Equinox Gold Corp.
For the period ended Dec 31, 2023. Filed Feb 23, 2024.
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The yearly report of certain Canadian companies, filed under a joint US and Canadian system. It is the main yearly account these companies give US investors, largely as filed in Canada.
FY2023 · Filed Feb 23, 2024
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Contents
EX-99.2 · Commitments and Contingencies
COMMITMENTS AND CONTINGENCIES
The Company enters into contracts in the normal course of business that give rise to commitments for future payments. The following table summarizes the contractual maturities of the Company’s financial liabilities, and operating and capital purchase commitments, at December 31, 2023:
| Within 1year | 1-2years | 2-3years | 3-4years | 4–5years | Thereafter | Total | |
|---|---|---|---|---|---|---|---|
| Trade payables and accrued liabilities | $230,689 | $— | $— | $— | $— | $— | $230,689 |
| Loans and borrowings(1)(2) | 207,072 | 198,622 | 570,300 | 8,308 | 180,830 | — | 1,165,132 |
| Derivative liabilities | 2,314 | 1,730 | — | — | — | — | 4,044 |
| Lease liabilities(2) | 30,109 | 12,180 | 6,390 | 4,944 | 1,455 | 92 | 55,170 |
| Other financial liabilities(2) | 6,745 | 13,156 | 7,510 | 7,403 | 7,296 | 3,570 | 45,680 |
| Reclamation and closure costs(2) | 15,660 | 13,689 | 19,337 | 20,220 | 16,374 | 129,579 | 214,859 |
| Purchase commitments(2) | 65,077 | 8,267 | 7,495 | 7,092 | 6,931 | 26,998 | 121,860 |
| Other operating commitments(2) | 37,855 | 20,392 | 21,208 | 22,056 | 22,939 | 10,883 | 135,333 |
| Total | $595,521 | $268,036 | $632,240 | $70,023 | $235,825 | $171,122 | $1,972,767 |
(1)Amount includes principal and interest payments, except accrued interest which is included in accounts payable and accrued liabilities.
(2)Amounts represent undiscounted future cash flows.
At December 31, 2023, the Company had the following outstanding matters involving contingencies:
Legal
The Company is a defendant in various lawsuits and legal actions for alleged fines, labour related and other matters in the jurisdictions in which it operates. Management regularly reviews these lawsuits and legal actions with outside counsel to assess the likelihood that the Company will ultimately incur a material cash outflow to settle a claim. To the extent management believes it is probable that a cash outflow will be incurred to settle a claim, a provision for the estimated settlement amount is recognized. At December 31, 2023, the Company recognized a provision of $7.8 million (2022 – $9.2 million) for legal matters which is included in other non-current liabilities.
Environmental
A historic rain event caused widespread flooding in the Aurizona region in March 2021 and a fresh water pond on the Aurizona site overflowed. The tailings facility and other infrastructure at the Aurizona site remained operational. The Company received notices from the local state government of environmental infractions related to turbidity in the local water supply at Aurizona with associated fines at December 31, 2023 totaling $10.6 million (2022 – $9.7 million). In addition to the fines, public civil actions have been filed against the Company in the State and Federal courts claiming various damages as a result of the rain event. The Company and its advisors believe the fines and public civil actions are without merit and it is not probable that a cash outflow will occur. Accordingly, no amount has been recognized in relation to the fines and public civil actions.
The above matters could have an adverse impact on the Company's financial performance, cash flows and results of operations if they are not resolved favorably.
The text of this filing, as the company filed it with the SEC, without its images or exhibits. This is not investment advice.