UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
 
 Form 6-K
 
REPORT OF FOREIGN PRIVATE ISSUER PURSUANT TO RULE 13a-16 or 15d-16 UNDER THE
SECURITIES EXCHANGE ACT OF 1934
 
 
For the month of November, 2020
 
 
Commission File Number 000-55985
 
 
SILVER ELEPHANT MINING CORP.
(Translation of registrant’s name into English)
 
Suite 1610 – 409 Granville Street
Vancouver, British Columbia, Canada V6C 1T2
(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
     ☒
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):   ☐              
 
 
Note:  Regulation S-T Rule 101(b)(1) only permits the submission in paper of a Form 6-K if submitted solely to provide an attached annual report to security holders.
 
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):    ☐            
 
 
Note: Regulation S-T Rule 101(b)(7) only permits the submission in paper of a Form 6-K if submitted to furnish a report or other document that the registrant foreign private issuer must furnish and make public under the laws of the jurisdiction in which the registrant is incorporated, domiciled or legally organized (the registrant’s “home country”), or under the rules of the home country exchange on which the registrant’s securities are traded, as long as the report or other document is not a press release, is not required to be and has not been distributed to the registrant’s security holders, and, if discussing a material event, has already been the subject of a Form 6-K submission or other Commission filing on EDGAR.
 

 
 
SIGNATURE
 
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 ELEPHANT MINING CORP.

 
 
 
 
Date: November 18, 2020
/s/ Brigitte McArthur                       
Brigitte McArthur
Corporate Secretary
 
 
 
-2-
 
INDEX TO EXHIBITS
 
 
Amendment to Underwriting Agreement dated November 17, 2020
 

 
-3-
  Exhibit 99.1
 
AMENDMENT TO UNDERWRITING AGREEMENT
 
 
This amending agreement (this “Amendment”) is entered into as of November 17, 2020.
 
Reference is made to the underwriting agreement dated effective October 26, 2020 (the “Underwriting Agreement”) between Mackie Research Capital Corporation, Canaccord Genuity Corp. and Sprott Capital Partners LP (collectively, the “Underwriters”) and Silver Elephant Mining Corp. (the “Corporation”) pertaining to the offering of up to 20,000,000 common shares of the Corporation at a price of $0.40 per common share. Capitalized terms used herein but not otherwise defined shall have the meanings ascribed thereto in the Underwriting Agreement.
 
 
The Underwriters and the Corporation hereby amend the definitions of “Closing Date”, “Final Prospectus Date” and “Latest Closing Date” in the Underwriting Agreement as follows:
 
 
“Closing Date” means the fifth Business Day following the day on which the receipt is issued for the Final Prospectus, or such earlier or later date as the Underwriters may designate for the closing of the Offering, provided that in no event (unless otherwise agreed to be the Corporation) shall such date be later than the Latest Closing Date;
 
 
“Final Prospectus Date” means the date on which the Final Prospectus is filed, which shall be no later than November 17, 2020 or such other date as the Corporation and the Underwriters may determine;
 
 
“Latest Closing Date” means the tenth Business Day after the day on which the receipt is issued for the Final Prospectus;
 
 
Except as provided above, the Underwriting Agreement remains unamended and in full force and effect in accordance with its terms.
 
 
This Amendment may be executed in any number of counterparts and by facsimile or electronic copy, and each of such counterparts and facsimile or electronic copy shall for all purposes be deemed to be an original, and all such counterparts shall together constitute one and the same instrument.
 
 
 
[Signature Page Follows]

 
 
IN WITNESS WHEREOF this Amendment has been executed by the parties as of the date first above written.
 
 
SILVER ELEPHANT MINING CORP.
 
 
Per:
 
 


(Signed) "John Lee"
 
 
 
Name:  John Lee 
 
 
 
Title:    Executive Chairman 
 
 
 
 
MACKIE RESEARCH CAPITAL CORPORATION
 

Per:
 
 


(Signed) "David Greifenberger"
 
 
 
Name:    David Greifenberger 
 
 
 
Title:      Managing Director, Investment Banking 
 
 
 
 
CANACCORD GENUITY CORP.
 

Per:
 
 


(Signed) "Earle McMaster"
 

 
Name:  Earle McMaster 
 

 
Title:    Director, Investment Banking 
 
 
 
 
SPROTT CAPITAL PARTNERS LP, by its general partner, SPROTT CAPITAL PARTNERS GP INC.
 

Per:
 
 


(Signed) "David Wargo"
 

 
Name:  David Argo
 

 
Title:    Managing Director and Head of Investment Banking
 
 
 
[Signature Page to the Amendment to Underwriting Agreement]