ENERGY FUELS INC. (TSE:EFR) Files An 8-K Entry into a Material Definitive Agreement
Item 1.01. Entry into a Material Definitive Agreement.
On February 13, 2020, Energy Fuels Inc. (the “Company”) entered into an underwriting agreement (the “Underwriting Agreement”) by and among the Company and Cantor Fitzgerald & Co. (“Cantor”), as representative for several underwriters listed on Schedule A of the Underwriting Agreement (together with Cantor, the “Underwriters”). to the Underwriting Agreement, the Underwriters agreed to buy on a bought deal basis 11,300,000 common shares (the “Common Shares”) at a price of US$1.47 per Common Share (the “Offering Price”) for gross proceeds of US$16,611,000 million (the “Offering”). The Company has granted the Underwriters an option to purchase, severally and not jointly, up to an aggregate of 1,695,000 additional Common Shares of the Company (the “Option Shares”) at the Offering Price. The option to purchase the Option Shares granted to the Underwriters may be exercised at any time and from time to time in whole or in part upon notice to the Company, which notice may be given at any time within 30 days from the date of the Underwriting Agreement. The Offering is expected to close on February 20, 2020, subject to obtaining customary TSX and NYSE American approvals and other customary closing conditions.
The Underwriting Agreement contains customary representations, warranties and covenants by the Company, conditions to closing and indemnification provisions, as well as a form lock-up agreement that has been signed by the Company\’s directors and officers, filed herewith as Exhibit A to Exhibit 1.1.
The foregoing description of the Offering is qualified in its entirety by reference to the Underwriting Agreement, a copy of which is filed as Exhibit 1.1 to this Current Report on Form 8-K and which is hereby incorporated by reference into this Item 1.01.
The Offering is being made in the United States to a prospectus supplement to the Company\’s base shelf prospectus contained in the Company\’s shelf registration statement on Form S-3 (File No. 333-228158), as filed with the Securities and Exchange Commission (the \”SEC\”) on November 5, 2018 and declared effective on December 26, 2018, and in Canada to a prospectus supplement to the Registrant\’s base shelf prospectus, dated December 26, 2018 filed with securities regulatory authorities in each of the provinces of Canada except Quebec.
Item 9.01. Exhibits.
* The foregoing Exhibits are hereby incorporated by reference into the Registrant\’s Registration Statement on Form S-3 (File No. 333-228158), filed with the SEC on November 5, 2018 and declared effective on December 26, 2018, to the United States Securities Act of 1933, as amended.
ENERGY FUELS INC Exhibit
EX-1.1 2 exhibit1-1.htm EXHIBIT 1.1 Energy Fuels Inc.: Exhibit 1.1 – Filed by newsfilecorp.com ENERGY FUELS INC.11,…
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About ENERGY FUELS INC. (TSE:EFR)
Energy Fuels Inc. (Energy Fuels) is engaged in conventional and in situ (ISR) uranium extraction and recovery, along with the exploration, permitting and evaluation of uranium properties in the United States. The Company operates through two segments: ISR Uranium and Conventional Uranium. It conducts its ISR activities through its Nichols Ranch Project, located in northeast Wyoming. It conducts its conventional uranium extraction and recovery activities through its White Mesa Mill. It owns the Nichols Ranch Uranium Recovery Facility in Wyoming (the Nichols Ranch Project), which is a uranium recovery facility operating in the United States. In addition, the Company owns the White Mesa Mill in Utah, which is a conventional uranium recovery facility operating in the United States. It also owns uranium and uranium/vanadium properties and projects in various stages of exploration, permitting, and evaluation, as well as fully-permitted uranium and uranium/vanadium projects on standby.