UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Amendment No. 1
to
FORM 40-F
o REGISTRATION STATEMENT PURSUANT TO SECTION 12(b) OR (g) OF THE SECURITIES
EXCHANGE ACT OF 1934
OR
ý ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
For the fiscal year ended December 31, 2017
Commission file number: 1-13422
AGNICO EAGLE MINES LIMITED
(Exact name of Registrant as specified in its charter)
Ontario, Canada |
1040 | 98-0357066 | ||
(Province of other jurisdiction of incorporation or organization) |
(Primary Standard Industrial Classification Code Number) | (I.R.S. Employer Identification Number) |
145 King Street East, Suite 400
Toronto, Ontario, Canada M5C 2Y7
(416) 947-1212
(Address and telephone
number of Registrant's principal executive offices)
Davies Ward Phillips & Vineberg LLP
900 Third Avenue, 24th Floor, New York, New York 10022
Attention: Scott D.
Fisher
(212) 588-5500
(Name, address (including zip code) and telephone number (including area code) of agent for service in the
United States)
Securities registered or to be registered pursuant to Section 12(b) of the Act:
| Common Shares, without par value | New York Stock Exchange | |
(Title of Class) |
(Name of exchange on which registered) |
Securities
registered or to be registered pursuant to Section 12(g) of the Act:
None
(Title of Class)
Securities
for which there is a reporting obligation pursuant to Section 15(d) of the Act:
None
(Title of Class)
For annual reports, indicate by check mark the information filed with this Form:
ý Annual information form ý Audited annual financial statements
Indicate the number of outstanding shares of each of the issuer's classes of capital or common stock as of the close of the period covered by the annual report.
232,699,237 Common Shares as of December 31, 2017
Indicate by check mark whether the Registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Exchange Act during the preceding 12 months (or for such shorter period that the Registrant was required to file such reports) and (2) has been subject to such filing requirements for the past 90 days.
Yes ý No o
Indicate by check mark whether the Registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (§232.405 of this chapter) during the preceding 12 months (or for such shorter period that the Registrant was required to submit and post such files).
Yes ý No o
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 12b-2 of the Exchange Act.
Emerging growth company o
If an emerging growth company that prepares its financial statements in accordance with U.S. GAAP, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards† provided pursuant to Section 13(a) of the Exchange Act. o
On March 23, 2018, Agnico Eagle Mines Limited (the "Company") filed its annual report on Form 40-F for the fiscal year ended December 31, 2017 (the "Annual Report"). Subsequent to filing the Annual Report, the Company noted that its Annual Information Form, which was filed as Exhibit 99.1 to the Annual Report, was incorrectly dated. A corrected version of Exhibit 99.1, together with certifications under Sections 302 and 906 of the Sarbanes-Oxley Act of 2002 and certain expert consents, is filed herewith. No other portions of the Annual Report are being amended
This Form 40-F/A, which includes the exhibits filed herewith (other than the section of the AIF entitled "Ratings"), is incorporated by reference into the Company's Registration Statements on Form F-3D (registration no. 333-215096) and Form S-8 (registration nos. 333-130339 and 333-152004). Each of the AIF (other than the section entitled "Ratings"), the Annual Financial Statements and the Annual MD&A is incorporated by reference as an exhibit to the Company's Registration Statement on Form F-10 (registration no. 333-221636).
| Exhibit | Description | ||
|---|---|---|---|
99.1** |
Annual Information Form of the Company for the year ended December 31, 2017. | ||
99.2* |
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99.3* |
Management's Discussion and Analysis for the year ended December 31, 2017. |
||
99.4** |
Certification of the Chief Executive Officer required by Rule 13a-14(a) or Rule 15d-14(a) , pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. |
||
99.5** |
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99.6** |
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99.7** |
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99.8* |
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99.9** |
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99.10** |
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99.11** |
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99.12** |
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99.13** |
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99.14** |
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99.15** |
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99.16** |
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99.17** |
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99.18** |
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Pursuant to the requirements of the Exchange Act, the Company certifies that it meets all of the requirements for filing on Form 40-F and has duly caused this annual report to be signed on its behalf by the undersigned, thereto duly authorized.
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AGNICO EAGLE MINES LIMITED | |||
Toronto, Canada |
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|
by |
/s/ DAVID SMITH |
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