UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM
CURRENT REPORT
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Item 1.01. Entry into a Material Definitive Agreement.
On May 31, 2023, Gatos Silver, Inc. (the “Company”) entered into a waiver (the “Waiver”) to its Amended and Restated Revolving Credit Agreement, dated December 20, 2022, among the Company, certain of its subsidiaries from time to time, Bank of Montreal, Chicago Branch, as administrative agent, BMO Capital Markets, as bookrunner and mandated lead arranger, and Bank of Montreal, Chicago Branch and certain financial institutions from time to time, as lenders. The Waiver deferred the Company’s obligation to deliver until July 15, 2023 (i) its audited consolidated financial statements and the Los Gatos Joint Venture’s (the “LGJV”) audited combined financial statements for the years ended December 31, 2021 and 2022, together with the auditors’ report on such audited financial statements, and (ii) its unaudited consolidated financial statements and the LGJV’s unaudited combined financial statements for the quarters ended March 31, 2022, June 30, 2022, September 30, 2022 and March 31, 2023.
The foregoing description of the Waiver is not complete and is qualified in its entirety by reference to the full text of the agreement, which is filed as Exhibit 10.1 to this Current Report on Form 8-K and incorporated by reference herein.
Item 2.02. Results of Operations and Financial Condition.
On June 6, 2023, the Company issued a press release announcing unaudited select results for the quarters ended March 31, 2023 and December 31, 2022 and the year ended December 31, 2022 and providing certain other updates, including its and the Los Gatos Joint Venture’s cash balance as of May 31, 2023. A copy of the press release is furnished as Exhibit 99.1 to this Current Report on Form 8-K and incorporated by reference herein.
The information included in Item 2.02 of this Current Report on Form 8-K and Exhibit 99.1 attached hereto are being furnished and shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference into any other filing under the Securities Act of 1933, as amended, or the Exchange Act, regardless of any general incorporation language in any such filing.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits.
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.
| GATOS SILVER, INC. | ||
| Date: June 7, 2023 | By: | /s/ Dale Andres |
| Dales Andres | ||
| Chief Executive Officer | ||