS LTD. and COMPUTERSHARE INVESTOR SERVICES INC. as Rights Agent To be submitted for approval by Shareholders on or before January 9th, 2013Shareholder Rights Plan Agreement • July 11th, 2012 • Platinum Group Metals LTD • Gold and silver ores • British Columbia
WHEREAS the Board of Directors (as hereinafter defined) of the Corporation, in the exercise of their fiduciary duties to the Corporation, has determined that it is advisable and in the best interests of the Corporation to adopt a shareholder rights plan (the “Rights Plan”) to (a) ensure, to the extent possible, that all holders of the Common Shares (as hereinafter defined) of the Corporation and the Board of Directors have adequate time to consider and evaluate any unsolicited bid for the Common Shares, (b) provide the Board of Directors with adequate time to identify, develop and negotiate value-enhancing alternatives, if considered appropriate, to any such unsolicited bid, (c) encourage the fair treatment of the Corporation’s securityholders in connection with any Take-over Bid (as hereinafter defined) made for the Common Shares, and (d) generally to assist the Board of Directors in enhancing shareholder value;
SHARE PURCHASE AGREEMENTShare Purchase Agreement • December 29th, 2017 • Platinum Group Metals LTD • Gold and silver ores
PLATINUM GROUP METALS LTD. Common Shares EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • December 5th, 2024 • Platinum Group Metals LTD • Gold and silver ores • New York
Platinum Group Metals Ltd., a corporation incorporated under the Business Corporations Act (British Columbia) (the "Company"), confirms its agreement (this "Agreement") with BMO Nesbitt Burns Inc. and Beacon Securities Limited., (together, the “Canadian Agents”) and BMO Capital Markets Corp. (the "U.S. Agent", and collectively with the Canadian Agents, the "Agents" and each an "Agent"), with respect to the issuance and sale from time to time by the Company of shares (the "Shares") of the Company's common shares with no par value per share (the "Common Shares"), having an aggregate offering price of up to US$50,000,000 (or the equivalent in Canadian dollars determined using the daily exchange rate posted by the Bank of Canada on the date the Shares are sold) (the "Maximum Amount") through or to the Agents, as sales agents, on the terms and subject to the conditions set forth in this Agreement.
PLATINUM GROUP METALS LTD. as Borrower - and - PLATINUM GROUP METALS (RSA) PROPRIETARY LIMITED as Guarantor - and - LIBERTY METALS & MINING HOLDINGS, LLC as Agent - and - LIBERTY METALS & MINING HOLDINGS, LLC as Production Payment Termination Fee...Fifth Modification Agreement to the Second Amended and Restated Credit Agreement • November 30th, 2018 • Platinum Group Metals LTD • Gold and silver ores • British Columbia
LIBERTY METALS & MINING HOLDINGS, LLC, a limited liability company formed under the laws of Delaware, as administrative agent
PLATINUM GROUP METALS LTD. 8,326,957 Common Shares Underwriting AgreementUnderwriting Agreement • August 16th, 2019 • Platinum Group Metals LTD • Gold and silver ores • New York
Platinum Group Metals Ltd., a British Columbia company (the “Company”), proposes to issue and sell to BMO Capital Markets Corp. (the “Underwriter”) an aggregate of 8,326,957 common shares, no par value, of the Company (the “Underwritten Shares”) and, at the option of the Underwriter (the “Over-Allotment Option”), up to an additional 1,249,043 common shares of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares”. The common shares of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock”.
THIRD AMENDED AND RESTATED CREDIT AGREEMENT MODIFICATION AGREEMENTCredit Agreement Modification • November 30th, 2017 • Platinum Group Metals LTD • Gold and silver ores • British Columbia
SPROTT RESOURCE LENDING PARTNERSHIP, a general partnership organized and existing under the laws of the Province of Ontario
FIRST ADDENDUM TO AGNEW LAKE FARM-IN AGREEMENTAgnew Lake Farm-in Agreement • March 15th, 2004 • Platinum Group Metals LTD • Gold and silver ores
That on the 10TH day of October in the year of our Lord Two Thousand and Three (2003) the following parties have agreed to this amendment of the Agnew Lake Farm-In Agreement, dated for reference May 25, 2001:
