Close

Form 6-K/A SILVER STANDARD RESOURCE For: Apr 07

April 7, 2016 12:52 PM EDT




UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 6-K/A

REPORT OF FOREIGN PRIVATE ISSUER PURSUANT TO RULE 13a-16 OR 15d-16
UNDER THE SECURITIES EXCHANGE ACT OF 1934
For April 7, 2016
Commission File Number: 000-26424
SILVER STANDARD RESOURCES INC.
(Translation of registrant's name into English)

#800 - 1055 Dunsmuir Street
PO Box 49088, Bentall Postal Station
Vancouver, British Columbia
Canada V7X 1G4
(Address of principal executive offices)

Indicate by check mark whether the registrant files or will file annual reports under cover Form 20-F or Form 40-F.

[ ] Form 20-F   [x] Form 40-F

Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(1): [       ]

Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(7): [           ]

EXPLANATORY NOTE

This Amendment to Form 6-K is being filed in order to re-file Exhibit 99.1 hereto, which was previously filed in a different format as Exhibit 99.1 to a Form 6-K of Silver Standard Resources Inc. initially filed on March 31, 2016. Other than re-filing such exhibit, there are no other changes to such initial Form 6-K.

INCORPORATION BY REFERENCE

This Form 6-K is hereby incorporated by reference into the registration statements on Form S-8 (File No. 333-185498, 333-196116 and 333-198092) of Silver Standard Resources Inc.

DOCUMENTS FILED AS PART OF THIS FORM 6-K

See the Exhibit Index hereto.


















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, thereunto duly authorized.

 
Silver Standard Resources Inc.
 
(Registrant)
 
 
 
Date: April 7, 2016
By:
Signed: "Gregory Martin"
 
 
Gregory Martin
 
Title:
Chief Financial Officer








SUBMITTED HEREWITH






AMENDING AGREEMENT
This Amending Agreement is made effective as of March 30, 2016;
BETWEEN:
SILVER STANDARD RESOURCES INC., a British Columbia corporation
(“
Acquiror”)
AND:
CLAUDE RESOURCES INC., a Canadian corporation
(“Claude”)
WHEREAS:
A.
Acquiror and Claude (collectively, the “Parties”) entered into an arrangement agreement dated March 7, 2016 (the “Arrangement Agreement”) pursuant to which Acquiror agreed, subject to certain conditions, to acquire 100% of the issued and outstanding common shares of Claude; and
B.
the Parties wish to amend the Arrangement Agreement on the terms and conditions set out in this Amending Agreement.
NOW THEREFORE for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the Parties, and the mutual promises set forth in this Amending Agreement, Acquiror and Claude hereby agree as follows:
1.
Defined Terms. All capitalized terms used in this Amending Agreement shall, unless otherwise indicated herein, have the meanings ascribed thereto in the Arrangement Agreement.
2.
Amendment to Section 5.4.1(c). Section 5.4.1(c) of the Arrangement Agreement shall be deleted in its entirety and replaced with the following:
“(c)    ensure that, with effect as and from the Effective Time, one individual who will be a nominee of Claude, acceptable to Acquiror, acting reasonably, shall be appointed to the Acquiror Board;”
3.
Governing Law; Consent to Jurisdiction. This Amending Agreement shall be governed, including as to validity, interpretation and effect, by the laws of the Province of British Columbia and the laws of Canada applicable therein. Each Party hereby irrevocably attorns to the non-exclusive jurisdiction of the Courts of the Province of British Columbia in respect of all matters arising under and in relation to this Amending Agreement and waives any defences to the maintenance of an action in the Courts of the Province of British Columbia.



2

4.
Successors and Assigns. Acquiror may assign all or any part of its rights under this Amending Agreement to, and its obligations under this Amending Agreement may be assumed by, a direct or indirect subsidiary of Acquiror, provided that if such assignment and/or assumption takes place, Acquiror shall continue to be liable jointly and severally with such subsidiary for all of its obligations hereunder. This Amending Agreement shall be binding on and shall enure to the benefit of the Parties and their respective successors and permitted assigns. Except as expressly permitted by the terms hereof, neither this Amending Agreement nor any of the rights, interests or obligations hereunder may be assigned by either of the Parties without the prior written consent of the other Party. Neither the Arrangement Agreement nor this Amending Agreement may be assigned unless both are assigned together.
5.
Full Force and Effect. The Arrangement Agreement shall henceforth be read and construed in conjunction with this Amending Agreement and the Arrangement Agreement shall be and shall continue to be in full force and effect, as amended hereby. References to the “Agreement” in the Arrangement Agreement or in any other document delivered in connection with, or pursuant to, the Arrangement Agreement, shall mean the Arrangement Agreement, as amended hereby.
6.
Counterparts; Execution. This Amending Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. The Parties shall be entitled to rely upon delivery of an executed facsimile or similar executed electronic copy of this Amending Agreement, and such facsimile or similar executed electronic copy shall be legally effective to create a valid and binding agreement between the Parties.
[Remainder of this page is intentionally left blank.]






The Parties hereto have executed this Amending Agreement as of the date first written above.
SILVER STANDARD RESOURCES INC.


By: (signed) Paul Benson    
Name: Paul Benson
Title: President & CEO


CLAUDE RESOURCES INC.


By: (signed) Brian Skanderbeg    
Name: Brian Skanderbeg
Title: President and CEO


By: (signed) Rick Johnson    
Name: Rick Johnson
Title: CFO



Signature page to Amending Agreement


Serious News for Serious Traders! Try StreetInsider.com Premium Free!

You May Also Be Interested In





Related Categories

SEC Filings