Exhibit 10.17

 

 

 

 

FOURTH ADDENDUM TO THE TERM LOAN FACILITY AGREEMENT

 

 

 

 

Between

 

 

ASP ISOTOPES INCORPORATED

("ASPI")

 

 

 

and

 

 

 

ASP ISOTOPES SOUTH AFRICA PROPRIETARY LIMITED

("Lender")

 

 

 

and

 

 

 

RENERGEN LIMITED

("Borrower")

 

 

each hereinafter referred to individually as a Party and collectively as the Parties.

 

 

Table of Contents

 

Table of Contents

1.

 

DEFINITIONS AND INTERPRETATION

3

2.

 

INTRODUCTION

3

3.

 

AMENDMENT

3

4.

 

CONFLICT

4

5.

 

COUNTERPARTS

4

6.

 

GENERAL

4

7.

 

SIGNATURE

4

 

2

 

WHEREBY the Parties agree as follows -

1.
DEFINITIONS AND INTERPRETATION
1.1.
Capitalised terms used but not defined in this Fourth Addendum shall, unless otherwise stated, bear the meanings given to them in the Term Loan Facility Agreement (as defined below).
1.2.
For the purposes of interpretation, this Fourth Addendum and the Term Loan Facility Agreement shall at all times be read together.
1.3.
In the Term Loan Facility Agreement and the Fourth Addendum, the following words shall, unless otherwise stated or inconsistent with the context in which they appear, bear the following meanings and other words derived from the same origins as such words (that is, cognate words) shall bear corresponding meanings:
1.4.
"Initial Signature Date" means 19 May 2025;
1.5.
"Term Loan Facility Agreement" means the written term loan facility agreement, entered into between the Parties on the Initial Signature Date, as amended from time to time; and
1.6.
"Signature Date" means the date when this Fourth Addendum is signed by the last Party in time to do so.
2.
INTRODUCTION
2.1.
The Parties entered into the Term Loan Facility Agreement.
2.2.
The Parties thereafter entered into a first addendum to the Term Loan Facility Agreement dated 15 January 2026 (the First Addendum), pursuant to which the aggregate facility amount and certain repayment provisions were amended.
2.3.
The Parties thereafter entered into a second addendum to the Term Loan Facility Agreement dated 26 February 2026 (the Second Addendum), pursuant to which the aggregate principal amount of the loan facility was increased to USD 39,500,000 (thirty-nine million five hundred thousand United States Dollars).
2.4.
The Parties thereafter entered into a third addendum to the Term Loan Facility Agreement dated 16 April 2026 (the Third Addendum), pursuant to which the aggregate principal amount of the loan facility was increased to USD 48,600,000 (forty-eight million six hundred thousand United States Dollars).
2.5.
Pursuant to the Borrower’s ongoing funding requirements, including further drawdowns anticipated during or about May 2026 and June 2026, the Parties now wish to further amend the Term Loan Facility Agreement to increase the aggregate principal amount of the loan facility from USD 48,600,000 (forty-eight million six hundred thousand United States Dollars) to USD 80,000,000 (eighty million United States Dollars).
2.6.
This Fourth Addendum records and formalises the agreed amendments to the Term Loan Facility Agreement.
3.
AMENDMENT

With effect from the Signature Date, the Parties hereby agree to amend clause 3.1.18 of the Term Loan Facility Agreement in accordance with clause 23.2 of the Term Loan Facility Agreement by deleting the reference to “USD 48,600,000 (forty-eight million six hundred thousand United States Dollars)” and replacing it with “USD 80,000,000 (eighty million United States Dollars)”.

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4.
CONFLICT
4.1.
This Fourth Addendum shall supplement the Term Loan Facility Agreement.
4.2.
In the event of any conflict between the provisions of the Term Loan Facility Agreement and any of the provisions of this Fourth Addendum, this Fourth Addendum shall prevail.
5.
COUNTERPARTS

This Fourth Addendum may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same agreement as at the Signature Date.

6.
GENERAL
6.1.
No contract varying, adding to, deleting from, or cancelling this Fourth Addendum, and no waiver of any right under this Fourth Addendum, shall be effective unless reduced to writing and signed by or on behalf of the Parties.
6.2.
This Fourth Addendum contains the entire agreement between the Parties relating to the matters recorded herein, and no Party shall be bound by any undertakings, representations, warranties, promises or the like not recorded in this Fourth Addendum.
7.
SIGNATURE

Signed on behalf of the Parties set out below, each signatory warrants that he or she has due authority to do so.

[SIGNATURE PAGE FOLLOWS]

4

 

 

SIGNED at

Midrand

on this the

28th

day

May

 of 2026.

 

For and on behalf of

 

THE LENDER

/s/ Mangaliso Mithi

Signatory: Mangaliso Mithi

Capacity: Finance Director

Who warrants his authority hereto

 

 

SIGNED at

Berkeley CA

on this the

28th

day

May

 of 2026.

 

 

For and on behalf of

 

ASP ISOTOPES INCORPORATED

/s/ Robert Ainscow

Signatory: Robert Ainscow

Capacity: COO

Who warrants his authority hereto

 

SIGNED at

Taiwan

on this the

28th

day

May

 of 2026.

 

For and on behalf of

 

THE BORROWER

/s/ Nick Mitchell

Signatory: Nick Mitchell

Capacity: COO

Who warrants his authority hereto

 

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