---
schema_version: "secwatch.filing_event.v1"
accession: "0000950103-23-005877"
form_type: "8-K"
ticker: null
cik: "0001517006"
company_name: "Gatos Silver, Inc."
filed_at: "2023-04-19T23:59:59+00:00"
generated_at: "2026-06-16T23:34:29.258585+00:00"
event_type: "other_material"
sentiment: "negative"
materiality_score: 0.85
calibrated_materiality_score: 0.85
confidence: "high"
source: SEC EDGAR
---

# Gatos Silver delays 10-K, receives NYSE non-compliance notice, restates prior financials

## Summary
- NYSE issued non-compliance notice for late 2022 10-K; 6-month cure period, trading continues.
- Restating 2021 annual and Q1-Q3 2022 financials due to deferred tax asset understatement in 70%-owned LGJV.
- Waiver under credit agreement extends financial statement delivery deadline to May 15, 2023.
- Annual Meeting postponed indefinitely until all SEC filings are complete.

## SEC filing metadata
- accession: 0000950103-23-005877
- form_type: 8-K
- cik: 0001517006
- company_name: Gatos Silver, Inc.
- filed_at: 2023-04-19T23:59:59+00:00
- event_type: other_material
- sentiment: negative
- materiality_score: 0.85
- calibrated_materiality_score: 0.85
- confidence: high
- sec_items: 1.01, 3.01, 8.01, 9.01
- EDGAR index: https://www.sec.gov/Archives/edgar/data/1517006/000095010323005877/0000950103-23-005877-index.htm
- EDGAR primary document: https://www.sec.gov/Archives/edgar/data/1517006/000095010323005877/dp192372_8k.htm

## Machine-readable alternates
- HTML: https://secwatch.observer/filing/0000950103-23-005877
- JSON: https://secwatch.observer/filing/0000950103-23-005877.json
- Plain text: https://secwatch.observer/filing/0000950103-23-005877.txt

## Key facts
- Listing & Compliance Notices
  Gatos Silver, Inc. received a nyse deficiency notice notice regarding late filing (rules 802.01E).
  - Exchange: nyse
  - Notice: deficiency notice
  - Deficiency: late filing
  - Rules: 802.01E
  source text: April 18, 2023, the Company received a notice from the New York Stock Exchange (“NYSE”) stating that the Company was not in compliance with Section 802.01E of the NYSE Listed Company Manual as a result of its failure to timely file its Annual Report on Form 10-K for the year ended December 31, 2022 with the U.S. Securities and Exchange Commission. As disclosed in the Company’s Current Report on Form 8-K filed on April 3, 2023, on March 31, 2023, the Company determined that there was an understatement in the net deferred tax assets in its 70%-owned LGJV that originated in 2021. The Company is i
  evidence_url: https://www.sec.gov/Archives/edgar/data/1517006/000095010323005877/0000950103-23-005877-index.htm
- Material Agreements
  Gatos Silver, Inc. entered into Waiver with Bank of Montreal, Chicago Branch, as administrative agent, BMO Capital Markets, as bookrunner and mandated lead arranger, and Bank of Montreal, Chicago Branch and certain financial institutions from time to time, as lenders (effective 2023-04-13).
  - Action: entry
  - Agreement: credit facility
  - Counterparty: Bank of Montreal, Chicago Branch, as administrative agent, BMO Capital Markets, as bookrunner and mandated lead arranger, and Bank of Montreal, Chicago Branch and certain financial institutions from time to time, as lenders
  - Effective: 2023-04-13
  source text: On April 13, 2023, Gatos Silver, Inc. (the “Company”) entered into a waiver (the “Waiver”) to its Amended and Restated Revolving Credit Agreement, dated December 20, 2022, among the Company, certain of its subsidiaries from time to time, Bank of Montreal, Chicago Branch, as administrative agent, BMO Capital Markets, as bookrunner and mandated lead arranger, and Bank of Montreal, Chicago Branch and certain financial institutions from time to time, as lenders.
  evidence_url: https://www.sec.gov/Archives/edgar/data/1517006/000095010323005877/0000950103-23-005877-index.htm

This AI-assisted summary is a reading aid. Review the linked SEC EDGAR filing before relying on any specific claim.