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Vinson & Elkins advised NioCorp Developments Ltd. (NASDAQ: NB) on a binding long-term offtake and marketing agreement with Traxys North America LLC for production from NioCorp’s Elk Creek Critical Minerals Project in southeast Nebraska.
Traxys commits to buy half of the project’s planned ferroniobium output for its first 15 years of production, backed by a take-or-pay obligation. Traxys also becomes NioCorp’s exclusive global marketing and sales partner and holds an exclusive option to buy the project’s other planned products, including scandium, titanium and rare earths. The new agreement replaces NioCorp’s earlier ferroniobium and scandium contracts with Traxys. NioCorp’s existing agreement with ThyssenKrupp covers the other half of the ferroniobium output for the first 10 years of production. With both agreements in place, every planned product from the project is now covered by long-term commercial arrangements.
The agreement supports NioCorp’s pursuit of debt financing from the Export-Import Bank of the United States. The United States has no primary domestic production of niobium or scandium today, and Elk Creek is positioned to become a domestic source of both.
The Vinson & Elkins team was led by Partner Alan Alexander and Counsel Guy Waldron, with assistance from Associate Tom Osborn. Also advising was Partner Melissa Raciti-Knapp and Associate Luis Salomon.
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