Energy Fuels (UUUU) risk factors, FY2024 10-K

Risks Related to our Industry

1. 01We are subject to the risks normally encountered by companies in the mineral extraction industry
2. 02Our results of operations are significantly affected by the market prices of uranium, vanadium, rare earth elements and heavy mineral sands, which are cyclical and subject to substantial price fluctuations
3. 03The majority of our properties do not contain Mineral Reserves under S-K 1300 and NI 43-101, and some of the Company’s properties, projects and facilities may not be economic at any point in time or at all
4. 04Mining on properties having no known Mineral Resources or Mineral Reserves is inherently speculative and may not prove to be economic at any point in time or at all
5. 05Exploration, development, extraction, mining, recovery and milling of minerals, and the transportation and handling of the products recovered, are subject to extensive international, federal, state and local laws and regulations
6. 06environmental laws and regulations requires significant expenditures and increases mine and facility, construction, development and operating costs
7. 07There is a risk that current and future government administrations will not support mining, uranium mining, nuclear energy or other aspects of our business and may limit, restrict or prevent the use of public lands for mining and other activities
8. 08Public acceptance of nuclear energy and competition from other energy sources is unknown
9. 09Unfavorable media coverage of mining or nuclear energy could negatively affect our business
10. 10Potential impacts of public perceptions on our commercial relations
11. 11Mining operations involve a high degree of risk
12. 12factors cannot be accurately predicted, but the combination of these factors, along with others, may result in our not receiving an adequate return on invested capital
13. 13There is uncertainty in the estimation of Mineral Reserves and Mineral Resources
14. 14Opposition to mining may disrupt our business activities
15. 15We are subject to technical innovation and obsolescence
16. 16Mining, extraction, recovery, processing, construction, development and exploration activities depend, to a substantial degree, on adequate infrastructure
17. 17Mining, mineral extraction, recovery and milling are subject to a high degree of risk, and we are not insured to cover against all potential risks
18. 18Risks associated with our REE business
19. 19Risks Associated with our HMS Initiatives
20. 20Risks Associated with our TAT Radioisotope Initiatives

Risks Relating to our Regulatory Environment

1. 21Our business is subject to extensive environmental regulations that may make exploring, mining or related activities expensive, and which may change at any time
2. 22Further, our business is subject to risks associated with increased regulatory requirements or changes in attitudes or interpretations relating thereto applicable to our operations in response to pressure from special interest groups or otherwise
3. 23Possible amendments to the U.S. General Mining Law or other laws could make it more difficult or impossible for us to execute our business plan
4. 24The SEC’s disclosure requirements for Mineral Reserves and Mineral Resources, as codified in Subpart 1300 of Regulation S-K 1300, create ambiguity for issuers required to comply with both the requirements of S-K 1300 and NI 43-101, and may result in increased compliance costs for the Company
5. 25We are a “large accelerated filer” and are subject to a fully integrated audit pursuant to the Sarbanes-Oxley Act
6. 26Participation in Industry Trade Petition and related activities could have negative repercussions
7. 27Participation in the renewal of the Russian Suspension Agreement and related activities could have negative repercussions

Risks Related to Our Business

1. 28Some of our mineral properties may never be put into a state of production
2. 29The Mill has historically been run on a campaign basis as sufficient feed materials are available, and there can be no assurance that sufficient mill feed will be available in the future to sustain future campaigns
3. 30There can be no guarantee that we will be able to enter into additional new term sales contracts in the future for uranium, vanadium, REEs, HMC or HMS products on suitable terms and conditions
4. 31Vanadium mineral resource estimates for the La Sal Complex are based in part on Mill production records
5. 32We face risks associated with the closure of Kwale Operations
6. 33We face risks associated with our ability to earn our 49% interest in the Donald Project Joint Venture
7. 34We may be unable to raise debt financing as may be required or desirable
8. 35We may be unable to timely pay our outstanding debt obligations, which may result in us losing some of our assets covered by mortgage and/or other security arrangements, and which may adversely affect our assets, results of operations and/or future prospects
9. 36We may need additional financing in connection with the implementation of our business and strategic plans from time to time
10. 37We have experienced negative cash flows from operations and may need additional financing in connection with the implementation of our business and strategic plans from time to time
11. 38We are subject to costs associated with decommissioning and reclamation of our properties
12. 39Our mineral properties may be subject to defects in title or risks of forfeiture
13. 40detriment. There can also be no assurance that our rights will not be challenged or impugned by third parties, including by governments, surface owners, and non-governmental organizations
14. 41Because we may be unable to secure access rights to certain of our properties, we may be unable to explore and/or advance such properties
15. 42We face heightened risks relating to the business we conduct in foreign jurisdictions which could have a material adverse effect on our operations, liquidity and/or financial condition
16. 43Our operations outside the United States and Canada require us to comply with a number of United States, Canadian and international regulations, violations of which could have a material adverse effect on our business, consolidated results of operations, and consolidated financial condition
17. 44Our operations in Africa expose us to regional-specific social, political, economic and/or other risks
18. 45occur on a timely basis, or at all. Further, the development of the Toliara Project is dependent on several factors beyond our control
19. 46We face risks associated with a Brazilian federal or state government enacting or managing a conservation unit or environmental protection area which could have a material adverse effect on our operations, liquidity and/or financial condition
20. 47We are subject to foreign currency risks which could have a material impact on our cash flows and profitability
21. 48We may not realize the anticipated benefits of previous acquisitions which could impair our results of operations, profitability and/or financial results
22. 49We prepare estimates of future uranium, uranium/vanadium, REE (monazite), HMC and HMS product extraction and recovery, and there are no assurances that such estimates will be achieved
23. 50We depend on the issuance of license amendments and renewals, which cannot be guaranteed
24. 51Our sales of uranium, vanadium, REE, HMC and HMS products expose us to the risk of non-payment
25. 52We are dependent on key personnel and qualified and experienced employees
26. 53We are dependent on business partner, government and third-party consents and approvals
27. 54Our relationship with our employees may be impacted by changes in labor relations which could have a material adverse impact on our cash flows, earnings, results of operations, and/or financial condition
28. 55Investors in jurisdictions outside of Canada may have difficulty bringing actions and enforcing judgments under their respective jurisdiction's securities laws against an Ontario corporation
29. 56An information security incident, including a cybersecurity breach, could have a negative impact to the Company’s business or reputation
30. 57The Company may compromise or lose its proprietary technology or intellectual property in certain circumstances, which could result in a loss in the Company’s competitive position and/or the value of its intangible assets
31. 58We may be required to provide financial statements of one or more of our equity method investees in our annual reports on Form 10-K and rely on our equity method investees to provide us with these financial statements to fulfill our SEC reporting obligations
32. 59Our method of accounting for equity investments in other companies held by the Company could result in material changes to the Company’s financial results that are not fully within the Company’s control
33. 60We are subject to global economic risks
34. 61Russia’s Invasion of Ukraine is severely and unpredictably impacting global energy markets and supply chains, and concerns over a second severe nuclear accident in Ukraine could seriously hurt public reception to nuclear energy
35. 62The price of our Common Shares is subject to volatility
36. 63We may be subject to litigation and other legal proceedings arising in the normal course of business and may be involved in disputes with other parties in the future which may result in litigation
37. 64If we fail to maintain an effective system of internal controls, we may not be able to accurately report financial results and/or prevent fraud