Second Amended and Restated INVESTOR AND REGISTRATION RIGHTS AGREEMENTInvestor and Registration Rights Agreement • May 28th, 2024 • 5E Advanced Materials, Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • New York
THIS second amended and restated INVESTOR AND REGISTRATION RIGHTS AGREEMENT, dated as of May [●], 2024 (this “Agreement”), has been entered into by and among 5E ADVANCED MATERIALS, INC., a Delaware corporation (the “Company”) and the undersigned holders of Registrable Securities (as defined below).
AMENDMENT NO. 2 TO THE AMENDED AND RESTATED NOTE PURCHASE AGREEMENTNote Purchase Agreement • May 28th, 2024 • 5E Advanced Materials, Inc. • Mining & quarrying of nonmetallic minerals (no fuels)
THIS AMENDMENT NO. 2 dated as of May 28, 2024 (this “Amendment”) to the Amended and Restated Note Purchase Agreement dated as of January 18, 2024 (as amended, by Amendment No. 1 to the Amended and Restated Note Purchase Agreement, dated as of April 28, 2024, the “Existing Note Purchase Agreement”; and as amended by this Amendment, and as may be further amended, restated, amended and restated, modified or supplemented from time to time, the “Note Purchase Agreement”) is entered into by and among 5E Advanced Materials, Inc., a Delaware corporation with offices located at 9329 Mariposa Road, Suite 210, Hesperia, CA, 92344 (“Issuer”), the Guarantor party hereto, Alter Domus (US) LLC (the “Collateral Agent”), and the Purchasers signatory hereto.
