Iamgold Corp 6-K, filed Nov 15, 2023

Iamgold Corp (IAG)

6-K 2023-11-15 For: 2023-11-09

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Added on April 09, 2026

About this 6-K

Iamgold Corp filed this 6-K on November 15, 2023.

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Exhibit		Description of Exhibit

99.1		Ninth Amending Agreement (dated November 9, 2023) to the Amended and Restated Credit Agreement of December 14, 2017

	IAMGOLD CORPORATION

Date: November 15, 2023	By:	/s/ Tim Bradburn
		Senior Vice President, General Counsel and Corporate Secretary

BETWEEN:	IAMGOLD CORPORATION (as "Borrower")

AND:	NATIONAL BANK OF CANADA ROYAL BANK OF CANADA DEUTSCHE BANK AG, CANADA BRANCH BANK OF MONTREAL THE TORONTO-DOMINION BANK CITIBANK, N.A., CANADIAN BRANCH CANADIAN IMPERIAL BANK OF COMMERCE INVESTISSEMENT QUÉBEC THE BANK OF NOVA SCOTIA BNP PARIBAS (each as "Lender")
AND:	NATIONAL BANK OF CANADA (acting as Agent for the Lenders)

		IAMGOLD CORPORATION, as Borrower


		By:	/s/ Maarten Theunissen
		Name:	Maarten Theunissen
		Title:	CFO

		NATIONAL BANK OF CANADA, as Agent


		By:	/s/ Lauren Reid
		Name:	Lauren Reid
		Title:	Director

		By:	/s/ Jonathan Campbell
		Name:	Jonathan Campbell
		Title:	Managing Director

		NATIONAL BANK OF CANADA, as Lender


		By:	/s/ Lauren Reid
		Name:	Lauren Reid
		Title:	Director

		By:	/s/ Jonathan Campbell
		Name:	Jonathan Campbell
		Title:	Managing Director

		ROYAL BANK OF CANADA, as Lender
		By:	/s/ Strati Georgopoulos
		Name:	Strati Georgopoulos
		Title:	Authorized Signatory

		By:
		Name:
		Title:

	BANK OF MONTREAL, as Lender
	By:	/s/ Chris Henstock
	Name:	Chris Henstock
	Title:	Managing Director

	By:
	Name:
	Title:

	THE TORONTO-DOMINION BANK, as Lender
	By:	/s/ Liza Straker
	Name:	Liza Straker
	Title:	Managing Director

	By:	/s/ Janet Liu
	Name:	Janet Liu
	Title:	Vice President

	DEUTSCHE BANK AG, CANADA BRANCH, as Lender
	By:	/s/ David Gynn
	Name:	David Gynn
	Title:	Director

	By:	/S/ Edward Salibian
	Name:	Edward Salibian
	Title:	Assistant Vice President

	CITIBANK, N.A., CANADIAN BRANCH, as Lender
	By:	/s/ Daljeet Lamba
	Name:	Name: Daljeet Lamba
	Title:	Title: Authorized Signatory

	By:
	Name:
	Title:

	CANADIAN IMPERIAL BANK OF COMMERCE, as Lender
	By:	/s/ Peter Yoo
	Name:	Name: Peter Yoo
	Title:	Title: Director

	By:	/s/ Kazim Mehdi
	Name:	Kazim Mehdi
	Title:	Managing Director

	INVESTISSEMENT QUÉBEC, as Lender
	By:	/s/ Robert Hamel
	Name:	Robert Hamel
	Title:	Premier directeur, Ressources Québec

	By:
	Name:
	Title:

	THE BANK OF NOVA SCOTIA, as Lender
	By:	/s/ Elizabeth Daponte
	Name:	Elizabeth Daponte
	Title:	Managing Director

	By:	/s/ Monika Kokolari
	Name:	Monika Kokolari
	Title:	Associate

	BNP PARIBAS, as Lender
	By:	/s/ Anne-Gaelle Roy
	Name:	Anne-Gaelle Roy
	Title:	Managing Director

	By:	/s/ Vincent Pasquier
	Name:	Vincent Pasquier
	Title:	Director

	IAMGOLD ESSAKANE S.A.

	By:	/s/ Oumar Toguyeni
	Name:	Oumar Toguyeni
	Title:	Chairman of the Board


	By:	/s/ Tidiane Barry
	Name:	Tidiane Barry
	Title:	General Manager

Total Net Debt Ratio	Prime Rate and Base Rate Advances	Other Advances	Standby Fee
Less than 1.00 to 1	2.00%	3.00%	0.750%
Greater than or equal to 1.00 to 1 but less than 2.00 to 1	2.50%	3.50%	0.875%
Greater than or equal to 2.00 to 1 but less than 3.00 to 1	3.00%	4.00%	1.000%
Greater than or equal to 3.00 to 1	3.50%	4.50%	1.125%

TO:	THE LENDERS (as defined in the Credit Agreement referred to below)

AND TO:	NATIONAL BANK OF CANADA, as Agent ●

	Attention: ● Fax No.: ●

(A)	that an Advance be made under the Credit	( )

(B)	the requested Advance represents the following [check one or more]:

	increase in Advances under the Credit	( )
	rollover of existing Advances under the Credit	( )
	conversion of existing Advances to another type of Advance	( )

(C)	The Advance Date shall be

(D)	The advance shall be in the form of [check one or more and complete details]:

	Prime Rate Advance	( )
	Amount: ____________________

	AGEM LIMITED

	By:	/s/ Tricia Gittens
	Name:	Tricia Gittens
	Title:	Corporate Secretary and Director


	By:	/s/ Maarten Theunissen
	Name:	Maarten Theunissen
	Title:	Director

ARTICLE 1 INTERPRETATION	1
1.1 Definitions	1
1.2 Construction	30
1.3 Certain Rules of Interpretation	30
1.4 Terms Generally	30
1.5 Knowledge	31
1.6 Performance on Banking Days or Business Days	31
1.7 Accounting Terms	31
1.8 Rates	31
1.9 Amendment and Restatement	32

ARTICLE 2 THE CREDIT	32
2.1 Amount and Availment Options	32
2.2 Overdraft Utilizations	32
2.3 Reborrowing	33
2.4 Use of the Credit	33
2.5 Term and Repayment	34
2.6 Interest Rates and Fees	34
2.7 Other Fees	36
2.8 Exchange Rate Fluctuations	36
2.9 Extension of Maturity Date	36

ARTICLE 3 SECURITY	37
3.1 Guarantees	37
3.2 Security over Assets	38
3.3 Insurance	38
3.4 Obligations Secured by the Security	39
3.5 Future Material Subsidiaries	39
3.6 Validity of the Security and Contents of Security Documents	39
3.7 Other Obligations	40

ARTICLE 4 CONDITIONS PRECEDENT TO EFFECTIVENESS	40
4.1 Conditions Precedent to Effectiveness	40
4.2 Conditions Precedent to all Advances	42

ARTICLE 5 ADVANCES	42
5.1 Lenders' Obligations Relating to L/Cs	42
5.2 Evidence of Indebtedness	43
5.3 Calculation and Other Matters Regarding Interest and Fees	43
5.4 Conversions, Rollovers, Renewals, Repayments and Reductions	45
5.5 Notice of Advances and Payments	46
5.6 Size and Term of Advances	46
5.7 Payment of CORRA Advances, SOFR Advances and L/Cs	47
5.8 Co-ordination Prime Rate, Base Rate, CORRA and SOFR Advances	48

5.9 Availability, Changed Circumstances Etc.	49
5.10 Issuance and Use of L/Cs	53
5.11 Reimbursement Obligation - L/Cs	53
5.12 Failure of Lender to Fund	54
5.13 Payments by the Borrower	55
5.14 Payments by Agent	55

ARTICLE 6 REPRESENTATIONS AND WARRANTIES	56
6.1 Representations and Warranties	56
6.2 Survival of Representations and Warranties	61

