REGISTRATION RIGHTS AGREEMENT AND AMENDMENT TO EXISTING REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • December 6th, 2011 • Glencore International PLC • Miscellaneous metal ores • New York
This Registration Rights Agreement and Amendment to Existing Registration Rights Agreement (this “Agreement”) is made and entered into as of this 30th day of November, 2011, by and among POLYMET MINING CORP., a corporation incorporated under the laws of British Columbia (including its successors, the “Company”), and GLENCORE AG, a corporation existing under the laws of Switzerland (“Glencore”).
NEITHER THIS SECURITY NOR THE SECURITIES FOR WHICH THIS SECURITY IS EXERCISABLE HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE...Warrant Agreement • December 6th, 2011 • Glencore International PLC • Miscellaneous metal ores
This is to certify that, FOR VALUE RECEIVED, GLENCORE AG (the "Warrantholder"), is entitled to purchase, subject to the provisions of this Warrant, from POLYMET MINING CORP., a corporation incorporated under the laws of British Columbia (the "Company"), at any time and from time to time after the issuance hereof but not later than 11:59 P.M., Eastern time, on the earlier of (i) the date that is 10 Business Days after the date on which the Company and/or the Issuer has Senior Construction Financing (as defined in the Purchase Agreement) made available for its NorthMet Mine and the Erie Plant facilities in St. Louis County, Minnesota (the "NorthMet Project"), in form and substance satisfactory to the Warrantholder, acting reasonably, and all permits required to commence construction of the NorthMet Project, in form and substance satisfactory to the Warrantholder acting reasonably, and (ii) September 30, 2014 (such earlier date being, the "Expiration Date"), a number of Common Shares (the
PolyMet Mining Corp. Richmond, BC V7B 1C3 CANADASubscription Agreement • December 6th, 2011 • Glencore International PLC • Miscellaneous metal ores • New York
The undersigned (the “Investor”) hereby confirms and agrees with PolyMet Mining Corp., a British Columbia company (the “Company”), as follows:
JOINT FILING AGREEMENTJoint Filing Agreement • December 6th, 2011 • Glencore International PLC • Miscellaneous metal ores
Each of the undersigned hereby agrees that this Amendment No. 10 to the statement on Schedule 13D is being filed with the United States Securities and Exchange Commission on behalf of each of the undersigned pursuant to Rule 13d-1(k) under the United States Securities Exchange Act of 1934, as amended.
AMENDMENT AND WAIVERPurchase Agreement • December 6th, 2011 • Glencore International PLC • Miscellaneous metal ores
This Amendment and Waiver Agreement (this "Agreement"), is made as of the 30th day of November, 2011, by and among POLYMET MINING CORP., a corporation existing under the laws of British Columbia (the "Company"), POLY MET MINING, INC., a corporation existing under the laws of the State of Minnesota (the "Issuer"), and GLENCORE AG, a corporation existing under the laws of Switzerland (the "Purchaser").
