Operations and Production - The company commenced commercial operations and achieved first production of boric acid in March 2024, with over 50,000 gallons of Pregnant Leach Solution (PLS) accumulated and an average head grade of 5.5% during the initial three months of mining operations [88][89]. - The Small-Scale Facility (SSF) is expected to produce up to 2,000 short tons of boric acid annually, with plans to scale up to a run rate of 9,000 short tons and increase lithium production [91]. - The company selected Fluor Corporation as the engineering, procurement, and construction (EPC) services provider for the front end loading stage 2, which will support the upgrading of the technical document into a Pre-feasibility Study (PFS) [93][94]. Financial Position and Restructuring - The company entered into a Standstill Agreement on November 9, 2023, allowing it to temporarily go below the cash covenant of $10 million while addressing liquidity issues [96]. - The Out-of-Court Restructuring included an amendment to increase the number of authorized shares from 180 million to 360 million and the issuance of up to $35 million of common stock at a price of $1.025 per share [98]. - The company raised $15.8 million in net proceeds from equity offerings associated with the Out-of-Court Restructuring, improving its cash position [104]. - The minimum cash condition under the Amended and Restated Note Purchase Agreement was waived through June 28, 2024, with a subsequent reduction in the covenant from $10 million to $7.5 million [102]. - There exists substantial doubt regarding the company's ability to continue as a going concern for a period of one year after the issuance of the financial statements, necessitating additional financing [104]. Expenses and Financial Performance - For the three months ended March 31, 2024, project expenses decreased by $113 thousand, or 9%, compared to the same period in 2023, primarily due to reductions in expenses related to water monitoring wells and technical reports [108]. - For the nine months ended March 31, 2024, project expenses decreased by $4.1 million, or 50%, mainly due to reduced activity in the plug and abandonment program, which accounted for a $5.0 million decrease [109]. - General and administrative expenses for the three months ended March 31, 2024, decreased by $3.0 million, or 50%, primarily due to a reduction in professional and legal fees [110]. - For the nine months ended March 31, 2024, general and administrative expenses decreased by $2.2 million, or 12%, driven by decreased employee incentive compensation costs and marketing expenses [111]. - Research and development expenses for the three months ended March 31, 2024, decreased by $45 thousand, or 100%, due to the completion of engagements with research institutions [112]. - Interest income for the three months ended March 31, 2024, decreased by $315 thousand, or 81%, compared to the same period in 2023, reflecting lower average cash balances [117]. - The loss on extinguishment of debt for the three and nine months ended March 31, 2024, was $21.0 million, resulting from modifications to the terms of the Convertible Notes [118]. - Interest expense for the three months ended March 31, 2024, decreased by $1.4 million, or 63%, primarily due to the elimination of the amortization of the debt discount following the debt modification [120]. - For the nine months ended March 31, 2024, interest expense decreased by $695 thousand, or 14%, due to capitalized interest and the elimination of the debt discount amortization [121]. - There was no income tax expense or benefit recorded for the three and nine months ended March 31, 2024, as a full valuation allowance was maintained against the net deferred tax asset [123]. Cash Flow and Financing - For the nine months ended March 31, 2024, net cash used in operating activities was $19.6 million, a decrease of $4.5 million or 19% compared to the same period in 2023 [124]. - Cash used in investing activities was $5.9 million, a decrease of $24.2 million or 80% compared to the same period in 2023, primarily due to reduced spending on construction [124]. - Cash flows from financing activities included $15.8 million from a private placement of common stock in January 2024, after costs and fees [126]. - As of March 31, 2024, cash and cash equivalents were $8.0 million, down from $20.3 million as of June 30, 2023 [125]. - The company plans to operate the Small-Scale Facility and progress customer qualification over the next 12 months, which will require additional capital [127]. - The company has a minimum cash covenant of $7.5 million under the Amended and Restated Note Purchase Agreement, and failure to secure additional financing may lead to default [128]. - The company intends to explore various financing strategies, including equity or debt financing, to support business growth [129]. - An equity distribution agreement was entered into on March 28, 2024, allowing for the sale of up to $15 million of common stock [131]. - The company had purchase order commitments of $4.7 million for construction works in progress and equipment [138]. - The company has not generated revenues since inception and relies on equity financing and equity-linked debt instruments for funding [125].
5E Advanced Materials(FEAM) - 2024 Q3 - Quarterly Report