ARTICLE 7 COVENANTS	62
7.1 Financial Covenants	62
7.2 Positive Covenants	62
7.3 Periodic Reports	65
7.4 Ownership of the Restricted Parties	68
7.5 Negative Covenants	68

ARTICLE 8 DEFAULT	74
8.1 Default	74
8.2 Acceleration and Termination of Rights	76
8.3 Payment of L/Cs	77
8.4 Remedies	77
8.5 Saving	77
8.6 Perform Obligations	78
8.7 Third Parties	78
8.8 Remedies Cumulative	78
8.9 Set-Off or Compensation	78

ARTICLE 9 AGENCY PROVISIONS	79
9.1 Authorization of Agent	79
9.2 Rights as a Lender	79
9.3 Exculpatory Provisions	79
9.4 Reliance by Agent	80
9.5 Delegation of Duties	81
9.6 Direct Payments	81
9.7 Administration of the Credit	82
9.8 Replacement of Declining Lenders	85
9.9 Rights of Agent	85
9.10 Acknowledgements, Representations and Covenants of Lenders	86
9.11 Collective Action of the Lenders	87
9.12 Successor Agent	87
9.13 No Other Duties etc.	88
9.14 Defaulting Lenders	88

9.15 Provisions Operative Between Lenders and Agent Only	90
9.16 Return by Lenders of Mistaken Payments	90

ARTICLE 10 ADDITIONAL LENDERS, SUCCESSORS AND ASSIGNS	92
10.1 Successors and Assigns	92
10.2 Assignments by Lenders	92
10.3 Register	94
10.4 Participations	94
10.5 Certain Pledges	95

ARTICLE 11 MISCELLANEOUS PROVISIONS	95
11.1 Severability, Etc.	95
11.2 Amendment, Supplement or Waiver	95
11.3 Governing Law	95
11.4 This Agreement to Govern	96
11.5 Currency	96
11.6 Liability of Lenders	96
11.7 Acknowledgement and Consent to Bail-In of Affected Financial Institutions	96
11.8 Expenses and Indemnity	97
11.9 Taxes	98
11.10 Increased Costs etc.	100
11.11 Mitigation Obligations; Replacement of Lenders	101
11.12 Illegality	102
11.13 Currency Indemnity	102
11.14 Notices	103
11.15 Time of the Essence	103
11.16 Further Assurances	104
11.17 Term of Agreement	104
11.18 Counterparts and Facsimile	104
11.19 Waiver of Jury Trial, Consequential Damages Etc.	104
11.20 Treatment of Certain Information: Confidentiality	105
11.21 Entire Agreement	106
11.22 This Agreement to Govern	106
11.23 Language	106
11.24 Date of this Agreement	107
11.25 No set-off by Restricted Parties	107

SCHEDULE A LENDERS' APPLICABLE PERCENTAGES	1

SCHEDULE B ORGANIZATIONAL CHART	1

SCHEDULE C COMPLIANCE	1

SCHEDULE D NOTICE OF ADVANCE, PAYMENT, ROLLOVER OR CONVERSION	1

SCHEDULE E ROYALTY AGREEMENTS	1

SCHEDULE F INFORMATION THAT MAY BE DISCLOSED	1

SCHEDULE G FORM OF ASSIGNMENT AND ASSUMPTION	1

SCHEDULE H CERTAIN PROPERTY THAT MAY BE DISPOSED OF	1

SCHEDULE I SUBORDINATION PROVISIONS	2

	DEUTSCHE BANK AG, CANADA BRANCH
	By:
	Name:
	Title:

	By:
	Name:
	Title:

	CITIBANK, N.A., CANADIAN BRANCH
	By:
	Name:
	Title:

	By:
	Name:
	Title:

		ROYAL BANK OF CANADA, as Lender
		By:
		Name:
		Title:

		By:
		Name:
		Title:

		THE TORONTO-DOMINION BANK, as Lender
		By:
		Name:
		Title:

		By:
		Name:
		Title:

