Current Report Filing (8-k)
October 18 2016 - 11:49AM
Edgar (US Regulatory)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report: October 13, 2016
(Date of earliest event reported)
NioCorp
Developments Ltd.
(Exact Name of Registrant as Specified in Charter)
British Columbia, Canada
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333-213451
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98-1262185
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(State
or Other Jurisdiction of Incorporation)
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(Commission File Number)
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(IRS
Employer Identification No.)
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7000 South Yosemite Street, Suite 115
Centennial,
Colorado
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80112
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(Address of principal executive offices)
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(Zip Code)
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Registrant’s telephone number, including area code:
(720) 639-4647
Check the appropriate box below if the Form 8-K filing is intended
to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
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Written communications
pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
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Soliciting material pursuant
to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
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Pre-commencement communications
pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
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Pre-commencement communications
pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
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Item 7.01. Regulation FD Disclosure.
On October 13, 2016, NioCorp Developments Ltd. (the “Company”)
issued their Annual Information Form (“AIF”) pursuant to its ongoing reporting obligations in Canada on SEDAR.com (System
for Electronic Document Analysis and Retrieval), the electronic filing system for the disclosure documents of public companies
and investment funds across Canada.
In accordance with General Instruction
B.2 of Form 8-K, the information set forth herein and in the AIF is deemed to be “furnished” and shall not be deemed
to be “filed” for purposes of the Securities Exchange Act of 1934, as amended. The information set forth in Item 7.01
of this current report on Form 8-K shall not be deemed an admission as to the materiality of any information in this report on
Form 8-K that is required to be disclosed solely to satisfy the requirements of Regulation FD.
All mineral resources in the AIF have been
estimated in accordance with the definition standards on mineral resources and mineral reserves of the Canadian Institute of Mining,
Metallurgy and Petroleum referred to in NI 43-101. U.S. reporting requirements for disclosure of mineral properties are governed
by the SEC Industry Guide 7 (“Guide 7”). NI 43-101 and Guide 7 standards are substantially different. The terms “mineral
reserve”, “proven mineral reserve” and “probable mineral reserve” are Canadian mining terms as defined
in accordance with NI 43-101. These definitions differ from the definitions in Guide 7. Under Guide 7 standards, a “final”
or “bankable” feasibility study is required to report reserves, the three-year historical average price is used in
any reserve or cash flow analysis to designate reserves and the primary environmental analysis or report must be filed with the
appropriate governmental authority.
The AIF uses the terms “mineral resource,”
“measured mineral resource,” “indicated mineral resource” and “inferred mineral resource”.
These terms are defined in and required to be disclosed by NI 43-101; however, these terms are not defined terms under Guide 7
and are normally not permitted to be used in reports and registration statements filed with the SEC. Investors are cautioned not
to assume that any part or all of mineral deposits in these categories will ever be converted into reserves. “Inferred mineral
resources” have a great amount of uncertainty as to their existence, and great uncertainty as to their economic and legal
feasibility. It cannot be assumed that all or any part of an inferred mineral resource will ever be upgraded to a higher category.
Under Canadian rules, estimates of inferred mineral resources may not form the basis of feasibility or pre-feasibility studies,
except in rare cases. Investors are cautioned not to assume that all or any part of an inferred mineral resource exists or is economically
or legally mineable. Disclosure of “contained pounds” in a resource is permitted disclosure under Canadian regulations;
however, the SEC normally only permits issuers to report mineralization that does not constitute “reserves” by SEC
standards as in place tonnage and grade without reference to unit measures.
A copy of the AIF is also available on the Company’s website
and is attached hereto as Exhibit 99.1.
Item 9.01. Exhibits.
Exhibit
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Description
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99.1
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Annual Information Form, dated October 13, 2016*
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*
The foregoing exhibit relating
to Item 7.01 is intended to be furnished to, not filed with, the SEC pursuant to Regulation FD.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act
of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
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NIOCORP DEVELOPMENTS LTD.
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DATE: October 17, 2016
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By:
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/s/ Mark A. Smith
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Mark A. Smith
Executive Chairman and Chief Executive Officer
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EXHIBIT INDEX
Exhibit
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Description
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99.1
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Annual Information Form, dated October 13, 2016*
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*
The foregoing exhibit relating
to Item 7.01 is intended to be furnished to, not filed with, the SEC pursuant to Regulation FD.