PolyMet Mining Corp. (“PolyMet” or the “company”) (TSX: POM;
NYSE American: PLM) has filed a short form preliminary prospectus
with securities regulatory authorities in each of the Canadian
provinces, and a registration statement on Form F-10 with the U.S.
Securities and Exchange Commission (“SEC”) in respect of an
offering of rights (“Rights”) to purchase common shares of the
company to raise approximately US$265 million in gross proceeds
(the “Rights Offering”).
Summary of Rights Offering
Pursuant to the Rights Offering, all eligible registered
shareholders of PolyMet (subject to applicable law) will receive
one Right for every common share of PolyMet owned on the record
date (the “Record Date”), which will be a date no less than 10
calendar days following receipt of the approval of the Toronto
Stock Exchange (“TSX”) and NYSE American for the Rights Offering.
The Rights Offering will include an additional subscription
privilege entitling holders of Rights who have fully exercised
their Rights to subscribe for additional common shares, if
available, that were not otherwise subscribed for under the Rights
Offering.
PolyMet will apply to have the Rights listed for trading on both
the TSX and NYSE American. The approval of such listings is subject
to the company fulfilling all of the listing requirements of these
exchanges.
In accordance with the rules of the TSX and as provided in the
Standby Agreement (described below) with Glencore, the subscription
price for the common shares of PolyMet to be purchased upon
exercise of the Rights (the “Rights Price”) will represent a 20
percent discount to the U.S. dollar equivalent of the volume
weighted average price (“VWAP”) of PolyMet common shares on the TSX
for the five trading days immediately prior to the day the final
short form prospectus for the Rights Offering (the “Final
Prospectus”) is filed. The number of Rights required to subscribe
for one new common share of PolyMet will be determined on the basis
of the Rights Price and the number of common shares in issue at the
time of pricing (currently approximately 322 million common shares)
in order to receive gross proceeds of approximately US$265 million.
The period during which Rights may be exercised under the Rights
Offering will be determined at the time of filing the Final
Prospectus.
Standby Purchase Agreement
As contemplated by the previously disclosed Extension Agreement
between PolyMet and Glencore AG (“Glencore”) and in connection with
the Rights Offering, PolyMet has entered into a standby purchase
agreement (the "Standby Purchase Agreement") pursuant to which
Glencore, subject to certain terms and conditions and limitations,
has agreed to exercise its basic subscription privilege in full and
to purchase at the Rights Price, that number of common shares,
equal to the difference, if any, of (x) the total number of common
shares offered pursuant to the Rights Offering minus (y) the number
of common shares subscribed for pursuant to the basic subscription
privilege and the additional subscription privilege (the “Standby
Commitment”). As a result, subject to the satisfaction of the terms
and conditions of the Standby Purchase Agreement, the Rights
Offering will be fully backstopped by Glencore. Glencore will be
entitled to a fee (the “Standby Fee”) at the closing of the Rights
Offering of approximately US$7.7 million which is equal to 3.0
percent of the total funds committed by Glencore (based on the
assumptions in this news release).
The company intends to make available the proceeds of the Rights
Offering for: (a) the repayment of the amount that PolyMet is
indebted to Glencore which, as at March 31, 2019, is the principal
amount of US$165 million plus accrued interest of approximately
US$77.8 million plus additional interest which continues to accrue;
(b) the payment of the Standby Fee in full; and (c) payment of
expenses of the Rights Offering.
By virtue of its 28.8 percent shareholding in PolyMet, Glencore
is a related party to the company, and the Rights Offering, as a
result of the Standby Commitment, is a related party transaction
pursuant to Multilateral Instrument 61-101 – Protection of Minority
Securityholders in Special Transactions ("MI 61-101"). However, the
Rights Offering is exempt from the formal valuation and minority
shareholder approval requirements under MI 61-101 pursuant to
section 5.1(k)(ii) of MI 61-101.
The Rights Offering, and Glencore’s ability and obligation to
participate n the Rights Offering, including in respect of the
Standby Commitment, is subject to certain conditions including, but
not limited to, the receipt of all necessary approvals, including
the approval of the TSX and NYSE American and the receipt of
clearance under the Hart-Scott-Rodino Antitrust Improvements Act of
1976.