		CANADIAN IMPERIAL BANK OF COMMERCE, as Lender
		By:
		Name:
		Title:

		By:
		Name:
		Title:

		INVESTISSEMENT QUÉBEC (as successor to Ressources Québec Inc.), as Lender
		By:
		Name:
		Title:

		By:
		Name:
		Title:

		THE BANK OF NOVA SCOTIA, as Lender
		By:
		Name:
		Title:

		By:
		Name:
		Title:

	Base Rate Advance	( )
	Amount: ____________________

	Term CORRA Advance	( )
	Amount: ____________________
	End of Interest Period: ________________________________________

	Daily Compounded CORRA Advance	( )
	Amount: ____________________
	End of Interest Period: ________________________________________

	SOFR Advance	( )
	Amount: ____________________
	End of Interest Period: ________________________________________

	L/C	( )
	Nominal Amount: ____________________
	Expiry Date: ____________________
	[Note: attach proposed form of details]

(E)	The proceeds of the Advance shall be deposited in [specify Designated Account]

(a)	that a payment, rollover or conversion will be made under the Credit	( )

(b)	the payment, rollover or conversion represents the following [check one or more]:

	reduction in Advances under Credit	( )
	rollover of existing Advances as the same	( )
	type of Advance under Credit
	conversion of existing Advances to another	( )
	type of Advance under Credit

(c)	The payment, rollover or conversion date shall be
	_________________________

(d)	The advance to be paid, rolled over or converted shall be in the form of [check one or more and complete details]:

	Prime Rate Advance	( )
	Amount: ____________________

	Base Rate Advance	( )
	Amount: ____________________

	Term CORRA Advance	( )
	Amount: ____________________
	Start of current
	Interest Period: ________________________________________

	Daily Compounded	( )
	CORRA Advance
	Amount: ____________________
	Start of current
	Interest Period: ________________________________________

	SOFR Advance	( )
	Amount: ____________________
	Start of current
	Interest Period: ________________________________________

Company Level		Deal Specific		Facility Specific
Issuer Name		Currency/amount		Currency/Amount
Location		Date		Type
SIC (Cdn)		Purpose		Purpose
Identification Number(s)		Sponsor		Tenor
Revenue		Financial Covenants		Term Out Option
				Expiration Date
		Target Company		Facility Signing Date
Measurement of Risk Assignment Language
	S&P Sr. Debt	Law Firms
	S&P Issuer	MAC Clause
	Moody's Sr. Debt	Springing lien
	Moody's Issuer	Cash Dominion
	Fitch Sr. Debt	Mandatory Prepays
	Fitch Issuer	Restrct'd Payments (Neg Covs)
	S&P Implied
	(internal assessment)		Other Restrictions
	DBRS
Other Ratings
Industry Classification
	Moody's Industry
	S&P Industry
Parent

Financial Ratios
				Security
				Secured/Unsecured

				Collateral and Seniority of Claim
				Collateral Value
				Guarantors
				Lenders Names/Titles
				Lender Commitment ($)
				Committed / Uncommitted
				Distribution method
				Amortization Schedule
				Borrowing Base / Advance Rates
				New money Amount
				Country of Syndication
				Facility Rating (Loss given default)
				S&P Bank Loan
				Moody's Bank Loan
				Fitch Bank Loan
				DBRS
				Other Ratings

(1)	Assignor:	____________________

(2)	Assignee:	____________________

(3)	Borrower:	Iamgold Corporation

(4)	Agent	National Bank of Canada, as the administrative agent under the Credit Agreement

(5)	Credit Agreement: The US $425,000,000 amended and restated credit agreement dated as of December 14, 2017 among Iamgold Corporation as Borrower, the Lender parties thereto and the National Bank of Canada as Agent

(6)	Assigned Interest:

Facility Assigned	Aggregate Amount of Commitments / Advances for all Lenders ¹	Amount of Commitment / Advances Assigned	Percentage Assigned of Commitment / Advances ²	CUSIP Number
Credit	$	$	%
	$	$	%
	$	$	%