THIS WARRANT WAS ISSUED WITHOUT REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), PURSUANT TO ONE OR MORE EXEMPTIONS FROM REGISTRATION UNDER THE ACT AND MAY NOT BE SOLD, ASSIGNED, PLEDGED OR OTHERWISE TRANSFERRED EXCEPT PUSUANT TO...Warrant Agreement • July 24th, 2018 • Applied Minerals, Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • New York
THIS COMMON STOCK PURCHASE WARRANT (this “Warrant”) certifies that, for value received, _____ (the “Holder”), is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and on or before 5:00 p.m. New York City time on the three year anniversary of the Initial Issuance Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Applied Minerals, Inc., a Delaware corporation (the “Company”), up to ________ shares (the “Warrant Shares”) of common stock, $.001 par value per share (the “Common Stock”), of the Company. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price (as defined in Section 1.2 of this Warrant). This Warrant is issued pursuant to the Investment Agreement, by and between the Company and the Holder. This Warrant is divisible into ______ Warrants, each of which entitles the Hold
DIRECTOR NOMINATION AGREEMENTDirector Nomination Agreement • July 24th, 2018 • Applied Minerals, Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • New York
This DIRECTOR NOMINATION AGREEMENT (this “Agreement’) is entered into as of this ____ of April , 2017 (the “Effective Time”), by and between Applied Minerals, Inc., a Delaware corporation (the “Company”) and the holders of a majority (“Majority Holders”) of the principal amount of the 10% PIK-Election Convertible Note due 2023 (“Notes”) on behalf of the holders of the Notes (each a “Noteholder,” and together, the “Noteholders. Each of the Company and the Noteholders may be referred to herein individually as a “Party” or collectively as the “Parties.” Unless otherwise specified herein, all of the capitalized terms used herein are defined in Section 4 hereof.
SERIES A AGREEMENTSeries a Agreement • July 24th, 2018 • Applied Minerals, Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • New York
This SERIES A AGREEMENT (this “Agreement’) is entered into as of this 12th day of May, 2017, by and between Applied Minerals, Inc., a Delaware corporation (the “Company”) and the holders of a majority of the 10% PIK-Election Convertible Note due 2018 (“Series A Notes”) (each holder of a Note, a “Series A Noteholder,” and together, the “Series A Noteholders”). The Company and each of the Series A Noteholders may be referred to herein individually as a “Party” or collectively as the “Parties.” .
SERIES 2023 AGREEMENTSeries 2023 Agreement • July 24th, 2018 • Applied Minerals, Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • New York
This SERIES 2023 AGREEMENT (this “Agreement’) is entered into as of this 12th of May 2017, by and between Applied Minerals, Inc., a Delaware corporation (the “Company”) and the holders (“Majority Holders”) of a majority of the 10% PIK-Election Convertible Note due 2023 (“Series 2023 Notes”) (each holder of a Note, a “Series 2023 Noteholder,” and together, the “Series 2023 Noteholders”). The Company and each of the Series 2023 Noteholders may be referred to herein individually as a “Party” or collectively as the “Parties.”
Amendment No. 1 to Series A AgreementSeries a Agreement • July 24th, 2018 • Applied Minerals, Inc. • Mining & quarrying of nonmetallic minerals (no fuels)
This Amendment No. 1 (the “Amendment”) to Series A Agreement dated May 12, 2017 (“Series A Agreement”) is entered into by and between the Company and Series A Noteholders.
Amendment No. 1 to Series 2023 AgreementSeries 2023 Agreement • July 24th, 2018 • Applied Minerals, Inc. • Mining & quarrying of nonmetallic minerals (no fuels)
This Amendment No. 1 (the “Amendment”) dated _________________, 2017 to the Series 2023 Agreement dated May 12, 2017 (“Series 2023 Agreement”) is entered into by and between the Company and the Majority Holders of the Series 2023 Notes.