Further details concerning the Rights Offering, including the
terms of the Standby Purchase Agreement are contained in the
company's preliminary short form prospectus which will be available
on the company's SEDAR profile and in the company’s Form F-10 filed
with the SEC on EDGAR (available at www.sec.gov). The foregoing
description of certain terms of the Standby Purchase Agreement does
not purport to be complete and is qualified in its entirety by
reference to the full text of such agreements to be filed by
PolyMet under its profile at www.sedar.com.
Subject to applicable law, a rights certificate and the Final
Prospectus will be distributed to all eligible shareholders who
owned common shares on the Record Date along with instructions
explaining how many Rights a shareholder is entitled to receive,
the number of PolyMet common shares that can be purchased for those
Rights, how to subscribe to such Rights or instruct brokers how to
subscribe for the purchase of common shares pursuant to those
Rights, or instruct such shareholder’s broker to subscribe for the
purchase of common shares on the shareholder’s behalf, and how to
sell Rights in the market or otherwise transfer them to another
party.
This news release does not constitute an offer to sell, nor
the solicitation of an offer to buy, the securities in any
jurisdiction; nor shall there be any sale of securities mentioned
in this news release in any jurisdiction in which such offer,
solicitation or sale would be unlawful prior to registration or
qualification under the securities laws of such
jurisdiction.
About PolyMet
PolyMet Mining Corp. (www.polymetmining.com) is a publicly
traded mine development company that owns 100 percent of Poly Met
Mining, Inc., a Minnesota corporation that controls 100 percent of
the NorthMet copper-nickel-precious metals ore body through a
long-term lease, and owns 100 percent of the former LTV Steel
Mining Company processing facility, located approximately seven
rail miles from the ore body in the established mining district of
the Mesabi Iron Range in northeastern Minnesota. Poly Met Mining,
Inc. has completed its Definitive Feasibility Study and received
all permits necessary to construct and operate the NorthMet
Project. NorthMet is expected to require approximately two million
hours of construction labor, create approximately 360 long-term
jobs directly, and generate a level of activity that will have a
significant multiplier effect in the local economy.
PolyMet Disclosures
This news release contains certain forward-looking statements
concerning anticipated developments in PolyMet’s operations in the
future. Forward-looking statements are frequently, but not always,
identified by words such as “expects,” “anticipates,” “believes,”
“intends,” “estimates,” “potential,” “possible,” “projects,”
“plans,” and similar expressions, or statements that events,
conditions or results “will,” “may,” “could,” or “should” occur or
be achieved or their negatives or other comparable words. These
forward-looking statements may include statements regarding the
ability to receive environmental and operating permits, job
creation, and the effect on the local economy, or other statements
that are not a statement of fact. Forward-looking statements
address future events and conditions and therefore involve inherent
known and unknown risks and uncertainties. Actual results may
differ materially from those in the forward-looking statements due
to risks facing PolyMet or due to actual facts differing from the
assumptions underlying its predictions.
PolyMet’s forward-looking statements are based on the beliefs,
expectations and opinions of management on the date the statements
are made, and PolyMet does not assume any obligation to update
forward-looking statements if circumstances or management’s
beliefs, expectations and opinions should change.
Specific reference is made to risk factors and other
considerations underlying forward-looking statements discussed in
PolyMet’s most recent Annual Report on Form 40-F for the
fiscal year ended December 31, 2018, and in our other filings with
Canadian securities authorities and the U.S. Securities and
Exchange Commission.
The Annual Report on Form 40-F also contains the company’s
mineral resource and other data as required under National
Instrument 43-101.
The TSX has not reviewed and does not accept responsibility for
the adequacy or accuracy of this release.
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version on businesswire.com: https://www.businesswire.com/news/home/20190507005520/en/
MediaBruce Richardson, Corporate CommunicationsTel: +1
(651) 389-4111brichardson@polymetmining.com
Investor RelationsTony Gikas, Investor RelationsTel: +1
(651) 389-4110investorrelations@polymetmining.com
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