AMENDMENT NO. 4 TO BRIDGE LOAN AGREEMENT
Exhibit 10.1
AMENDMENT NO. 4 TO
BRIDGE LOAN AGREEMENT
AMENDMENT NO. 4 TO BRIDGE LOAN AGREEMENT, dated April 3, 2013 (this Amendment), is between General Moly, Inc., a Delaware corporation, (the Company), and Hanlong (USA) Mining Investment, Inc., a Delaware corporation, (Lender).
RECITALS
A. The Company and Lender are parties to the Bridge Loan Agreement, dated March 4, 2010 (as amended by that certain Amendment No. 1 to Bridge Loan Agreement, dated July 30, 2010, Amendment No. 2 to Bridge Loan Agreement, dated July 7, 2011, Amendment No. 3 to the Bridge Loan Agreement dated June 14, 2012, and as further amended, restated or replaced the Agreement);
B. The Company and Lender desire to amend the Agreement to modify certain dates set forth in the Agreement.
Accordingly, in consideration of the mutual covenants contained in this Amendment the parties intending to be legally bound agree as follows.
NOTICE AND AGREEMENT
1. A new Section 2.6 be added in the Agreement as follows:
2.6 No Draw down on Tranche B Bridge Loans
Notwithstanding any provision in this Agreement to the contrary, the Company shall not have any right to draw down on the Tranche B Bridge Loans after March 31, 2013 and the Company and the Lender together confirm that the Lender shall have no obligation to make or provide any Tranche B Bridge Loans to the Company after March 31, 2013.
2. Section 3.1(a) of the Agreement is hereby amended by replacing April 30, 2013 with November 16, 2013.
3. Schedule A of the Agreement is hereby amended by deleting the definition Tranche B Availability Period in its entirety and replace with the following:
Tranche B Availability Period: The period beginning on the date that is five Business Days after the Stockholder Approval shall have been obtained to and including March 31, 2013.
Except as specifically set forth in this Amendment, the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment to be effective as of the date first above written.
| GENERAL MOLY, INC. | |
|
| |
|
|
|
| By: | /s/ Bruce D. Hansen |
| Name: | Bruce D. Hansen |
| Title: | CEO |
|
| |
|
| |
| HANLONG (USA) MINING INVESTMENT, INC | |
|
| |
|
| |
| By: | /s/ Nelson Feng Chen |
| Name: | Nelson Feng Chen |
| Title: | Managing Director |